This privacy policy governs your use of the software CurbStand ("CurbStand") for mobile devices that was created by CurbStand, Inc.
CurbStand is a service for valet parking customers and operators which simplifies the valet parking experience utilizing a software application for mobile devices and tablets. The mobile service and billing platform facilitates payment for valet parking using a billing and payments platform alongside customer service solutions ("CurbStand Services").
User Provided Information
CurbStand will request you provide certain information when you download and register CurbStand. Registration with us is optional. However, please keep in mind that you may not be able to use some of the features offered by CurbStand unless you register with us.
When you register with us and use Curbstand, you may be asked to provide (a) your name, email address, password and; (b) transaction-related information, such as when you make purchases, respond to any offers, or download or use CurbStands from us; (c) information you provide us when you contact us for help; (d) credit card or payment account information for purchase and use of Curbstand and Curbstand Services, and; (e) information you enter into our system when using Curbstand and CurbStand Services, such as contact , vehicle information (auto make, model, year, color, license plate number and note on damages and or condition) and project management information.
We may also use the information you provided us to contact your from time to time to provide you with information and CurbStand and the CurbStand Services, required notices and marketing promotions.
Automatically Collected Information
In addition, CurbStand may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use CurbStand.
When you visit the mobile CurbStand, we may use GPS technology (or other similar technology) to determine your current location in order to determine the city you are located within and display a location map with relevant advertisements.
You Can Control the Sharing of Location Services if your Mobile Device has the capability turn off the sharing of this information.
If you do not want us to use your location for the purposes set forth above, you should turn off the location services for the mobile CurbStand located in your account settings or in your mobile phone settings and/or within the mobile CurbStand.
Yes. We will share your information with third parties only in the ways that are described in this privacy statement.
We may disclose User Provided and Automatically Collected Information: as required by law, such as to comply with a subpoena, or similar legal process; when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request; with our trusted services providers who work on our behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in this privacy statement. In the event that CurbStand is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of this information, as well as any choices you may have regarding this information.
What are my opt-out rights?
You can stop all collection of information by CurbStand easily by uninstalling CurbStand. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile CurbStand marketplace or network. You can also request to opt-out via email, at support@curbstand.com.
Data Retention Policy, Managing Your Information
We will retain User Provided data for as long as you use CurbStand and as required for the operation of CurbStand and the CurbStand Services. We will retain Automatically Collected information as necessary for the operation of CurbStand and the CurbStand Services. If you'd like us to delete User Provided Data that you have provided via CurbStand, please contact us at support@curbstand.com and we will respond in a reasonable time. Please note that some or all of the User Provided Data may be required in order for CurbStand to function properly.
We do not use CurbStand to knowingly solicit data from or market to individuals under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at support@curbstand.com. We will delete such information from our files within a reasonable time. Security We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain.. Please be aware that, although we endeavor provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches. Changes This Privacy Policy may be updated from time to time for any reason. We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy here and informing you via email. You are advised to consult this Privacy Policy regularly for any changes, as continued use is deemed approval of all changes. You can check the history of this policy by clicking here. Your Consent By using CurbStand, you are consenting to our processing of your information as set forth in this Privacy Policy now and as amended by us. "Processing," means using cookies on a computer/hand held device or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in the United States. If you reside outside the United States your information will be transferred, processed and stored there under United States privacy standards. Contact Us If you have any questions regarding privacy while using CurbStand, or have questions about our practices, please contact us via email at support@curbstand.com.
Date of This Privacy Policy: September 29, 2014
CurbStand® is a service provided by CurbStand, INC. a Delaware corporation, ("CurbStand") for valet parking customers and operators which simplifies the valet parking experience utilizing our software application for mobile devices ("CurbStand Software"), to facilitates payment for valet and parking services using a third-party website, and other interactive customer service solutions (collectively the CurbStand Software and the services are referred to as the "CurbStand Services"). These Terms of Service (the "Terms") govern the use of the CurbStand Services and apply to all visitors, registered users, and others who access the CurbStand Services ("Users"). Please read these Terms carefully and contact us if you have any questions. If you do not agree to all the terms and conditions of these Terms, then you may not access the CurbStand Services. By accessing, browsing, and using the CurbStand Services, you agree that you have read, understood, and accept these Terms and our policies contained at www.curbstand.com (incorporated herein by reference and available on the Website), whether or not you are a registered user of the CurbStand Services.
