Last Updated: July 7, 2014

TERMS OF USE

Welcome to SmartValet, our presentation platform and related services (collectively, the “Service”). These Terms of Use govern your use of the Service on our Web site at https://www.smartvaletparking.com, as well as any mobile sites, mobile applications, and other internet points of presence that we make available to you as part of the Service (collectively, the “Site”). “Service,” as used in these Terms of Use, means the Web-based services we make available to users.

By using the Service, you accept these Terms of Use. If you do not agree with any of these Terms of Use, you may not use the Service. As used in these Terms of Use, “we,” “us” or “our” means Notedly Inc.

1. MODIFICATIONS. We reserve the right to modify these Terms of Use by posting an updated version on our Web site from time to time.

2. PRIVACY. Your use of the Service, and our use of any personal information and content you submit to the Service, is governed by our Privacy Policy. The Privacy Policy also governs our collection and use of emails, names and school information from users. We encourage you to review our Privacy Policy to familiarize yourself with our privacy practices.

3. USING THE SERVICE. The Service allows users to interact with valet parking locations or to manage a valet parking location using our technology. To use the Service, you must first create an account on our Site with a unique user name and password. You are responsible for all use of the Service that occurs under your user account.

4. NO LIABILITY FOR YOUR MESSAGE CONTENT. We assume no liability whatsoever for the content of the resource you use at the Service. If you use the Service to present information that could allow someone to determine the location or a identity of a child remove it from the lessons. Notwithstanding the foregoing, we reserve the right to block any resource that we reasonably believe may subject us, our service providers or our users to liability.

5. FEES. Any fees that the Company may charge you for the Application or Service, are due immediately and are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our Application or Service either planned, accidental or intentional, or any reason whatsoever. The Company reserves the right to determine final prevailing pricing - Please note the pricing information published on the website may not reflect the prevailing pricing. The Company, at its sole discretion, make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. The Company may change the fees for our Service or Application, as we deem necessary for our business. We encourage you to check back at our website periodically if you are interested about how we charge for the Service of Application.

6. YOUR OBLIGATIONS WHEN USING THE SERVICE. You agree not to:

7. OUR INTELLECTUAL PROPERTY RIGHTS.

8. LINKS TO THIRD PARTY SITES. We may maintain links from our Service to third party Web sites. We do not evaluate, and we are not responsible for, the content of any such third party Web sites. Your use of any such third party Web site you visit is governed by the Terms of Use and privacy policies of such third party Web site, not by these Terms of Use.

9. TERM AND TERMINATION. The legal agreement formed by these Terms of Use will remain in effect for as long as you use the Service, except that:

10. DISCLAIMER OF WARRANTIES. WE PROVIDE THE SERVICE (AND ANY CONTENT, FEATURES, APPLICATIONS, OR PRODUCTS OFFERED OR MADE AVAILBLE THROUGH THE SERVICE) “AS IS.” WE DO NOT MAKE ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, NOR DO WE GUARANTEE THAT THE SERVICE WILL BE CONTINUOUSLY AVAILABLE OR SECURE. WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH RESPECT TO THE SERVICE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. Certain state laws do not allow limitations on implied warranties; if those laws apply to you, some or all of the disclaimers above may not apply to you, and you may have additional rights.

11. LIMITATION OF LIABILITY. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING UNDER THIS AGREEMENT WILL NOT EXCEED $100 (OR, IF GREATER THAN $100, THE AMOUNT OF FEES YOU HAVE PAID TO US FOR THE SERVICE DURING THE 12 MONTH PERIOD PRECEDING THE APPLICABLE CLAIM). Certain state laws may not allow the exclusion of liability for incidental or consequential damages, so the above limitation may not apply to you, and you may have additional rights.

12. INDEMNIFICATION. You agree to defend, indemnify and hold us harmless from and against any claims, actions, causes of action, or proceedings brought by a third party, and all resulting damages, costs (including reasonable attorney’s fees), expenses, penalties and other liability, that arise out of Your Content or your breach of these Terms of Use.

13. GOVERNING LAW; DISPUTES. These Terms of Use are governed by the laws of the State of California, without regard to its conflict of laws rules. The exclusive venue for any action or dispute arising out of these Terms of Use will be the state and federal courts located in Miami, Florida, and you hereby submit to the personal jurisdiction of those courts.

14. MISCELLANEOUS. These Terms of Use form the entire agreement between you and us with respect to the use of the Service. It supersedes any prior or contemporaneous agreements or communications between us. If we fail to enforce any term of these Terms of Use, it will not be considered a waiver. Any amendment to these Terms of Use must be made in a writing signed by us or made in accordance with Section 1 of these Terms of Use. All of our rights under these Terms of Use are freely assignable by us, including in connection with a merger, acquisition, sale of assets, or by operation of law. These Terms of Use do not confer any right on any third party.



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