US Patent #: 10,713,325
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using this website (the “Service”) operated by 1parkplace, Inc. (“us”, “we”, or “our”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
When you create an account with us, you must provide accurate, complete, and current information at all times. Failure to do so constitutes a breach of the Terms, which may result in the immediate termination of your account on our Service. Creating an account makes you a direct user of 1parkplace/TheGenie and all affiliated services.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
In order to gain access to this program, you will need to be invited by one of our active certified affiliates in your region. If you do not know a certified affiliate, we can connect you with the closest affiliate based on your office zip code. Should your affiliate become inactive, we will notify you, and you may choose to deactivate your account or change affiliates.
Our Service may contain links to third-party websites or services that are not owned or controlled by 1parkplace.
1parkplace, Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that 1parkplace, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms shall be governed and construed in accordance with the laws of the United States without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.
These conditions and all other express terms shall be governed by and construed in accordance with the laws of California and the jurisdiction of San Diego County.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us.
1parkplace, Inc. understands the concerns Internet users have about the privacy and security of information that is collected on our website. We respect your privacy and we are committed to protecting it. This policy tells you how we do that.
1parkplace, Inc gathers information about visitors to our website to improve the caliber of online information and services offered. There are two forms of data that 1parkplace, Inc collects on our website: Site Visitorship/Usage Data and Personal Information Data. How we collect this information and what we do with it is discussed below.
1parkplace, Inc. routinely gathers data on website activity. This information, “Site Visitorship Data,” is collected on an aggregate basis on public areas of our website, or on an individual basis on the password protected areas of our website that require website visitors to log on using an access code (e.g., userID and/or password). Site Visitorship Data may include information such as:
Site Visitorship Data is generally gathered through the use of cookies and pixel tags. A “cookie” is a small piece of information that an Internet site sends to a visitor’s computer. In some cases, it is stored on the visitor’s hard drive. Cookies can save the visitor’s name, access codes, screen preferences, the pages of the site viewed by the visitor, and the advertisements viewed or clicked by the visitor. Visitors may decline receipt of the Internet cookie by using the appropriate feature of their Web software, if available. Declining the Internet cookie may, however, interfere with a visitor’s ability to view certain content on our website. A “pixel tag” is an invisible tag placed on certain pages of our website and is used to track an individual user’s activity on the password protected areas of our website. A pixel tag is also known as a “clear gif.”
1parkplace, Inc collects Personal Information Data such as name, address, phone number, e-mail address, etc. that new accounts provide when they complete any online form, application, survey, or when they request information on an Area. In accordance with CCPA and CA Law, you may request that we stop collecting any data associated with you, and we will not provide your contact information to others. If you have any questions, please email [email protected], and we will ensure you are opted out.
Subject to the terms and conditions (“Terms” or “Terms and Conditions”) of this agreement (“Agreement”), you are granted a limited, nonexclusive license to use iStrategy / 1ParkPlace services (“iStrategy / 1ParkPlace Service” or “Service”) and access the data (“Data”). For the purpose of this Agreement, iStrategy / 1ParkPlace shall mean the Company and its parent corporate owner. The following Terms and Conditions govern the use of the iStrategy / 1ParkPlace Service and the Data. By visiting iStrategy / 1ParkPlace, accessing the Data, or using the Service, you expressly agree to be bound by these Terms.