Authority
If you are individual, by agreeing to these Terms, you represent that you are at least 13 years old. Persons who are at least 13 years old but under the age of 18 may only use the CurbStand Services with legal parental or guardian consent. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, you agree that you are fully responsible for the child's use of the CurbStand Services, including all financial charges and legal liability that the child may incur. Children under the age of 13 are not permitted to use the CurbStand Services, and parents or legal guardians may not agree to these Terms on behalf of children under the age of 13. Accordingly, you represent that you are at least 18 years old or older or possess legal or guardian consent, and are fully able and competent to enter into these Terms.
If you are a business entity, by agreeing to these Terms, you represent that you are: (a) duly organized, validly existing, and in good standing under the laws of the jurisdiction of your formation; (b) qualified to transact business and in good standing in each jurisdiction in which you operate; and (c) your employees, officers, representatives, and other agents accessing the CurbStand Services are duly authorized to access the CurbStand Services and legally bind you to these Terms and all transactions conducted under your username(s) and password(s). Use of the CurbStand Services You may only use the CurbStand Services for its intended purpose and solely in accordance with these Terms. Subject to these Terms, CurbStand grants you a limited, non-exclusive, non-transferrable, revocable license to use the CurbStand Services. We may terminate this license at any time for any or no reason. Except for the rights expressly granted herein, CurbStand reserves all other rights and no other rights are granted by implication or otherwise.You may not restrict or inhibit any other person from using or enjoying the CurbStand Services. The CurbStand Services may contain links to other Internet websites and third-party resources, and we may employ third-party technologies in connection with the CurbStand Services that require you to accept such third party's terms. There may be additional fees associated with such third-party resources and technologies. We will provide prior notice of any such fee. CurbStand is not responsible for either the availability of these outside resources or their content, including for any services you may obtain by contacting any person as a result of use of the CurbStand Services or the features hereof. CurbStand may, but is not obligated to, monitor your use of the CurbStand Services.
Creating an Account
Creating an account with us ("Account") gives you access to the CurbStand Services in our sole discretion. We maintain different types of Accounts for different types of Users. You may close your Account at any time by contacting us. We may temporarily suspend or terminate your Account or access to the CurbStand Services for any reason, without notice or liability to you. Upon termination of your use of the CurbStand Services, you will continue to be bound by the terms hereof that by their nature are intended to survive any termination. When you create an Account, you must provide us with accurate and complete information. To ensure that we are able to provide you with notices and information from time to time, you must update us with any change in your Account information. We encourage you to use an Account password that uses a combination of upper and lower case letters, numbers, and symbols. You are solely responsible for the activity that occurs on your Account, and you agree to keep the login and password secure. You must immediately notify us if you suspect your Account credentials have been compromised or you become aware of any unauthorized use of your Account.
CurbStand is constantly working to improve the CurbStand Services. Therefore, we may, without prior notice, modify the CurbStand Services by adding or removing features and functionality to you or Users generally. Any fees which we may charge for access to and use of the CurbStand Services are available on the Website as amended from time to time. You are responsible for all fees charged by your telecommunications provider(s), payment instruments, or any other third-party in connection with your use of the CurbStand Services.
Intellectual Property
The content of the CurbStand Services is protected by law, including, without limitation, United States copyright law, trademark law, and applicable international treaties. Except as expressly provided by these Terms, you may not use, modify, disassemble, decompile, reverse engineer, reproduce, distribute, rent, sell, sublicense, publish, display, download, transmit, or otherwise exploit the content of the CurbStand Services (including the CurbStand Software) in any form by any means without our prior written consent or the consent of our licensors. CurbStand does not grant you any licenses, express or implied, to the intellectual property of CurbStand or its licensors except as expressly stated in these Terms. CurbStand and its third-party licensors or suppliers retain all right, title, and interest in and to the CurbStand Services (including the CurbStand Software).
