Terms and Conditions
Services: Unless expressly stated otherwise, the services provided by TrueParkings (the “Marketing Services”) are limited to informing users of the location and potential availability of certain parking spots (“Parking Spots”) and facilitating Reservations (as defined below) by displaying Parking Spots, processing Reservations and collecting fees on behalf of Licensors (as defined below). Any fees and/or consideration paid to TrueParkings are paid to TrueParkings in connection with these Marketing Services unless otherwise indicated. To be clear, TrueParkings does not: (i) negotiate terms of licenses or settle disputes between users of the Site; (ii) provide a parking service; (iii) operate a parking lot or other parking facility; (iv) otherwise accept custody of motor vehicles; or (v) provide services other than the Marketing Services (collectively, “Excluded Services”). The Excluded Services are provided by Licensors who are neither our agents nor acting on our behalf and we have no responsibility whatsoever regarding the safety of persons or property in the Parking Spots or any facility where the Parking Spots are located found through use of the Site. We are not responsible for any consequences arising from the Excluded Services, including, without limitation, consequences arising from not being able to park or delays associated with parking, road closures or changing traffic conditions. Although we do not guarantee the availability of a specific Parking Spot, if a booked Parking Spot is unavailable at your time of reservation, we will attempt to locate an alternative Parking Spot, provide you with a refund and/or otherwise resolve any issues in accordance with our standard customer service policies and procedures. The Marketing Services and Site are not intended for use by persons under the age of 16. If you are under 16, you may not use either the Marketing Services or the Site. You agree to comply with all applicable laws when accessing or using our Services, and you may only access or use the Services for lawful purposes.
Licensors; Licensor Terms and Conditions: TrueParkings lists the Parking Spots on the Site and, as such, facilitates the reservation of Parking Spots (“Reservations”) between users of the Site (“Licensees” or “you”), and the independent owners, lessors, managers or operators of the Parking Spots (the “Licensors”). TrueParkings does not establish the prices for Parking Spots, operate Parking Spots, or determine parking availability provided by Licensors. While TrueParkings makes every effort to provide accurate information regarding the Parking Spots listed on the Site, at times such information may become inaccurate and TrueParkings shall not be liable for any such inaccuracy. In all cases, your utilization of a Parking Spot will be governed by Licensor’s customer agreements or policies in place from time to time, including, without limitation, all terms and conditions related to the use of any Parking Spot, any payment terms and conditions and all rules and restrictions imposed by the Licensor on the relevant parking facility and/or Parking Spot, as each may be entered into or effected in accordance with the Licensor’s standard operating procedures (the “Licensor Terms and Conditions”).
By making a Reservation, you agree in all cases to abide by the Licensor’s Terms and Conditions. In connection with our provision of the Services, Licensors may represent and warrant to us that they have full authority to list the Parking Spots for Reservations. We are not responsible for confirming whether any such representation or warranty is true and correct, nor are we responsible if any such representation or warrant becomes inaccurate or incomplete prior to your use of a Parking Spot. In addition, TrueParkings will never be responsible for any agreement or other arrangements between you and any Licensor, regardless of whether such agreement or other arrangements are related to your booking and use of a Parking Spot.
User Accounts: In order to access certain areas of the Site, you will create a user account and login (a “User Account”). You agree that all information which you provide through the Site in connection with creating your User Account or otherwise is current, accurate and complete. You are solely responsible for all activity that occurs with respect to your User Account. You are solely responsible for maintaining the confidentiality of your User Account and keeping the username and password to your User Account secure. You agree to notify us immediately of any security breach or unauthorized use of your User Account. You, and not us, will be liable for any costs, losses, claims or damages that you or any third party incur which are directly or indirectly caused by any use, whether authorized or unauthorized, of your User Account. You agree to never use another party’s User Account without such party’s express written authorization.
Use of Content: The text, images, data, illustrations, files, audio and video clips, designs, documents and other materials and content (collectively, the “Content”) on the Site is our property and may be protected by copyright and other restrictions. Copyrights and other proprietary rights in the Content may also be owned by parties other than us. You may not copy, modify, distribute or otherwise use any of the Content without prior written notice approval.
User Warranty: By downloading, printing, or otherwise using any of the Content, you agree that you will (i) comply with all of these Terms and Conditions, and (ii) not violate our rights or the rights of any other person or entity. We do not warrant that use of any of the Content will not infringe the rights of third parties.
