User Policy-Terms & Conditions

Acceptance

By using the suite of 1parkplace services, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules, applicable to any 1parkplace service. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions. If a member refuses to be bound by any future provisions, or amendments, to these terms and conditions, the client will have the option to cancel their membership as of the renewal date (see cancellation policy section below).

Account Policy

These Terms and Conditions apply to any, and all 1parkplace agreements, accounts and memberships of any type.  1parkplace may, in its sole discretion, modify, replace, or add to any of the Web Services at any time.  1parkplace will use commercially reasonable efforts to provide prior written notice to all members of system changes, improvements, upgrades and services.

Billing and Renewal Policy

Most of 1parkplaces’ services are offered on a monthly agreement. The initial prices for these products or services will be established in the agreement, signed between 1parkplace and you. 1parkplace reserves the right to change the pricing for the different services and products at any time with 30 days notice. You will be bound by this new pricing, upon renewal of any monthly or annual service, after the 30 day notice period.

It is your, the account holders, responsibility. to provide 1parkplace with a valid credit card number and authorize 1parkplace to charge this account for any products or services provided to you. You agree to keep 1parkplace updated with current credit card information. and provide new credit card information. in the case that your old card is deactivated or has insufficient funds to cover your membership fees.

1parkplace does reserve the right to place your account on hold, deactivate your services, or terminate the agreement if your account falls into arrears. If the member has an outstanding balance at the time of termination or cancellation, this balance must be paid in full.

1parkplace services are billed in advance on a pre-paid basis, and will automatically renew for additional periods of equal length, on a month-to-month or annual basis, depending on your selection. Billing dates take place on business days, and if your month-to-month, or annual anniversary falls on a weekend, our systems will automatically process your payment on the previous business day.

In the event that you wish to dispute any fee 1parkplace has charged against your account, you agree to discuss the issue with 1parkplace in order to resolve the issue.  Evidence of dispute must be supported by an open accounting ticket from 1parkplace customer service.  A ticket is automatically generated by sending an email to [email protected] with the subject line of “Disputing a charge”.

Members will be allowed one declined, refused or cancelled credit card result per year at no charge.  Any subsequent decline, refusal or cancelled charge card will result in a $25.00 service fee to your account, for each subsequent billing event that is declined, refused or returned.  In the event your credit card declines, payment not made within the agreed upon period, or if you file a dispute without first attempting to correct the billing concern with a 1parkplace service member – documented by an open accounting “dispute” ticket- your account will be disabled immediately.  If 1parkplace is hosting a website – the home page will be replaced with an account past due message.

If your account is turned off due non payment, you may be subject to a reconnection fee of $299 when reinstating within the first 30 days.

Accounts not cured (paid in full) within 30 days, will be forwarded to collections department to pursue any and all legal means to collect amounts due to 1parkplace.  Customer will be required to pay all collection fees, legal fees and costs incurred as a result of collection process.  If account is not cured within 30 days may result in all contacts, leads, content or any portion of a customer’s service to be permanently forfeited.

For accounts that pay by check – any  returned checks will result in a $50 additional charge per return and if a customer has more than 3 returned checks in a given year may be subject to pay by certified check or credit card.

Putting an account on temporary hold – “On Ice”

Members who may need a temporary hiatus and want to preserve all account settings, set-up, website, etc. can choose to put their membership “on ice” for up to 1 year. If a member chooses to do this, please contact 1parkplace and request to have your account put “On Ice”.  There is a one time $99 charge for this service.  Your website or back office services will be in “sleep” mode and not publicly accessible during this period.

Cancellations

While we hate to see you go, we understand that things change from time to time and hope that if you are cancelling today, that we have an opportunity to re-earn your business again in the future.   The process is a simple, but it requires you to follow these steps for your own security.  We need to ensure you are you and prevent others from maliciously canceling your account, and also provides the you, and 1parkplace, proper written documentation of your intent to cancel.