You are granted personal, nontransferable, and nonexclusive rights to access the Service and use the Data solely for your direct marketing, market research, and customer prospecting purposes, in strict accordance with the Terms of the Agreement. Certain portions of the Data available through the Service are only available via license with use rights that are based upon subscription access. In such case of subscription access, rights to the Data expire upon expiration or termination of the subscription, and in such case, you shall discontinue use of the Data and, as requested by iStrategy / 1ParkPlace, either (i) return the Data to iStrategy / 1ParkPlace without retaining any copies thereof or any notes or other information thereon or (ii) provide a certificate, executed by you, in form and substance satisfactory to iStrategy / 1ParkPlace, that the Data has been destroyed in such a manner as to render the Data permanently unreadable and unrecoverable.
iStrategy / 1ParkPlace reserves the right to deny access to any user or group of users to the iStrategy / 1ParkPlace Service, at its sole discretion, at any time, and for any reason or no reason. iStrategy / 1ParkPlace reserves the right to remove any Data from the iStrategy / 1ParkPlace database at any time and for any or no reason.
iStrategy / 1ParkPlace reserves the right to change, modify, or otherwise alter these Terms and Conditions at any time at iStrategy / 1ParkPlace’s sole discretion. Any and all modifications shall become effective immediately once posted. You acknowledge you are responsible for keeping yourself apprised of any changes and updates to this agreement.
You agree that monetary damages may not provide a sufficient remedy to iStrategy / 1ParkPlace for violations of these Terms of use, and you consent to injunctive or other equitable relief for such violations.
In the event that iStrategy / 1ParkPlace provides a telephone number, you acknowledge that iStrategy / 1ParkPlace has not processed its Databases against the National Do Not Call Registry, State Phone Suppression files, and DMA Phone Suppression files, the “Telephone Number Suppression files.” By using the Service, you acknowledge that some of the individuals provided by iStrategy / 1ParkPlace may have placed their telephone numbers on Telephone Number Suppression files. You also acknowledge that you will either obtain access to the Telephone Number Suppression files, or if you
do not obtain access to Telephone Number Suppression files, you will only make calls for purposes permitted by law.
iStrategy / 1ParkPlace does not promise that the Service will be error-free or uninterrupted, that it will provide specific results from the use of the Service or any Data, search, or link on it, or that the information on the Service is complete or accurate. The Company shall not be held responsible for any errors or omissions on the Service or produced by secondary dissemination of information on the Service. The Service and its Data are delivered on an “AS-IS” and “AS-AVAILABLE” basis. The Company cannot ensure that files you download from the Service will be free of viruses or contamination or destructive features. The Company disclaims all warranties, express or implied, including any implied warranties of merchantability and fitness for a particular purpose. The Company will not be liable for any damages of any kind arising from the use of this Service or the Data, including, without limitation, direct, indirect, incidental, and punitive and consequential damages. The Company disclaims any and all liability for the acts, omissions, and conduct of any third-party users, the Service users, advertisers, and/or sponsors on the Service, in connection with the Service, or otherwise related to your use of the Service. The Company is not responsible for the products, services, actions, or failure to act of any third party in connection with or referenced on the Service.
iStrategy / 1ParkPlace will not be liable for any claim, demand, loss, liability, damage, injuries, cost, or expense (including reasonable attorneys’ fees and legal costs), whether general, direct, special, incidental, consequential, or other damage caused in whole or in part or directly or indirectly by any use or misuse of the Data or any alleged or actual failure by iStrategy / 1ParkPlace to comply with the Terms of the Agreement, whether or not any such damages were foreseeable or whether iStrategy / 1ParkPlace was advised of the possibility of such damages. iStrategy / 1ParkPlace’s maximum liability will not exceed the amount you paid iStrategy / 1ParkPlace under the Agreement within the 12 months preceding the event that gave rise to iStrategy / 1ParkPlace’s liability.
By registering and using the iStrategy / 1ParkPlace Service, you agree to the iStrategy / 1ParkPlace Privacy Policy. A visitor to iStrategy / 1ParkPlace can choose to opt-out so information about them is not shared with iStrategy / 1ParkPlace customers. For more information, visit the iStrategy / 1ParkPlace Opt-Out Page.
You shall indemnify, defend, and hold harmless iStrategy / 1ParkPlace, its stockholders, directors, officers, employees, independent contractors, and agents against any claim, demand, loss, liability, damage, injury, cost, or expense (including attorneys’ fees and legal costs) which arises, directly or indirectly, out of your act or omission with respect to the Data or any violation of the Agreement or any violation of Laws.
