ParkwayTransportInc.com Terms and Conditions
The website (together with any successor site(s) thereto and mobile version(s) thereof, the “Site”) and/or the mobile app (together with any successor app(s) thereto, the “App”) from which you are accessing these Terms & Conditions (these “Terms”) are made available to you by Parkway Transport, Inc. and its brands and affiliates (collectively, “Parkway”, “we”, “us” or “our”) and are subject to these Terms. The Site and the App are referred to collectively herein as the (“Service”).
Please read these Terms carefully before using the Service. Your use of (including any access to) the Service in any manner binds you to these Terms. These Terms are effective unless and until terminated by Parkway. NOTE THAT SECTION 14 OF THESE TERMS CONTAINS A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES, INCLUDING, BUT NOT LIMITED TO, THE WAIVER OF A JURY TRIAL. If you do not agree with any term or condition of these Terms, do not use the Service. By using the Service, you represent that you are 18 years of age or older. If you are under the age of 18, but at least 13 years of age, you may use the Service only under the supervision of a parent or legal guardian who has agreed to be bound by these Terms.
Parkway reserves the right, at any time, to change these Terms by notifying you of such changes by any reasonable means, including by posting a revised Terms through the Service. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such changes. By using the Service following any such changes, you agree to be bound by such revised Terms. You may reject such changes by ceasing all use of the Services. You should periodically visit this page to review the most current Terms; the “Last Updated” legend indicates when these Terms were last changed. In addition, we may, at any time and without liability, modify or discontinue all or part of the Service (including access to the Service via third party links); charge, modify or waive any fees required to use the Service; or offer opportunities to some or all Service users.
2. Jurisdictional Issues. The Service is controlled and operated from the United States and is not intended to subject Parkway to any non U.S. jurisdiction or law. The Service may not be appropriate or available for use in some non U.S. jurisdictions. Any use of the Service is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Service’s availability at any time, in whole or part, to any person, geographic area or jurisdiction that we choose.
3. Parkway’s Intellectual Property Rights.
3.1. The Service (including all content therein and the compilation of such content, including but not limited to all photos, videos, text, graphics, data, and images) is owned by Parkway and/or its licensors and is subject to trademark, service mark, copyright and/or other intellectual property rights. The Parkway name(s) and logo(s), and all related product and service names, design marks and slogans, are the trademarks or service marks of Parkway. All other marks are the property of their respective companies. Nothing contained on the Service grants any rights to use any trade name, trademark, service mark, logo, or other intellectual property without the express prior written consent of the owner.
3.2. Subject to your compliance with these Terms, and solely for so long as you are permitted by Parkway to use the Site, you may view one (1) copy of any portion of the Site to which we provide you access hereunder, on any single device, solely for your personal, non commercial use. In addition, and if applicable, the App is licensed (and not sold) to end users. Subject to your compliance with these Terms, and solely for so long as you are permitted by Parkway to use the App, we hereby permit you, on a limited, non exclusive, revocable, non transferable, non sublicensable basis, to install and use the App on a mobile device that you own or control. If you fail to comply with any provision of these Terms, you must immediately cease using the Service and remove (that is, uninstall and delete) the App from your mobile device.
4. Rules of Conduct. You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Service. In connection with the Service, you shall not:
• Post, transmit or otherwise make available through or in connection with the Service any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
• Post, transmit or otherwise make available through or in connection with the Service any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
• Use the Service for any purpose that is fraudulent or otherwise tortious or unlawful.
• Harvest or collect information about users of the Service.
• Interfere with or disrupt the operation of the Service or the servers or networks used to make the Service available, including by hacking or defacing any portion of the Service; or violate any requirement, procedure or policy of such servers or networks.
• Restrict or inhibit any other person from using the Service.
• Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Service except as expressly authorized herein, without Parkway’s express prior written consent.
• Reverse engineer, decompile or disassemble any portion of the Service, except where such restriction is expressly prohibited by applicable law.
• Remove any copyright, trademark or other proprietary rights notice from the Service.
• Frame or mirror any portion of the Service, or otherwise incorporate any portion of the Service into any product or service, without Parkway’s express prior written consent.
• Systematically download and store Service content.
• Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Service content, or reproduce or circumvent the navigational structure or presentation of the Service, without Parkway’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, Parkway grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Parkway reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Service.