Fees and Payments: You are responsible for all user transaction fees, charges, fees, duties, taxes, and assessments arising out of any Reservation, the use of a Parking Spot, the Marketing Services or the use of the Site. You agree to pay to TrueParkings all fees for (including any overage fees) for TrueParkings provision of the Marketing Services, in accordance with the pricing and payment terms presented to you for such Marketing Services. Where applicable, you will be billed using the billing method you select through your User Account management page. Except as provided in these Terms and Conditions or when required by law, all fees paid by you are non-refundable. TrueParkings may change the fees for any Marketing Services, including any Marketing Services billed pursuant to a Subscription (as defined below), at any time. Except, however, TrueParkings will not change a fee for a Reservation after that Reservation has been processed.
Taxes and Overage Fees: In connection with facilitating your transaction, TrueParkings will charge your credit card for the total reservation price, which includes the amount for the Parking Spots, a fee retained by TrueParkings for providing their services in facilitating the Reservations, and all anticipated applicable taxes. TrueParkings retains a service fee as compensation for facilitating reservations and for providing Marketing Services. The amounts paid to the Licensors in connection with your reservation include all anticipated applicable taxes for the Parking Spots. The Licensors are responsible for remitting applicable taxes to the applicable taxing jurisdictions. TrueParkings is not a vendor collecting and remitting taxes to the applicable taxing authorities nor a co-vendor associated with the vendor with whom TrueParkings reserves its customer’s Parking Spots. If you are required by law to withhold any Taxes from your payments to TrueParkings, you must provide TrueParkings with an official tax receipt or other appropriate documentation to support such payments. Unless otherwise stated, any overage fees incurred by you will be billed in arrears on a monthly basis. Overage fees which remain unpaid for 30 days after being billed are considered overdue. Failure to pay overage fees when due may result in the applicable service being limited, suspended, or terminated (subject to applicable legal requirements), which may result in a loss of your data associated with that service.
Cancellations and Refunds: Reservations purchased through the Site are refundable in accordance with TrueParkings cancellation policy in effect at the time of booking and as more fully described https://trueparkings.com/faq/ (as may be updated by TrueParkings from time to time). The Cancellation request must be received up to 24 hours prior to the reservation start date and time. Cancellation requests originating after the scheduled service date and time start will NOT be honored. All reservation cancellations are subject to a $5.99 Cancellation Fee and 1 Day of parking. Unused parking reservations, whether intentional or not, will NOT be refunded. To cancel your reservation please contact TrueParking’s customer service at 816-296-6075 or by email at email@example.com. You will receive confirmation of your cancellation within 24 hours.
Promotional Marketing Incentives: TrueParkings may from time to time issue promotional marketing incentives in the form of promotional codes, promotional discounts, coupon codes, Referral Credits (as defined below) or other marketing incentives (“Marketing Incentives”). The Marketing Incentives are given for no exchange of value or other consideration and you therefore have no ownership interests or rights in the Marketing Incentives. For this reason, TrueParkings reserves the right to deactivate any Marketing Incentive at any time and for any reason, including, but not limited, to mistake, failure to maintain an updated online account, unauthorized use or suspicion of fraud or abuse of any promotional program or Marketing Incentives. Further, TrueParkings reserves the right to terminate or discontinue any promotional program or other program offering Marketing Incentives at any time.
Reservation Rates: The rate for a Reservation made on the Site may not be combined with any additional coupons, special offers or other promotion when exiting a parking facility after using the Parking Spot pursuant to a Reservation. Special discounts may not be applies after the formation of a Reservation.
Trademarks: Names, titles, trademarks, service marks, and logos (collectively, the “Trademarks”) displayed on the Site are our registered and/or unregistered common law trademarks or those of third parties. Nothing contained in the Site should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the Site without our express written permission or that of the appropriate third party that owns the Trademark. Except as permitted by these Terms and Conditions, any unauthorized use of the Trademarks is prohibited.
Digital Millennium Copyright Agent: For purposes of the Digital Millennium Copyright Act (“DMCA”), we have designated an agent for notices of claimed infringement. If you have any objections governed by the DMCA, please contact the agent listed under the Section entitled “Contact Information” below. We provide this contact information for purposes of the DMCA only and reserve the right to respond to communication that is relevant for this purpose.
FTC Disclosure Policy: The Federal Trade Commission requires us to disclose any relationship we may have with any person or entity that provides something of value in connection with any endorsements made on the Site. No such advertising, sponsorship, paid insertions or other forms of compensation for endorsements are made to us in connection with the Site. We are not compensated to provide an opinion or an endorsement on products, services, websites and various other topics. The views and opinions expressed on the Site are purely our views and opinions or those of the users of the Site who maintain User Accounts (as defined below). If we claim or appear to be an expert on a certain topic or product or service area, we will only endorse such products or services that we believe, based on our expertise, are worthy of such endorsement, and we shall not be compensated for such endorsement.
