Terms of Use

Updated: January 28, 2019

This Terms of Use Agreement (“Agreement”) is made between you and At PAR, Inc. (“PAR”) and governs the terms of use of the website located at www.PARNorthAmerica.com and any services, content or functionality available through or on the website and any PAR mobile applications (collectively, the “PAR Services”).  The terms in this Agreement are in addition to PAR’s Privacy Policy, and any other separate terms and conditions from PAR which govern access to www.PARNorthAmerica.com.  PAR is concerned about your privacy and has developed a Privacy Policy to address how we collect and use the content and information generated by users of the PAR Services.  By accessing the PAR Services, you also acknowledge and agree with the terms and principles of the Privacy Policy and consent to the use of your personal information as described therein.

PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING THE PAR SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT. THE TERMS AND CONDITIONS HEREIN ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THIS AGREEMENT AND POSTED TO THE PAR SERVICES FROM TIME TO TIME.  IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT ACCESS THE PAR SERVICES.

Ownership of Service Content, Copyrights and Trademarks:

All content on the PAR Services, including, but not limited to, all photos, images, videos, text, data and data compilations, graphics, works of authorship, software, design, logos and button icons (collectively, “Service Content”); any improvements or modifications to such Service Content; any derivative works based on any of the foregoing; and the collection, arrangement and assembly of all such Service Content, are the property of PAR, its affiliates, business partners and/or licensors and are protected by United States and international copyright and other intellectual property laws. PAR reserves all right, title and interest in and to its intellectual property.

The mark “Partners in Asset Recovery”, the PAR logo and other marks that may be displayed on the PAR Services are the proprietary service marks or trademarks of PAR or other third parties. PAR’s marks may not be used in connection with any product or service that is not PAR’s, in any manner that is likely to cause confusion among consumers, or to disparage or discredit PAR. All trademarks and service marks not owned by PAR that appear on the PAR Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PAR.

Except as expressly provided herein, nothing in these Terms of Use shall be deemed to grant to you or any other user any license or right in or to any copyright, trademark, trade secret, trade name, company name or other proprietary right of PAR or any other individual or entity. Except as explicitly provided in this Agreement, you may not copy, reproduce, harvest, scrape, manipulate, alter, modify, create derivative works, distribute, republish, upload, post, publicly display, commercially exploit or transmit the Service Content in any way.

Permitted Use and Restrictions:

The PAR Services includes various types of Service Content, as well as links to third party websites or content. You may download, view, copy and print information, materials and any other aspect of the PAR Services (i) solely for your personal, informational purposes; (ii) provided that neither the materials, nor any proprietary notices or disclaimers therein, are modified or altered and (iii) and so long as you do not store any significant portion of, or distribute copies or make derivatives of, Service Content, in any form (including electronic means), without prior written permission from PAR. You agree you will not, in any way, modify, move, add to, delete, manipulate or otherwise tamper with the Service Content, nor will you decompile, reverse engineer, disassemble or unlawfully use the PAR Services or Service Content or portions thereof, nor will you assist any person or entity in any way in these activities.

You agree you will not interfere, in any way, with others’ use of or access to the PAR Services and will not attempt to gain unauthorized access to the computer system of PAR or any other PAR Services user, including any use or attempted use by you of another person’s password and account information. In addition, you agree not to provide to PAR any false information, or to otherwise take any other action in connection with your use of the PAR Services which violates any treaty, law or regulation and to fully comply with all applicable treaties, laws, rules and regulations in your use of the PAR Services.

You agree that you will not use any robot, spider or other automatic device, manual process or application or data mining or extraction tool to access, monitor, copy, mine, extract, screen scrape or use the PAR Services, or any portion thereof. You agree not to take any other action that imposes an unreasonable or disproportionately large load on the PAR Services.

PAR reserves the right to deny access to the PAR Services, or any content or feature provided via the PAR Services, to anyone who violates this Terms of Use or any other applicable terms and conditions of use of the PAR Services or portions thereof or who, in our judgment, interferes with the ability of others to enjoy this PAR Services, or infringes the rights of others or violates and law or regulation.