5.Submissions and Forums. Service users may make available certain materials, including but not limited to comments, photos, videos, or other user generated content (each, a “Submission”), through or in connection with the Service, including on the Service’s interactive features, such as message boards, ratings and reviews, and other forums or messaging functionality (each, a “Forum”), or on third party social media platforms by using promotional hashtags designated by Parkway. You agree to abide by the Rules of Conduct set forth in Section 4 above with regards to all Submissions. Parkway has no control over Submissions and is not responsible for any use or misuse (including any distribution) by any third party of Submissions. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH OR IN CONNECTION WITH THE SERVICE, YOU DO SO AT YOUR OWN RISK.
6. License. For purposes of clarity, you retain ownership of your Submissions. For each Submission, you hereby grant to us a worldwide, royalty free, fully paid up, non exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use and exploit such Submission (including any ideas, concepts, know how, techniques or methodologies incorporated therein), in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials, and to develop, manufacture and market products and services).
In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Service or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Parkway under any fiduciary or other obligation.
7. Third Party Materials. Parties other than Parkway may operate stores or otherwise make available services, products and content on the Service. For example, Parkway provides links to third party websites and other resources for your convenience. Such third party stores, services, products, content, websites and other resources, including Submissions of third parties, are referred to collectively herein as “Third Party Materials”. Parkway neither controls nor endorses, nor is Parkway responsible for, Third Party Materials, including their accuracy, integrity, quality, legality, usefulness and safety, and any intellectual property rights therein. Nothing in these Terms shall be deemed a representation or warranty by Parkway with respect to any Third Party Materials. Parkway has no obligation to monitor Third Party Materials, and may block or disable access to any Third Party Materials (in whole or part) through the Service at any time. Third Party Materials are provided for your convenience, and their availability through the Service does not imply Parkway’s endorsement of, or affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.
PARKWAY DOES NOT ASSUME ANY RESPONSIBILITY FOR (1) ANY CONTENT OF, (2) ANY TECHNOLOGY IMPLEMENTED BY, OR (3) THE PRIVACY PRACTICES OF, ANY THIRD PARTY. YOUR USE OF ANY THIRD PARTY MATERIALS IS AT YOUR OWN RISK, AND IS SUBJECT TO ANY APPLICABLE THIRD PARTY TERMS, CONDITIONS AND POLICIES (SUCH AS TERMS AND PRIVACY POLICIES).
9. Errors on the Service. Parkway seeks to ensure that the information on the Service is accurate, current and complete. However, there may be instances when information about an Parkway product or service contains inaccurate or incomplete information. Parkway does not warrant or guarantee that the information on the Service is error-free, complete or current. Parkway reserves the right to correct errors and/or to update the content or information on the Service at any time without notice or liability.
10. Consent to E mail Communication. When you create a user account using the Service, send an e mail to us, or otherwise electronically request that we contact you, you are communicating with us electronically. You consent to receive communications from us electronically, and agree that we may communicate with you by e mail or by posting notices on the Service.
11. Disclosures and Notices. You agree that we can provide disclosures and notices required by law and other information about you to you electronically by e mailing it to the e mail address you provide to Parkway. You also agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with a paper copy. Such disclosures and notices are considered received by you within 24 hours of the time it was e mailed to you unless we receive notice that the e mail was not delivered.
12. Security. We have implemented reasonable technical and organizational measures designed to secure your information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures and use your information for improper purposes. You acknowledge that you provide your personal information at your own risk.
13. DISCLAIMER AND LIMITATION OF LIABILITY.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, PARKWAY IS NOT RESPONSIBLE FOR THE CONSEQUENCES OF, OR RELIANCE ON, ANY MATERIALS (INCLUDING THIRD PARTY MATERIALS) AVAILABLE THROUGH OR SUBMITTED TO THE SERVICE, OR ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE SERVICE, AND THE RISK OF DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE AND ALL SUCH MATERIALS, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. YOU AGREE THAT PARKWAY SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING LOST PROFITS, AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF USE OF SUCH MATERIALS, PRODUCTS OR SERVICES) ARISING OUT OF USE OF, OR INABILITY TO USE, THE SERVICE OR SUCH MATERIALS, PRODUCTS OR SERVICES, EVEN IF PARKWAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
WITHOUT LIMITING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY OF PARKWAY (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ASSOCIATED WITH ANY CLAIM ARISING FROM THE SERVICE, FOR ANY REASON WHATSOEVER, SHALL BE LIMITED TO $100. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF SUCH LAWS APPLY TO SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS, THEN CERTAIN SUCH DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE CERTAIN ADDITIONAL RIGHTS.