1parkplace CAN NOT accept cancellation requests made via voicemail.  Cancellations must be received in writing by either: fax (858) 673-6014, postal mail, or emailing 1parkplace, at [email protected], with the subject line “Please cancel my account”.  If sending an email or FAX be sure to add your phone number and best time to contact you.  A 1parkplace representative is required to verbally contact you as our member to ensure that the account cancellation was not requested by someone other than you, the member. 1parkplace MUST VERBALLY VERIFY your request to cancel.  In cases of sending a fax, please be sure to keep the transmittal confirmation; this will provide the time stamp for having been sent on a specific date and time. Sending a cover sheet, with corresponding sheets will not work as proof of having sent.

Members have the right to cancel their account at the end of their agreement term, with 30 day notice. Services are billed in whole billing periods only. If a member wishes to cancel their account part-way through their billing cycle, they will be charged for the entire billing cycle or balance, of their term per the agreement. Members will not, in any way, be prorated for unused time on their agreement.

Cancellation requests must be received no less than 30 days prior to the end of your billing cycle term. In circumstances where you do not cancel your account prior to the renewal date, you are liable for payment of the entire month on month to month accounts and per year on annual accounts.  Unless 1parkplace billed an account in error,  1parkplace does not provide refunds on subscription amounts .

NOTE: Set-up fees are not refundable.

Once the member has requested to terminate their account, 1parkplace will cease to provide any support to the members’ account, or website once the billing cycle has ended. This includes, but is not limited, to: domain services, technical services and/or customer services. Any links or graphic received from 1parkplace must be immediately removed from the website of the terminated member.  If a cancelled member needs support, support is available at $125 per hour.

Support Policy

Customer support is available to members in good standing via email, live chat, and telephone. Our customer care support hours are as follows:

• Telephone: Monday through Friday 7:00 AM to 6 PM (PST)
• Email: Monday through Friday 7:00 AM to 6 PM (PST)

1parkplace expects you, the member, to have a rudimentary understanding of the manner in which the tools and services purchased from 1parkplace function. The 1parkplace customer support team does not assume any responsibility in teaching or training you in the use of the products and services you purchased. Online training guides and FAQ’s are available to users, free of charge, on the 1parkplace website.

If you or your clients experience technical difficulties, including but not limited to error messages or improper functioning, support will be provided at no charge to you, the member. Any other requests for support, custom work, and training will be billed to the client, based upon the current 1parkplace pricing for such services.

1parkplace Commercial Email (SPAM) Policy

For the protection of all members using the 1parkplace suite of services, 1parkplace is committed to maintaining a SPAM-free environment. Improper and irresponsible uses of the email tools through 1parkplace, can result in the entire population of our members and our tools, being blocked or filtered from sending emails to certain email service providers.

1parkplace stresses that you follow responsible permission based on email marketing standards. You must agree to follow all provisions of the CAN-SPAM, which can be read in entirety here.

1parkplace does not accept responsibility for the consequences of members, whose actions, might have resulted in the blocking or filtering of 1parkplace system emails to email service providers. 1parkplace will monitor the email actions, of users of the system, in the case of SPAM compliance complaints and are authorized to terminate the agreement of members who continue to violate the 1parkplace SPAM policy. If your account is terminated or deactivated due to infringement of the 1parkplace SPAM policy, you may be subject to a $50 reactivation fee.

Accounts canceled due to SPAM, could be billed a clean up fee of $1000.

Access to MLS Service:

1parkplace has established a relationship with your MLS organization to provide Internet Data Exchange – “IDX” – tools to member agents. The data feed that 1parkplace receives as a third party IDX provider, is contingent upon compliance with Broker Reciprocity standards. In order to ensure that 1parkplace continues to have access to IDX data, you agree to comply with any, and all, Broker Reciprocity standards for your respective MLS organization. These standards vary across boards; however, usually contain provisions, including, but not limited to, the following:

• Agent is a member and remains a member, in good standing, of the MLS board through the life of their agreement.
• Agent will not make any modifications to any listings, received from the IDX feed, which are not their own.
• Agent and broker-of-said agent, will provide a signed copy of the IDX agreement for their respective MLS. If agent moves to another company, they will need to provide a new IDX agreement (if applicable) with the new broker signature.
• Agent is responsible for checking with their MLS organization to ensure that their website is compliant with their standards for receiving the IDX data feed.