Curbstand Software
CurbStand provides the CurbStand Software to access the CurbStand Services through a mobile device. To use the CurbStand Software, you must have a compatible mobile device and acceptable mobile carrier service. We do not warrant that the CurbStand Software will be compatible with your mobile device. Standard carrier data charges may apply to your use of the CurbStand Software. You acknowledge that CurbStand may from time to time provide upgrade versions of the CurbStand Software and may automatically electronically upgrade the version of the CurbStand Software that you are using on your mobile device. You consent to such automatic upgrades of the CurbStand Software on your mobile device and agree that these Terms will apply to all such upgrades.
As a User, by referring your friends to request to use CurbStand to receive valet parking services via the web site or App, you may participate in the "Referral Program", which is a loyalty program we offer to our Users. If you choose to participate in the Referral Program, for each friend you refer to CurbStand for which a Qualifying Referral (defined below) is completed, you may be able to receive CurbStand Parking Credits (defined below) (each a "Referral Reward"). "CurbStand Parking Credits" are "points" issued by CurbStand that may be applied as credits toward future purchases made by Users via the Site, Application and Services.
In order to receive a Referral Reward, each of the following requirements must be met (collectively, a "Qualifying Referral"): (i) you must log in to your CurbStand Account on the Site or Application and select the "Free Parking" link; (ii) you must share the link provided with friends via Facebook , Twitter, Email or SMS or by copying and pasting the unique referral link generated via the Services, by sending the unique referral link generated via the Services in an email via the Services to your friends, or by using the other tools provided by CurbStand to share the unique referral link with friends; (iii) a friend who clicks the link on Facebook or otherwise or clicks the link contained in the email must create a CurbStand Account and become a User; and (iv) after becoming a User, the friend must complete a parking services purchase that is not subsequently cancelled.
It is a condition of the Referral Program that you will circulate or share the unique referral link only to your personal friends. You agree not to publish or distribute the link, or cause the link to be published or distributed, on or via methods, platforms and media where you have no reasonable basis for believing that all or most of the readers or recipients are your personal friends. All CurbStand Account creations resulting from a breach of the above will be disregarded for determining eligibility for Qualifying Referral and are not eligible for Referral Rewards.
Satisfaction of a Qualifying Referral and the Referral Reward you receive will be reflected in your CurbStand Account in a commercially reasonable amount of time after the Qualifying Referral has been completed. The Referral Rewards you accrue will be displayed on your CurbStand Free Parking screen. Referral Rewards can be accrued solely by you and you may not earn Referral Rewards by permitting another individual to use your CurbStand Account. Referral Rewards accrued in multiple CurbStand Accounts may not be combined into one CurbStand Account. You may not earn Referral Rewards by creating multiple CurbStand Accounts. By acquiring Referral Rewards, you agree and acknowledge that CurbStand is granting you a limited, revocable license to a digital item, and that Referral Rewards are not your personal property. You may not obtain any cash or money in exchange for Referral Rewards. Except as explicitly provided herein, Referral Rewards are non-transferable. Members are responsible for keeping track of the Referral Rewards in their CurbStand Accounts.
CurbStand may suspend or terminate the Referral Program or your participation in the Referral Program at any time for any reason. CurbStand will not grant any further Referral Rewards after the suspension or termination of the Referral Program or your participation in it, but any Referral Rewards already awarded or received will not be affected by the suspension or termination.
Specific Terms Regarding CurbStand Parking Credits
CurbStand Parking Credits may only be redeemed for confirmed purchases via the Site, Application and Services and after you accrue CurbStand Parking Credits, such CurbStand Parking Credits will be automatically applied to your next confirmed purchase made via the Site, Application and Services. CurbStand Parking Credits are credit only and have no cash value nor can they be refunded or exchanged for cash. You may only redeem CurbStand Parking Credits after the CurbStand Parking Credits are reflected in your CurbStand Account. The scope, variety, and type of services and products that you may obtain by redeeming CurbStand Parking Credits can change at any time.