Links to Third Party Websites and Employee E-Mail Addresses: The Site may contain links to third party websites. The linked sites are not under our control and we are not responsible for the contents of any linked website. These links are provided as a convenience only and shall not be construed as our endorsement of, sponsorship of, or affiliation with a linked website. The Site may also contain links to the e-mail addresses of various employees for purposes of feedback and communication regarding the Site and our products and services. By clicking on a link to an, you leave the Site and enter into a restricted access area which these terms and conditions do not govern. We assume no responsibility or liability with respect to your entering such restricted access areas.
Third Party Solicitations: Providing third parties with links to our Site is prohibited unless you obtain our prior written consent. If you arrive at the Site from a third party link or as a result of any of the prohibited solicitations described in this paragraph below, please note that such link to or solicitation for the Site does not imply a relationship with, or endorsement of, the third party website or its content, purpose, policies or practices. Other than any programs specifically sanctioned by TrueParkings, you agree not to engage in solicitation activities on our behalf for any reason, including activities that refer potential customers to, such as distributing flyers, coupons and other printed promotional materials or their electronic equivalents; engaging in verbal solicitation (e.g., in-person referrals); initiating telephone calls, and sending e-mails. In the case of any programs specifically sanctioned by TrueParkings, you agree to at all times abide by the terms and conditions of such programs.
Administration; APIs; Enterprise Partners. If you are a Site user as part of any group participation, your travel administrator may administer your use of the Site (“Administrator”). The Administrator may have the ability to access and control your User Account. As such, your Administrator may have access to information about your User Account and other information that you provide to the Site, and may input information into the Site and your User Account on your behalf. Your relationship with any Administrator is governed by the terms and conditions of any agreement or policies between yourself and the Administrator, and you agree that by using the Site with an Administrator, we will have no liability for the data, itineraries or other information provided by the Administrator or for any actions, non-actions or omissions of such Administrator. You will be liable and you agree to indemnify us for any actions by your Administrator on your behalf. If you create a Business Profile, you will have the option to designate a Reservation as a business reservation. If you do so, and your organization has a corporate account with us, we may share information about such Reservations with your organization, including Reservation details such as date, time, charge, location and other information that you provide to us. If you change organizations, it is your responsibility to update your Business Profile with the new information. If you participate in an enterprise program and charge a ride to your organization’s billing method or credits, we will provide your organization’s account holder with information about your use of the Site, including Reservation details such as date, time, charge, location and other information that you provide to us.
You may also decide to give third parties access to your information and User Account via application programming interfaces (“API”). Any use by APIs of your information will be governed by the privacy policies and terms of such APIs.
Non-Malicious Use: You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Site in a manner that sends more request messages to the Site’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site, for any commercial solicitation purposes. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content.
TrueParkings reserves the right to grant the operators of public search engines permission to use spiders to copy materials from the Site for any uses which we determine are necessary or desirable for the operation of our business.
PLEASE READ THE BELOW TWO SECTIONS CAREFULLY, AS THEY DESCRIBE HOW WE COLLECT, STORE AND USE YOUR PERSONAL INFORMATION.
Personal Information: TrueParkings may collect and store personal information from you, including, but not limited to, the following information (collectively, together with any other information TrueParkings may collect in relation to your use of the Site, “Personal Information”):
- names, email address, phone number and physical contact information;
- vehicle information such as license plate information, make/model/year of your vehicle;
- depending on the service used, sometimes financial information, such as credit card or bank account numbers;
- Information you submit when creating or using your User Account, including user login and password information;
- the location and IP address from which you access the Site;
- the name of the domain from which you access the internet;
- the type of device, browser and operating system used to access the Site;
- the date and time you access the Site, duration and stop time of such access;
- the information about any person or entity from whom you were referred;
- the pages, files, documents and links that you visit;
- the internet address of the website from which you linked to the Site;
- any other information about your visit to the Site, Reservations you make or your use of the Marketing Services generally; and
- information about you received from Licensors that you interact with as a result of our Marketing Services, or from other third-parties to whom you have previously provided information.
User Submissions: You agree that any information you provide through the Site will be truthful, accurate and complete. You represent and warrant that you own any information provided through the Site or otherwise have appropriate authority to provide any such information through the Site. All information that you submit to us through the Site shall be deemed and remain our property and we may use, for any purpose, any ideas, concepts, know-how or techniques contained in such information. We have no obligations regarding such information or otherwise specifically agreed to in a separate writing or required by law. You acknowledge and agree that you will not provide any information or material to us or the Site that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another person or entity.