Use of Service Content:

The Service Content is presented in good faith and for general information only. The Service Content is believed to be correct as of the date presented. However, PAR does not make any representation or warranty as to the completeness or accuracy of any of the Service Content. You assume the entire risk of relying on the Service Content.

The Service Content is supplied on the condition that you or any other person receiving the Service Content will make your or its own determination as to its suitability for any purpose prior to any use of the Service Content. Should you use the Service Content, you agree not to do so in any manner that conflicts with any proprietary and/or intellectual property right, and neither PAR nor any of its related companies makes any representation or warranty, express or implied.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PAR SERVICES AND THEIR SERVICE CONTENT ARE PROVIDED “AS IS” AND NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NO INFRINGEMENT OR OF ANY OTHER NATURE ARE MADE WITH RESPECT TO THE PAR SERVICES, THE SERVICE CONTENT OR ANY PRODUCT OR SERVICE REFERRED TO THEREIN. PAR DOES NOT WARRANT THAT THE PAR SERVICES OR THE SERVICE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PAR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION THAT MAY BE ASSOCIATED WITH USE OF THE PAR SERVICES AND ALL RISKS ASSOCIATED WITH USE OF THE PAR SERVICES AND ANY CONTENT OF THE PAR SERVICES.

Third Party Sites or Services:

The PAR Services may from time-to-time provide links to other web sites that are third party websites and are not maintained by PAR. PAR is not responsible for the content of those third party websites. The inclusion of any link to a website does not represent or imply PAR’s endorsement of the website. Such third party websites may have separate privacy and data collection practices, independent of PAR. PAR has no responsibility or liability for these independent policies, or lack thereof, any actions or omissions of such third party websites or the owners thereof, or any of your actions or omissions when linking to such third party websites from the PAR Services which you do entirely at your own risk. YOU HEREBY RELEASE PAR and its affiliates from any damages that you may incur, and agree not to assert any claims against them, arising from your use of these third-party websites, content or services or from your purchase or use of any third-party provided product or service.

User Content:

Certain features or areas of the PAR Services may allow you to upload certain information or content to the PAR Services, including your resume, videos, comments, suggestions, feedback, and other information, data or materials (collectively, “User Content”). You acknowledge that you are responsible for the User Content you submit through the PAR Services, and that you, and not PAR, will bear full responsibility for each item of User Content, including its legality, reliability, appropriateness, originality and copyright. Except where otherwise expressly provided by PAR or PAR’s applicable privacy policies, all such User Content shall be PROVIDED ON A NON-CONFIDENTIAL BASIS with no obligation on our part to keep such information secret. You retain all rights, title and interest in and to any and all User Content that you provide via the PAR Services. Nonetheless, except as otherwise expressly provided by PAR, you agree that by submitting any User Content to PAR on or through the PAR Services, you hereby grant to PAR a non-exclusive, perpetual, irrevocable, worldwide, unrestricted, sublicenseable, royalty-free right and license to reproduce, modify, adapt, publish, translate, create derivative works based on, distribute, perform, display and/or otherwise use any such User Content in our sole discretion, including incorporating any such User Content in other works in any form, media, or technology now known or hereafter developed, and you warrant that all “moral rights” in uploaded User Content been waived. YOU HEREBY RELEASE PAR from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any User Content.

You agree not to upload on or transmit to or via the PAR Services any User Content which: (i) infringes or otherwise violates any copyright, patent, trademark, trade secret, trade name or other proprietary right; (ii) is defamatory, libelous, harassing, expresses hate, or is unlawfully threatening; (iii) is pornographic, obscene or exploitative of a minor; (iv) contains or embodies a virus, worm, Trojan horse or other contaminating or destructive feature; or (v) otherwise violates any applicable treaty, law, rule or regulation.

PAR does not necessarily endorse, support, sanction, encourage, verify, or agree with any comments, opinions, or statements of third parties as may be displayed on or transmitted via the PAR Services. Any information or material placed on the PAR Services by third parties are the views and responsibility of those who post the statements, and do not necessarily represent the views of PAR. PAR reserves the right to, in its sole discretion to the furthest extent permitted by law, to filter, censor, edit or regulate User Content and other information provided by third parties on the PAR Services.