14. Indemnity. You agree to defend, indemnify and hold Parkway and its affiliates and each of their directors, officers, employees, and representatives harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from (a) your access to or use of the Service or any materials (including Third Party Materials), products or services available through the Service, (b) any of your Submissions, or (c) any violation or alleged violation by you of any provision of these Terms.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH PARKWAY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
15.1. Binding Arbitration. EXCEPT FOR ANY DISPUTES, CLAIMS, SUITS, ACTIONS, CAUSES OF ACTION, DEMANDS OR PROCEEDINGS (COLLECTIVELY, “DISPUTE(S)”) IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS, YOU AND PARKWAY AGREE (A) TO WAIVE YOUR AND PARKWAY’S RESPECTIVE RIGHTS TO HAVE ANY AND ALL DISPUTES ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES RESOLVED IN A COURT, AND (B) TO WAIVE YOUR AND PARKWAY’S RESPECTIVE RIGHTS TO A JURY TRIAL. INSTEAD, YOU AND PARKWAY AGREE TO ARBITRATE DISPUTES THROUGH BINDING ARBITRATION (WHICH IS THE REFERRAL OF A DISPUTE TO ONE OR MORE PERSONS CHARGED WITH REVIEWING THE DISPUTE AND MAKING A FINAL AND BINDING DETERMINATION TO RESOLVE IT INSTEAD OF HAVING THE DISPUTE DECIDED BY A JUDGE OR JURY IN COURT). You and Parkway agree that for any arbitration you initiate, you will pay the filing fee and Parkway will pay the remaining JAMS fees and costs. If you cannot afford to pay for the arbitration you agree to provide us the option of paying the arbitrator before seeking to initiate any other form of dispute resolution, including litigation. For any arbitration initiated by Parkway, Parkway will pay all JAMS fees and costs.
15.2. No Class Arbitrations, Class Actions or Representative Actions. YOU AND PARKWAY AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES IS PERSONAL TO YOU AND PARKWAY AND THAT SUCH DISPUTE WILL BE RESOLVED SOLELY THROUGH INDIVIDUAL ARBITRATION AND WILL NOT BE BROUGHT AS A CLASS ARBITRATION, CLASS ACTION OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING. YOU AND PARKWAY AGREE THAT THERE WILL BE NO CLASS ARBITRATION OR ARBITRATION IN WHICH AN INDIVIDUAL ATTEMPTS TO RESOLVE A DISPUTE AS A REPRESENTATIVE OF ANOTHER INDIVIDUAL OR GROUP OF INDIVIDUALS. FURTHER, YOU AND PARKWAY AGREE THAT A DISPUTE CANNOT BE BROUGHT AS A CLASS OR OTHER TYPE OF REPRESENTATIVE ACTION, WHETHER WITHIN OR OUTSIDE OF ARBITRATION, OR ON BEHALF OF ANY OTHER INDIVIDUAL OR GROUP OF INDIVIDUALS.
15.3. Federal Arbitration Act. You and Parkway agree that these Terms affect interstate commerce and that the enforceability of this Section 14 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
15.4. Notice; Informal Dispute Resolution. You and Parkway agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Parkway shall be sent by certified mail or courier to Parkway Transport, Inc., 5711 FM 78, San Antonio, Texas 78015, with a copy to Parkway Transport, Inc., Attn: Corporate Law, 646 South Flores, San Antonio, Texas 78204. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your Parkway account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with Section 10 and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and Parkway cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Parkway may, as appropriate and in accordance with this Section 14, commence an arbitration proceeding or, to the extent specifically provided for in Section 14.1, file a claim in court.