CurbStand Parking Credits expire three (3) years from the date that any CurbStand Parking Credits are last accrued in your CurbStand Account. CurbStand will notify you at the email address you provided during Account registration within thirty (30) days of when the CurbStand Travel Credits in your CurbStand Account are scheduled to expire. If for some reason you believe that there is a discrepancy regarding your balance of CurbStand Parking Credits, please contact us at support@curbstand.com. CurbStand may require to you to submit additional information in order to make a determination regarding your balance. All decisions regarding your balance will be final and at CurbStand’s sole discretion. You are responsible for any Tax consequences, if any, that may result from your redemption or use of CurbStand Parking Credits.
Without limiting any other terms of these Terms and subject to applicable law, all CurbStand Travel Credits are forfeited if your CurbStand Account is terminated or suspended for any reason, in CurbStand’s sole discretion, or if CurbStand discontinues providing the Site, Application, Services or the Referral Program.
Third Party Services
CurbStand uses a third-party payment processor (the "Payment Processor") to link your credit card account to the CurbStand Software and CurbStand Services. The processing of payments or credits, as applicable, in connection with your use of CurbStand and CurbStand is will be subject to the terms, conditions and privacy policies of the Payment Processor and the credit card issuer in addition to these User Terms. CurbStand is not responsible for any errors by the Payment Processor. You acknowledge and agree that CurbStand is not a party to your payment transaction(s) using the Payment Website. The CurbStand Services may not be used to process a payment that is unrelated to the payment for participating valet parking services. The CurbStand Services may not be used to receive cash advances or to facilitate the purchase of cash equivalents.Except as expressly set forth herein, all payments made using the CurbStand Services are non-refundable to you and are non-reversible by you through the CurbStand Services. You may have additional refund or chargeback rights under your issuer agreement for your payment instrument or applicable law. You should review your periodic statement from the issuer of your payment instrument, which will reflect your payments using the CurbStand Services. You agree to release CurbStand and its employees, officers, directors, and agents from all claims, demands, and damages (actual and consequential) arising out of or in any way connected with a payment dispute using the Payment Processing Services. CurbStand may have arranged for third-party providers to provide products or services to you in connection with the CurbStand Services. In order to use these products or services, you may be required to agree to additional terms and conditions from such third-arty providers and may be subject to additional requirements of such third-party providers. For avoidance of doubt, these third-party provider terms are between you and the applicable third-party provider, not CurbStand. International Use The Service is controlled and operated by CurbStand from within the United States. We make no representations that materials contained within the Service are appropriate or available for use in other locations, and access to the Service from locations where such activity is illegal is prohibited. Those who choose to use the Service from other locations do so at their own initiative and are solely responsible for compliance with all applicable laws.
U.S. Government Restricted Rights
The content of the Service is provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in applicable laws and regulations. Privacy and Security Your privacy and security is important to us. You understand that by using the Service you consent to the collection, use, and disclosure of your personally identifiable information as set forth in our Privacy Policy available on the Website www.curbstand.com, and to have your personally identifiable information collected, used, transferred to, and processed in the United States. While we strive to protect the security of your Account and personally identifiable information, we cannot guarantee that unauthorized third parties will not be able to gain access. You acknowledge that you provide your information at your own risk.
Indemnity
You agree to indemnify and hold harmless CurbStand and its employees, officers, directors, and agents from and against all damages and liabilities (including reasonable attorneys' fees) that arise from a third party's claim arising out of or on account of or resulting from your access to or use of the Service or your breach of these Terms.
Disclaimers
The service is provided to you strictly on an "as is" and "as available" basis. All conditions, representations, and warranties, whether express, implied, statutory, or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are hereby disclaimed to the maximum extent permitted by applicable law. CurbStand does not and cannot control the flow of data to or from Curbstand's network and other portions of the internet, wireless networks and aggregators, or the payment website. Such flow depends in large part on the performance of the internet and wireless services provided or controlled by third parties. At times, actions or inactions of such third parties may impair or disrupt your connections to the internet (including the payment website), wireless services, or portions thereof. CurbStand cannot guarantee that such events will not occur. Accordingly, CurbStand disclaims any and all liability resulting from or related to third-party actions or inactions that impair or disrupt your connections to the internet, wireless services, or portions thereof and therefore the use of the services by you.