You acknowledge that temporary interruptions may occur in the provision of Data or use of the Service, and that any such interruptions shall not result in iStrategy / 1ParkPlace having any liability to you or others. This shall not suspend or eliminate your payment obligations to iStrategy / 1ParkPlace or provide you with any refund rights for amounts previously paid to iStrategy / 1ParkPlace.
In order to use certain features on iStrategy / 1ParkPlace, you will be required to register and create an account on the iStrategy / 1ParkPlace website. By registering with iStrategy / 1ParkPlace, you acknowledge and agree to receive e-mail confirming your registration with iStrategy / 1ParkPlace, notices about your account activity as well as promotional marketing of other iStrategy / 1ParkPlace products and services. By having an account with iStrategy / 1ParkPlace, you agree to take full responsibility for maintaining the confidentiality of your account username, password, and all related activity that occurs under your account username. If you violate these terms, the Company may, at its sole discretion, terminate your account and restrict your access to iStrategy / 1ParkPlace. In cases of subscription access, we will charge your applicable credit card according to the pricing and frequency described at the time of subscriptions sign-up, and you agree to accept these charges. In the event payment to iStrategy / 1ParkPlace is denied or declined, the subscription access rights may be terminated at iStrategy / 1ParkPlace’s sole discretion.
You may not assign your rights or obligations under this Agreement to any other person or entity without the prior written consent of iStrategy / 1ParkPlace, whether by operation of law or otherwise, and any attempt to do so shall be void.
In addition to all other legal rights and remedies available to iStrategy / 1ParkPlace for any apparent, threatened, or actual breach or violation of the Agreement by you, iStrategy / 1ParkPlace has the right to terminate the Agreement and demand immediate return or destruction of any and all Data at any time if iStrategy / 1ParkPlace believes you are not complying in full with the Agreement.
This Agreement shall be governed by and construed under the Laws of the State of California without regard to the principles of conflicts of Law of that State or any other state. Any litigation or other dispute relating to or arising under the Agreement shall only be brought in the state or federal courts located in San Diego County, California, and you agree to submit to the exclusive jurisdiction of those courts and waive any objections to the venue of any such proceeding in those courts.
This Agreement contains the entire understanding between you and iStrategy / 1ParkPlace and supersedes any prior understandings or agreements, oral or written, relating to the subject matter of the Agreement. The Agreement may only be amended by a document signed by you and iStrategy / 1ParkPlace.
If any provision of this Agreement is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that the Agreement will otherwise remain in full force and effect and enforceable. The waiver or failure of iStrategy / 1ParkPlace to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of the other rights established hereunder.
Any dispute or claim arising out of or in connection with this Agreement or the performance, breach, or termination thereof shall be finally settled by arbitration in San Diego County, California, in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect (the “Rules”), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator(s) shall be appointed pursuant to the Rules, and the arbitrator(s) shall apply the Laws of the State of California to all issues in dispute. Any and all claims and proceedings to resolve disputes must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator(s) may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator(s) shall not have the power to award punitive damages against any party. YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION.
The following sections of this Agreement shall survive the termination of this Agreement: Sections 1, 1.1, 1.2, 1.3, 2, 3, 4, 5, 6, 7, 8, 9, and 10.
This is the entire agreement between you and iStrategy / 1ParkPlace relating to the Data and the iStrategy / 1ParkPlace Service. You acknowledge that this Agreement may be made available to you by electronic means and that it may not be available in paper form. You may wish to print a copy of this Agreement for your records.
Any notice or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via certified mail, postage prepaid, to the address of the recipient as it may appear on this page, with a copy to Legal Department at [email protected]
By accepting these Terms and Conditions, you acknowledge that you have read, understand, and agree to be bound by the terms and conditions above.
US Patent #: 10,713,325