This document outlines the terms on which you may access and use the Canadian Parking & Mobility Association (“CPMA”)’s services. In order to become a CPMA website user, you must read and accept all of these terms and conditions and the Privacy Policy. In the event of any inconsistency between the CPMA’s Privacy Policy and the Terms of Service, the Terms of Service shall prevail. If you do not agree to be bound by the Terms of Service, you may not use nor access our website.

The CPMA reserves the right to modify this document at any time, and without prior notice, by posting amended terms on the CPMA’s website. Your continued use of the CPMA’s website indicates your acceptance of the amended Terms of Service.

The CPMA is the national organization that represents the parking industry and provides a dynamic forum for learning and sharing to enhance our members’ ability to serve the public and to improve the economic vitality of our communities.

USE OF SERVICE

Your use of the CPMA’s website is governed by the Terms of Service. The CPMA may refuse service with or without prior notice to any user for any or no reason.

You are responsible for maintaining the confidentiality of your password and account (if applicable) and are fully responsible for all activities that occur under your password or account with or without your knowledge. You are also responsible for the input of all your information. The CPMA cannot and will not be liable for any loss or damage to you or any third-party arising from your failure to comply with this section.

TERMINATION

You agree that the CPMA may, with or without cause, terminate your CPMA account (if applicable) and access to its website, including but not limited to the member zone, the conference zone, the career and development zone, and the CPMA benefits (the “Programs and/or Services”) without prior notice. Without limiting the foregoing, the following will lead to a termination by the CPMA of a user’s use of the website and programs and services the CPMA provides in case of: (a) breaches or violations of these Terms of Service or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, and (c) unexpected technical issues or problems. Furthermore, you agree that all terminations shall be made in the CPMA’s sole discretion and that the CPMA shall not be liable to you nor any third-party for any termination of your account (if applicable) or access to the CPMA’s website.

USER CONDUCT

You understand and agree not to:

• Use the CPMA’s website and programs and services for any illegal purpose, including but not limited to conspiring to violate laws.
• Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your affiliations with a person or entity, past or present.
• Upload, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships.
• Upload, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
• Upload, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the CPMA’s website, Programs and/or Services or forum.
• Post content in fields that aren’t intended for that content. Example: Putting an address in a name field.
• Interfere with or disrupt the CPMA’s website, its Programs and/or Services, or servers or networks connected to the CPMA’s website, or disobey any requirements, procedures, policies or regulations of networks connected to the CPMA’s website.

INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside.

INFORMATION PROVIDED ON THIS WEBSITE

In the course of using the CPMA’s website and/or its Programs and/or Services, users may provide information about themselves or a third-party which is collected by the CPMA (see our Privacy Policy) to learn more about information collected on this website). You understand that by uploading information on the CPMA’s website, its Programs and/or Services, or otherwise providing information to the CPMA, you are granting to the CPMA a royalty-free, perpetual, irrevocable license to use this information. Furthermore, you understand that the CPMA retains the right to reformat, excerpt, or translate any information submitted by you. You understand that all information uploaded or transmitted through the CPMA’s website, its Programs and/or Services, is the sole responsibility of the person from which such content originated and that the CPMA will not be liable for any errors or omissions in any content. You understand that the CPMA cannot guarantee the accuracy of information uploaded, entered, or transmitted by users in the course of using the CPMA’s website, its Programs and/or Services or forum. Additionally, the CPMA cannot guarantee the authenticity of any data which users may provide about themselves or third-parties.

It is the responsibility of the user to ensure that the information provided is accurate.

ACCESS TO SERVICE

Use of manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the CPMA website is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to “frame” or otherwise simulate the appearance or function of this website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.

THE CPMA COMMUNICATIONS

In the course of providing you access and services, the CPMA may need to communicate with you via email (see our Privacy Policy to learn more about communications). You agree to receive emails which are specific to your account, including a series of emails which help inform users about various CPMA products or services. You also agree to have your name or your authorizing third-party’s name and/or email address listed in the header of certain communications which you initiate through the CPMA’s website, its Programs and/or Services.

MONITORING AND ENFORCEMENT

While the CPMA has the right to monitor activity and content associated with the CPMA’s forum, the CPMA is not obligated to do so. The CPMA, in its sole discretion may deal with complaints relating to contents posted on the forum.

FEES

Fees charged by the CPMA for event registrations may be collected through the use of a third party internet software program (such as PayPal and Beanstream). Users agree and understand that the CPMA is in no way liable for user’s use of such third party internet software program. Users further agree and understand that such third party internet software program is governed by its own terms of service and privacy policy. The CPMA encourages users to be aware of and to read the terms of use and privacy statements of each and every website that collects personally identifiable information.

The CPMA reserves the right to charge for the events and services it offers or any portion thereof, modify the pricing of, add to, or discontinue the Programs and/or Services, or any portion thereof without prior notice.