Limitation of Liability
The service is provided to you strictly on an "as is" and "as available" basis. All conditions, representations, and warranties, whether express, implied, statutory, or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are hereby disclaimed to the maximum extent permitted by applicable law. CurbStand does not and cannot control the flow of data to or from CurbStand's network and other portions of the internet, wireless networks and aggregators, or the payment website. Such flow depends in large part on the performance of the internet and wireless services provided or controlled by third parties. At times, actions or inactions of such third parties may impair or disrupt your connections to the internet (including the payment website), wireless services, or portions thereof. CurbStand cannot guarantee that such events will not occur. Accordingly, CurbStand disclaims any and all liability resulting from or related to third-party actions or inactions that impair or disrupt your connections to the internet, wireless services, or portions thereof and therefore the use of the services by you.In no event will CurbStand be liable to you or any third party for any indirect, consequential, exemplary, incidental, exemplary, special or punitive damages, including damages or costs incurred as a result of loss of time, savings, property, profits, or goodwill arising from your use of the service, even if CurbStand has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, CurbStand's aggregate liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to $50. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In addition to and without limiting any of the foregoing, CurbStand will have no liability for any failure or delay resulting from any condition beyond its reasonable control, including, without limitation, governmental action or acts of terrorism, earthquake, fire, flood, or other acts of God, labor conditions, power failures and Internet disturbances.
Notices and Modifications
We may provide notices to you as required by applicable law or for marketing or other business purposes via email notice, "push" mobile device notification, written notice, or through the Website. We reserve the right, in our sole discretion, to determine the form and means of providing notices to you, provided that you may opt out of certain notices as set forth in our Privacy Policy available on the Website.
These Terms may be modified by us from time to time by updating and posting a new version on the Website or by otherwise notifying you of the revised Terms. When we modify these Terms, we will update the date at the bottom of these Terms. Your use of the Service after any such change constitutes your unconditional agreement to follow and be bound by these Terms, as modified. For this reason, we encourage you to review these Terms whenever you access or use the Service. If you do not agree to or cannot comply with any of these Terms, do not use the Service.
Term and Termination
These Terms are effective as of the date of your first access or use of the Service and will remain in effect for the duration of your access or use. These Terms will automatically terminate upon your breach of these Terms.
Governing Law
The state or federal courts sitting in Los Angeles County, California will have exclusive jurisdiction and venue over any dispute arising out of these Terms, and you hereby consent to the jurisdiction of such courts.
DMCA Compliance
It is CurbStand's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. In addition, CurbStand will promptly terminate without notice the accounts of Users that are determined by CurbStand to be "repeat infringers." A repeat infringer is a User who has been notified by CurbStand of infringing activity violations more than twice and/or who has had a User Submission removed from the CurbStand Service more than twice.
If you are a copyright owner or an agent thereof, and you believe that any content hosted on any CurbStand Service infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing CurbStand's Designated Copyright Agent with the following information in writing:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the applicable CurbStand Service are covered by a single notification, a representative list of such works on the applicable CurbStand Service;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit CurbStand to locate the material;
4. Information reasonably sufficient to permit CurbStand to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, "I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law."); and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content.").
7. CurbStand's Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:
Attention: Copyright Agent
Curbstand, Inc
8666 Wilshire
Boulevard
Beverly Hills, CA 90211
Email: support@curbstand.com
For clarity, only DMCA notices should go to the CurbStand Designated Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability
General
These Terms may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of these Terms by its express terms. These Terms and the Privacy Policy constitute the entire agreement between you and us relating to the use of the Service and supersede and replace any prior agreement and communication between you and us, except as otherwise set forth herein. These Terms, and any rights or licenses hereunder, may not be transferred or assigned by you, but may be assigned by CurbStand without restriction and without your consent. Any attempted transfer or assignment by you without our prior written consent will be null and void. The invalidity or unenforceability of any provision of these Terms will not affect the validity of these Terms as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of these Terms, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of these Terms. The section headings used herein are for convenience only and will not be given any legal import.