As a third party IDX vendor, 1parkplace receives all their IDX information from your MLS board. 1parkplace assumes no responsibility for missing listing information, including photos and property details, as our services are reliant upon the information provided to us by the MLS board. 1parkplace is not responsible for the accuracy, completeness, functionality, usability, availability or merchantability of the MLS data services. The use of MLS data services is strictly at your own risk.

Website Vandalism

Please understand that 1parkplace only considers a “hacked” account to be the unauthorized access of an account, resulting from the criminal act of distributing and propagating a key logger, Trojan, or other computer virus. We do not recognize a “hacked” account to be theft, resulting from any sort of account sharing. The integrity, security and interactions on an account, are the sole responsibility of the account owner, and not 1parkplace. Any settings lost in this incident will not be restored. Owners are responsible for maintaining the confidentiality of their passwords and security of their accounts, at all times.

The act of writing and distributing malicious code is a criminal act, one that the police will often investigate. A victim will need to contact his or her local authorities in order to report this activity. Because the actual crime was committed on the user’s system, and not a system owned by 1parkplace, we cannot file the report on behalf of the user.

During the investigation, police will likely need to contact us with a subpoena request to identify and track down the perpetrators. This can only be done by writing or faxing 1parkplace at the contact below:

1parkplace, Inc.
Account Administration Department
10875 Rancho Bernardo Road, Suite 100
San Diego, CA 92150 – 1682

Fax Number: 858-673-6014

Once this information has been received by 1parkplace, we will proceed to review the account history and do our best to pursue the individuals responsible.

Ownership of Services

1parkplace (or its affiliates), is the exclusive owner of the services, and your use of the services does not provide you any right or interest in any of 1parkplace’s intellectual property. This includes, but not limited to: common designs, layouts, content, program code, scripts, database structures, proprietary strategies and processes, and other intellectual property of 1parkplace (or its affiliates). You may copy and reuse content and/or graphics, designed specifically for you, by 1parkplace; however, you need to provide, that all source files for such content, and/or graphics, remain the exclusive property of 1parkplace, and such source files will not be provided to you, or your representatives, for copy, modification or reuse. A 1parkplace copyright mark, logo and hyperlink, will be placed on all publicly accessible web pages included in the services.

Additionally, under no circumstances are you allowed to modify any link that 1parkplace provides to you without express permission from 1parkplace. Any violation of this policy could result in a fine or termination of your 1parkplace services.

Domain Name Registration

1parkplace will register all domain names, for the period originally selected on your order, that you request and you will be the sole owner of your domain name(s). In order to ensure that your domain name remains in your possession, 1parkplace will automatically renew any domains registered on your behalf for $25 per year.  This price includes your domain registration, security service and full management.

In the event that you terminate your services with 1parkplace before the renewal period for your domain to arrive, it is recommended that you take charge of your domain. 1parkplace has no responsibility to track down members who have terminated services with 1parkplace, in order to inform them that their domain name has expired.

Content

Any, and all, services and products provided by 1parkplace, can be used only for legal purposes under all international, federal, provincial and municipal laws. Violations of this, or any other provision of this agreement, can result in a suspension of service, leading to termination or in 1parkplace’s sole discretion, an immediate termination of service. This includes, but is not limited to:

• Infringement of copyright, trademark, patent, trade secret or other intellectual property right
• Display of pornographic material or links on 1parkplace hosted websites
• Racially offensive material, hate material and adult content
• Mail fraud, marketing schemes or fraudulent activities
• Sending of unsolicited email, mail bombs or any virus, transmitted via email

Using any 1parkplace service, or product, for the purpose of participating in any activity dealing with subject matters that are prohibited under applicable law, is prohibited.

Any illegal activity, including adult content, links to adult content web sites, online gambling, spamming or hacking will result in your site being shut down.