If the CPMA’s internet services provider for any reason is unable to bill or collect any amounts according to the user/registrant’s requested payment method, then the user/registrant will remain responsible for all such amounts. If user/registrant fails to pay applicable fees when due, then the CPMA and/or its internet services provider in its sole and absolute discretion may deny access to the user to the event, and may pursue such remedies as are available under applicable law for collection of delinquent fees.

PURCHASE REFUND POLICY

1. Membership and Training Programs: No refunds or transfers.
   • Event Fees:
     Conference: Delegates Cancellations for full-delegate registrations must be in writing and will forfeit$100 per registrant. Substitutions may be permitted under certain circumstances. There are norefunds for Individual event purchases.
   • Conference Exhibitors: Booth Cancellation
     Up to and including date specified on the registration form, deposit less a $550 administrative fee per 10×10 booth cancelled will be refunded. No refunds thereafter and outstanding balances will be due and payable.
   • Conference: Exhibit Staff
     Cancellations received in writing before date specified on registration form will forfeit $100 per registrant. No refunds after date specified or for no-shows.

INDEMNIFICATION

By accepting these Terms of Service, you agree to indemnify and otherwise hold harmless the CPMA, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from: i) your use of the CPMA’s website, Programs and/or Services; ii) unauthorized access to or alteration of your communications with or through the CPMA’s website, Programs and/or Services, and forum; iii) unauthorized use of third-party information; or iv) any other matter relating to the information you provide during the use of the CPMA’s website, Programs and/or Services, or forum. Any business transactions or decisions which may arise as a result of the use of the CPMA’s website, Programs and/or Services, or forum are the sole responsibility of the users involved.

Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that the CPMA may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce these Terms of Service, or protect the rights, property, or safety of the CPMA, its users, and the public.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE CPMA’S WEBSITE, PROGRAMS AND/OR SERVICES, AND THE FORUM IS AT THE USER’S SOLE RISK. THE CPMA’S WEBSITE, PROGRAMS AND/OR SERVICES, AND THE FORUM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE CPMA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.

THE CPMA MAKES NO WARRANTY NOR ARE THERE ANY CONDITIONS THAT THE CPMA’S WEBSITE, PROGRAMS AND/OR SERVICES, AND THE FORUM WILL MEET YOUR REQUIREMENTS, OR THAT THE CPMA’S WEBSITE, PROGRAMS AND/OR SERVICES, AND THE FORUM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES THE CPMA MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CPMA’S WEBSITE, PROGRAMS AND/OR SERVICES, AND THE FORUM OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE CPMA’S WEBSITE, EVENTS, PROGRAMS AND/OR SERVICES, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE CPMA ASSUMES NO RESPONSIBILITY FOR THE DELETION OF OR FAILURE TO STORE OR DELIVER ANY USER INFORMATION.

YOU UNDERSTAND AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE CPMA’S WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

THE CPMA MAKES NO WARRANTY REGARDING ANY GOODS, PROGRAMS AND/OR SERVICES PURCHASED OR OBTAINED THROUGH THE CPMA’S WEBSITE, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE CPMA’S WEBSITE, PROGRAMS AND/OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE CPMA OR THROUGH THE CPMA’S WEBSITE, PROGRAMS AND/OR SERVICES, OR FORUM SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

THE CPMA WILL ATTEMPT IN GOOD FAITH TO RESOLVE ANY TECHNICAL PROBLEMS YOU MAY EXPERIENCE WITH THE CPMA’S WEBSITE AND FORUM. IF YOU EXPERIENCE A PROBLEM WITH THE CPMA’S WEBSITE, PROGRAMS AND/OR SERVICES OR FORUM, YOU CAN SEND AN EMAIL TO info@canadianparking.ca.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

ENTIRE AGREEMENT

These Terms of Service constitutes the entire agreement between you and the CPMA and governs your use of the CPMA’s website, its Programs and Services, superseding any prior agreements between you and the CPMA.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE CPMA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE CPMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM YOUR USE OR INABILITY TO USE THE CPMA’S WEBSITE, PROGRAMS AND/OR SERVICES, OR FORUM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANY WARRANTY IMPLIED BY LAW, IN NO EVENT WILL THE CPMA’S TOTAL CUMULATIVE DAMAGES EXCEED THE GREATER OF A) CND$100 OR B) THE PROGRAMS AND/OR SERVICES’ REGISTRATION FEE PAID BY THE USER.

GOVERNING LAW

The User Agreement between you and the CPMA, and all transactions between you and the CPMA will be governed by and construed in accordance with the laws of the Province of Ontario (without regard to conflict of laws principles).

GENERAL INFORMATION

The CPMA, the CPMA logo, and other CPMA logos and names are trademarks (pending or registered or through common law rights) of the CPMA. You agree not to display or use these trademarks in any manner without the CPMA’s prior written consent. The section titles of this Terms of Service Agreement are displayed for convenience only and have no legal effect. Please send any questions or comments, or report violations of this Terms of Service Agreement to info@canadianparking.ca.