Law & Order: We may disclose any of your information (including Personal Information) to third parties if we determine that such disclosure is reasonably necessary to (a) comply with the law; (b) protect any person from death or serious bodily injury; (c) prevent fraud or abuse of TrueParkings or our users; or (d) protect our property rights.
Receiving E-mail: We may, from time to time, send you e-mail about your User Account, orders or pricing changes. We may also send you e-mail with general information or special offers about products and services that may be of interest to you. In most cases, we will give you an opportunity to accept or decline a subscription to promotional e-mails.
Termination: We reserve the right to suspend or terminate your use of the Marketing Services for any reason or no reason at all. In addition, we may suspend or terminate your use of the Marketing Services in the event you violate any provision of these Terms and Conditions or if you use TrueParkings services in a fraudulent manner.
Limited Access: From time to time, the Site may be inaccessible or inoperable for any reason, including equipment malfunctions, Site updates, maintenance and repairs and causes beyond our control or those that are not foreseeable. We make no guarantees with respect to the availability or uptime of the Site, the Content or access to Reservations. We may conduct maintenance on any of the foregoing at any time with or without notice to you. The Marketing Services and Official Website are provided on an as-is and as available basis.
Security: Transmissions over the Internet are never 100% secure or error-free. We take reasonable steps to protect your Personal Information from loss, misuse, and unauthorized access, disclosure, alteration and destruction. TrueParkings may use certain trusted third parties to help us provide, improve, protect, and promote our services. These third parties will access your information only to perform tasks on our behalf and in compliance with these Terms and Conditions.
WARRANTY DISCLAIMERS: THE INFORMATION AND DESCRIPTIONS CONTAINED ON THE SITE ARE NOT INTENDED TO BE COMPLETE DESCRIPTIONS OF ALL TERMS, EXCLUSIONS AND CONDITIONS APPLICABLE TO EVERY PRODUCT OR SERVICE TRUEPARKINGS OFFERS, BUT ARE PROVIDED FOR GENERAL INFORMATIONAL PURPOSES. TRUEPARKINGS MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE CONTENT ON THE SITE IS SUITABLE FOR YOUR NEEDS, IS COMPLETE, TIMELY OR RELIABLE. ALL TEXT, IMAGES AND OTHER CONTENT ON THE SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND/OR NON-INFRINGEMENT. TRUEPARKINGS DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL CODE, OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED.
GENERAL DISCLAIMERS: TRUEPARKINGS ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR (I) ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE SITE, (II) DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THE SITE OR YOUR DOWNLOADING OF ANY TEXT, IMAGES OR OTHER CONTENT FROM THE SITE, OR (III) ANY DAMAGE ARISING IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, OR LINE OR SYSTEM FAILURE.
LIMITATION OF LIABILITY: TRUEPARKINGS, ITS AFFILIATES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES WILL HAVE NO LIABILITY FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT (including damages for missed flights or other connections), CONSEQUENTIAL, COMPENSATORY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES (EVEN IF TRUEPARKINGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RELATING TO THE USE OF, RELIANCE ON OR INABILITY TO USE THE SITE OR THE CONTENT OR MARKETING SERVICES PROVIDED ON OR RECEIVED FROM THE SITE. PLEASE NOTE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE AGGREGATE AMOUNT OF DAMAGES RECOVERABLE AGAINST THE LIABLE PARTY WITH RESPECT TO ANY AND ALL BREACHES, PERFORMANCE, NONPERFORMANCE, ACTS OR OMISSIONS HEREUNDER SHALL NOT EXCEED AN AMOUNT EQUAL TO THE AMOUNTS PAID TO THE COMPANY UNDER THIS AGREEMENT DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE MOST RECENT EVENT (OR IF SUCH EVENT OCCURS IN THE FIRST TWELVE MONTHS OF THE TERM, BASED ON THE APPLICABLE FORECASTS). YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, THE MARKETING SERVICES, INFORMATION, SERVICES AND/OR CONTENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
Remedies: Subject to any limitations of applicable local law and the Licensor Terms and Conditions, and without limiting any other remedies available to the Company at law, in equity, or under these General Website Terms and Conditions, Licensor may remove and ban any vehicle and suspend or terminate your use of the Marketing Services if (1) the vehicle exceeds a reservation without authorization by 10 days; or (2) you fail to remedy a breach of these terms within 10 days of providing notice by mail, through the website, or through a software application.
Indemnity: You agree to indemnify and hold us, our managers, members, officers, employees, agents and representatives harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees and costs, due to or arising out of (i) your use of the Site; (ii) your breach of these Terms and Conditions; (iii) your breach of any Licensor Terms and Conditions; or (iv) your violation of any third party right.