1parkplace does not host sites of its competitors or web pages, promoting sites of its competitors.

1parkplace will be the sole arbiter, as to what constitutes a violation of this provision.

Limitations of Liability

1parkplace is not responsible for any failures, delays, or interruptions in the delivery of any content or services contained on the 1parkplace server; also, losses or damages arising from the use of the content or services provided by 1parkplace, and for greater certainty, and without limitation, to the generality of the foregoing:

• 1parkplaces’ liability to the client for actual damages for any cause whatsoever, regardless of the form of action, will be limited to a maximum of the fees paid by the client to 1parkplace for the prior 1 or 12 months, (whichever is appropriate)
• In no event will 1parkplace be liable to the client for any indirect, incidental or consequential damages arising out of the service, or in connection, with the clients’ web site or any other services or products provided to, or by, the client
• 1parkplace, its officers, directors, owners, agents and employees, shall in no way be liable to the client, or anyone else, for any loss or injury resulting from the use of the service or the clients’ web site
• In no event shall 1parkplace be liable for any damages, whatsoever, as the result of notifying any official of potentially illegal content on the web site, providing copies of the clients’ web site to the appropriate officials, or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct
• In no event shall 1parkplace be liable for any damages, whatsoever, as a result of the termination of this agreement.

Indemnification

As a client, you agree not to harm 1parkplace, its reputation, computer systems, programming, and/or other account holders using 1parkplace services. 1parkplace reserves the right to select the computer for the clients’ web site for best performance. If the client breaches this agreement, then 1parkplace has the right to terminate service without any refunds ,of the unused portion, prepaid by the client.

1parkplace does not offer any warranty or guarantee, other than those expressly stated, in these Terms and Conditions.

1parkplace reserves the right to amend our Terms and Conditions at any time.  Notice to existing customers will be made via email and customers will be required to accept modified terms and conditions upon logging in.  System will display an “intercept screen” noting the changed terms before a customer will be able to access their back office account.

Right to Refuse Service

1parkplace reserves the right to refuse services to any client. In the event that a client does not abide by the provisions set out in this agreement, or if 1parkplace deems the client to be a hindrance to 1parkplace, the client will be blacklisted, and 1parkplace will not provide any services to the client in the future. In such an event, 1parkplace may give the client up to 15 (fifteen) calendar days notice to find another provider for their web hosting needs.

We reserve the right to refuse service to anyone, for any reason, not prohibited by law. Also, we reserve the right to terminate service to any customer, for any reason, not prohibited by law.

1parkplace reserves the right to refuse services to any potential client, even before any services have been provided to the client.

Trademarks

1parkplace, iStrategy, its successors, and assignees own, and have the exclusive use, of the 1parkplace and iStrategy service, trademark and logo. Unauthorized use of any 1parkplace or iStrategy service, trademark or logo, is a violation of federal and state trademark laws.

Governing Law

All 1parkplace agreements shall be construed and enforced, in accordance, with the substantive laws of the State of California and the United States of America, without regard to choice-of-law principles.  All actions or proceedings arising in connection with an agreement will be tried and litigated exclusively in the state or federal (if permitted by law and a party elects to file an action in federal court) courts located in San Diego, California.

Attorney’s Fees

In any action brought under an agreement with 1parkplace, the prevailing party will be entitled to recover its actual costs and attorneys’ fees and all other litigation costs, including expert witness fees, and all actual attorneys’ fees and costs incurred in connection with the enforcement of a judgment arising from any action or proceeding.

Severability

If any part of this Agreement is found invalid or unenforceable, that part will be amended to achieve as nearly as possible the same economic effect as the original provisions and the remainder of this Agreement will remain

Contact Information

All notices to 1parkplace, under this agreement, shall be in writing, and delivered via U.S. mail, to:

1parkplace Inc,
Attn: Member Care
10875 Rancho Bernardo Road, Suite 100
San Diego, CA 92150 – 1682

You may also Fax written notices to: (858) 673-6014.

Terms and Conditions updated April 13, 2010