15.5. Process. EXCEPT FOR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS, YOU AND PARKWAY AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR PARKWAY WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND PARKWAY WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE). You and Parkway agree that (a) any arbitration will either occur (i) in person in Bexar County, Texas or, if requested in your Dispute notice, in the United States county where your permanent residence is located, (ii) by written submissions, or (iii) telephonically (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference, and (c) that the state or federal courts of the State of Texas and the United States, respectively, sitting in the State of Texas, in Bexar County, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.
15.6. Authority of Arbitrator. As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
15.7. Rules of JAMS. The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS, or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
15.8. Severability. If any term, clause or provision of this Section 14 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 17 will remain valid and enforceable. Further, the waivers set forth in Section 17.2 are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.
15.9. Opt-Out Right. You have the right to opt-out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 14 by writing to: Parkway Transport, Inc., 5711 FM 78, San Antonio, Texas 78015, with a copy to Parkway Transport, Inc., Attn: Corporate Law, 646 South Flores, San Antonio, Texas 78204. In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt-out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 19.
16. Governing Law and Venue. You agree that the laws of the State of Texas, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Parkway. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of the State of Texas and the United States, respectively, sitting in the State of Texas, in Bexar County. ANY DISPUTE SHALL ONLY BE BROUGHT ON AN INDIVIDUALIZED BASIS, AND NOT AS A CLASS ACTION OR OTHER TYPE OF REPRESENTATIVE ACTION. IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN IN ARBITRATION WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
17. Copyright Infringement Claims. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that material available on the Service infringes your copyright, you (or your agent) may send to Parkway a written notice by mail, e mail or fax, requesting that Parkway remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Parkway a counter notice. Notices and counter notices must meet the then current statutory requirements imposed by the DMCA. See copyright.gov for details. Notices and counter notices must be sent in writing to Parkway’s DMCA agent as follows: by mail to DMCA Designated Agent, Parkway Transport, Inc., c/o Corporate Law, 646 South Flores, San Antonio, Texas 78204; by e mail to [email protected]; or by fax to 210 938 7816. We suggest that you consult your legal advisor before filing a DMCA notice or counter notice.
18. Termination. These Terms are effective until terminated by us. We may terminate or suspend your use of the Service at any time and without prior notice, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination or suspension, your right to use the Service will immediately cease and you must remove (that is, uninstall and delete) the App from your mobile device, and we may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. Sections 1, 2, 3.1 and 4 14 shall survive any expiration or termination of these Terms.
19. Filtering. We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise (kids.getnetwise.org) and OnGuard Online (onguardonline.gov). Please note that Parkway does not endorse any of the products or services listed on such sites.
20. Export Controls. You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; (b) on any of the U.S. government lists of restricted end users.
21. Exclusion of European Economic Area Customers. You agree to access and use Parkway Services only within the jurisdictions in which Parkway operates, which excludes the European Economic Area (“EEA”). If you are a resident of the EEA, you may not access or otherwise use the Services, provide Parkway with any Personal Information, or cause Parkway to receive any Personal Information of any EEA resident.
22. Miscellaneous. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer employee, agency or franchisor franchisee relationship between you and Parkway. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms shall be construed as if followed by the phrase “without limitation.” These Terms, including any terms and conditions incorporated herein, are the entire agreement between you and Parkway relating to the subject matter hereof, and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and Parkway relating to such subject matter. Notices to you (including notices of changes to these Terms) may be made via posting to the Service or by e mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Parkway will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
23. Apple Specific Terms. In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the App compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to these Terms and does not own and is not responsible for the App or the content thereof. The license you have been granted herein is limited to a non transferable license to use the App on an Apple branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. Apple is not responsible for and has no obligation whatsoever to furnish any maintenance or other support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple and, if applicable, Apple will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and will not be responsible for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty. Apple is not responsible for addressing any claims from you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. It is not the intention of these Terms to limit Parkway’s liability to you beyond what is permitted by applicable law. In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to Parkway in accordance with the “Contact Us” section below. In addition, you must comply with the terms of any third party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms and, upon your acceptance of the terms and conditions of these Terms, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof; notwithstanding the foregoing, our right to enter into, rescind or terminate any variation, waiver or settlement under these Terms is not subject to the consent of any third party.
24. Contact Us. Please let us know if you have any questions about, or would like a copy of, our Terms. A copy will be provided to you free of charge. Simply e-mail us at or call us at 1-800-765-3952.
Effective Date: November 28, 2018.