Release: You release us and our manager(s), officers, member(s), employees, agents, representatives and licensors from any and all claims, demands, losses and damages of every kind and nature, whether known or unknown, arising out of or in any way relating to the Site, your use of the Site, other users’ use of the Site and any dispute or defense you have or claim to have against us or one or more users of the Site.
SMS Messaging: Pursuant to authorization granted by you either through your use of one of TrueParkings web-forms, or through the use of the Marketing Services to make Reservations, TrueParkings may use your mobile phone number or similar contact information to send text message(s) via automatic dialing technology. TrueParkings only uses such phone numbers and/or contact information to provide Marketing Services and to facilitate your use of Reservations. For example, TrueParkings may send you a text message containing One Time Password or other information allowing you to access Official Website. Additionally, TrueParkings may send you a text message containing a link to download a copy of its software application, based upon your request via a web form.
California Privacy Rights: Under California’s “Shine the Light” law, California residents who provide personal information in obtaining products or services for personal, family, or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2019 will receive information regarding 2018 sharing activities). To obtain this information in connection with information collected through the Service, please send an email message to firstname.lastname@example.org with “Request for California Privacy Information” in the subject line and in the body of your message. We will provide the requested information to you at your e-mail address in response. TrueParkings does not track its customers over time and across third party websites to provide targeted advertising.
Linked Sites And Third Party Use Of Information: Other websites that you visit, including any such sites linked from or to our Site (such as websites of Licensors), may have separate privacy policies or no policy at all. Other websites may use personal information differently than our policy permits so we strongly encourage you to review the privacy policies of any site before you provide your personal information on the internet or explore such third-party sites. You agree that we are not responsible for unauthorized third-party use of your information.
International Users: TrueParkings is based in the United States of America (“U.S.”), and, regardless of where you use our Site from or otherwise provide information to us, the information may be transferred to and maintained on servers located in the U.S. Please note that any information we obtain about you will be stored in accordance with U.S. privacy laws, regulations and standards, which may not be equivalent to the laws in your country of origin or residence. By using the Site or by providing us with your information, you consent to this collection, transfer, storage, and processing of information to and in the U.S.
Reservation of Rights: We specifically reserve all rights that we do not expressly grant in these Terms and Conditions. Nothing on the Site or in these Terms and Conditions grants any right or license to use any property of any third party.
Feedback Disclaimer: We may use, profit from, disclose, publish, keep secret, or otherwise exploit Feedback (as defined below) without compensating or crediting you or the individual providing such Feedback. “Feedback” refers to any suggestion or idea for improving or otherwise modifying our products or services.
Contact Information: If you wish to contact us regarding (i) information on our products and services, (ii) permission to reproduce or use any Content on the Site, (iii) notices of claimed infringement under the DMCA, or (iv) any other reason, please contact:
11530 NW Prairie View Road,
Kansas City, MO, 66153
Severance and Waiver: You acknowledge and agree that in the event any provision of these Terms and Conditions is held by a court to be invalid, unlawful, or unenforceable, the validity, legality, and/or enforceability of the remaining provisions contained in these Terms and Conditions will not in any way be affected or impaired. Our failure to exercise or enforce any right or provision under these Terms and Conditions will not constitute a waiver of such right or provision by us.
Venue and Choice of Law: These Terms and Conditions are governed by the laws of the State of Kansas, without regard to its conflicts of laws principals. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to these Terms and Conditions or the Site shall be brought in a state court located in Nemaha County, Kansas or the nearest federal court to Nemaha County, Kansas, and you hereby waive any objection to the exclusive jurisdiction of such courts.
Force Majeure: If a Force Majeure Event occurs, the party that is prevented by that Force Majeure Event from performing any one or more obligations under this agreement (the “Nonperforming Party”) will be excused from performing those obligations, on condition that (1) the Nonperforming Party used reasonable efforts to perform those obligations, (2) the Nonperforming Party’s inability to perform those obligations is not due to its failure to take reasonable measures to protect itself against the event or circumstance giving rise to the Force Majeure Event, and (3) the Nonperforming Party notifies the other party of occurrence of that Force Majeure Event, its effect on performance, and how long that party expects it to last. For purposes of this agreement, “Force Majeure Event” means, with respect to a party, any event or circumstance, regardless of whether it was foreseeable, that was not caused by that party and that prevents a party from complying with any of its obligations under this agreement other than an obligation to pay money.
Entire Agreement: You agree that these Terms and Conditions constitute the entire agreement between you and us with respect to your use of the Site. You agree that these Terms and Conditions supersede any other agreements between you and us with respect to your use of the Site.