This document outlines the terms on which you may access and use the Canadian Parking Association (“CPA”)’s services. In order to become a CPA 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 CPA’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 CPA reserves the right to modify this document at any time, and without prior notice, by posting amended terms on the CPA’s website. Your continued use of the CPA’s website indicates your acceptance of the amended Terms of Service.

The CPA 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 CPA’s website is governed by the Terms of Service. The CPA 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 CPA 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 CPA may, with or without cause, terminate your CPA 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 CPA benefits (the “Programs and/or Services”) without prior notice. Without limiting the foregoing, the following will lead to a termination by the CPA of a user’s use of the website and programs and services the CPA 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 CPA’s sole discretion and that the CPA shall not be liable to you nor any third-party for any termination of your account (if applicable) or access to the CPA’s website.

USER CONDUCT

You understand and agree not to:

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

In the course of providing you access and services, the CPA 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 CPA 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 CPA’s website, its Programs and/or Services.

MONITORING AND ENFORCEMENT

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

FEES

Fees charged by the CPA 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 CPA 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 CPA 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 CPA 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 CPA’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 CPA 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.

INDEMNIFICATION

By accepting these Terms of Service, you agree to indemnify and otherwise hold harmless the CPA, 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 CPA’s website, Programs and/or Services; ii) unauthorized access to or alteration of your communications with or through the CPA’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 CPA’s website, Programs and/or Services, or forum. Any business transactions or decisions which may arise as a result of the use of the CPA’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 CPA 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 CPA, its users, and the public.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE CPA’S WEBSITE, PROGRAMS AND/OR SERVICES, AND THE FORUM IS AT THE USER’S SOLE RISK. THE CPA’S WEBSITE, PROGRAMS AND/OR SERVICES, AND THE FORUM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE CPA 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 CPA MAKES NO WARRANTY NOR ARE THERE ANY CONDITIONS THAT THE CPA’S WEBSITE, PROGRAMS AND/OR SERVICES, AND THE FORUM WILL MEET YOUR REQUIREMENTS, OR THAT THE CPA’S WEBSITE, PROGRAMS AND/OR SERVICES, AND THE FORUM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES THE CPA MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CPA’S WEBSITE, PROGRAMS AND/OR SERVICES, AND THE FORUM OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE CPA’S WEBSITE, EVENTS, PROGRAMS AND/OR SERVICES, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE CPA 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 CPA’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 CPA MAKES NO WARRANTY REGARDING ANY GOODS, PROGRAMS AND/OR SERVICES PURCHASED OR OBTAINED THROUGH THE CPA’S WEBSITE, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE CPA’S WEBSITE, PROGRAMS AND/OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE CPA OR THROUGH THE CPA’S WEBSITE, PROGRAMS AND/OR SERVICES, OR FORUM SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

THE CPA WILL ATTEMPT IN GOOD FAITH TO RESOLVE ANY TECHNICAL PROBLEMS YOU MAY EXPERIENCE WITH THE CPA’S WEBSITE AND FORUM. IF YOU EXPERIENCE A PROBLEM WITH THE CPA’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 CPA and governs your use of the CPA’s website, its Programs and Services, superseding any prior agreements between you and the CPA.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE CPA 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 CPA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM YOUR USE OR INABILITY TO USE THE CPA’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 CPA’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 CPA, and all transactions between you and the CPA 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 CPA, the CPA logo, and other CPA logos and names are trademarks (pending or registered or through common law rights) of the CPA. You agree not to display or use these trademarks in any manner without the CPA’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.