WAIVER:

PAR AND ITS PARENT, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND/OR LICENSORS (THE “PAR PARTIES”) SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF GOODWILL, WORK STOPPAGE, DATA LOSS, COMPUTER FAILURE OR MALFUNCTION OR LOST PROFITS RESULTING FROM OR CAUSED BY THE PAR SERVICES OR THE SERVICE CONTENT, INCLUDING, WITHOUT LIMITATION, LOSSES RELATED TO THE USE OF OR RELIANCE UPON THE SERVICE CONTENT OR ANY PRODUCT OR SERVICE REFERRED TO IN THE SERVICE CONTENT, FROM YOUR INABILITY TO GAIN ACCESS TO PAR SERVICES, OR FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE, EVEN IF THERE IS NEGLIGENCE AND/OR IF PAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES. IF YOU ARE DISSATISFIED WITH THE PAR SERVICES, THE SERVICE CONTENT, OR WITH ANY OF THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PAR SERVICES. LIMITATION OR EXCLUSION OF WARRANTIES, CONDITIONS AND/OR LIABILITIES FOR SOME TYPES OF DAMAGES MAY NOTE BE PERMITTED IN SOME JURISDICTIONS, IN WHICH CASE SOME OR ALL OF THIS SECTION MAY NOT APPLY TO YOU. IF PERMITTED BY LAW, PAR’S LIABILITY IS LIMITED TO RESUPPLYING THE PAR SERVICE.

INDEMNIFICATION:

YOU AGREE TO INDEMNIFY AND HOLD THE PAR PARTIES HARMLESS FROM AND AGAINST ANY AND ALL DAMAGES, LIABILITIES, ACTIONS, CAUSES OF ACTION, SUITS, CLAIMS, DEMANDS, LOSSES, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, DISBURSEMENTS AND COURT COSTS) INCURRED BY ANY OF THE PAR PARTIES ARISING FROM OR IN CONNECTION WITH (I) YOUR USE OF OR RELIANCE ON THE PAR SERVICES, SERVICE CONTENT OR ANY INFORMATION, WEBSITES, SERVICES OR MATERIALS CONTAINED, DISPLAYED OR AVAILABLE THEREIN, (II) YOUR VIOLATION OF THESE TERMS OF USE; (III) ANY ACTIVITIES RELATING TO ANY ACCOUNT WITH PAR; (IV) ANY USER CONTENT PROVIDED BY YOU TO PAR; AND/OR (V) YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY. THE PAR PARTIES RESERVE THE RIGHT TO ASSUME AT YOUR EXPENSE THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU.

Enforcement:

PAR reserves the right to suspend or terminate access to the PAR Services at any time or delete any Service Content at any time in its discretion. Indirect or attempted violations of these Terms of Use and actual or attempted violations by a third party on your behalf shall be considered violations of these Terms of Use by you. You agree that your access to and use of the PAR Services is subject to this Agreement, as well as all applicable laws, as governed and interpreted pursuant to the laws of the State of Indiana. Jurisdiction for any claims arising under this Agreement or out of your use of the PAR Services and/or Service Content lie exclusively with a court of competent jurisdiction located in Marion County, Indiana, and the federal courts of United States sitting in Indiana, and you irrevocably consent to the jurisdiction of such courts.

Miscellaneous:

You may not assign or otherwise transfer these Terms of Use or any rights or obligations hereunder. PAR’s failure to act on any breach of any provision hereof shall not be construed as a waiver of the enforcement of any provision unless PAR agrees to such waiver in writing.

If any portion of these Terms of Use is deemed unlawful, void or unenforceable, that portion will be deemed severable and will not affect the validity or enforceability of the remaining provisions. These Terms of Use, and other terms and conditions within the PAR Services, set forth the entire understanding between you and PAR with respect to the use of the PAR Services and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and PAR with respect to such subject matter.

The headings contained in these Terms of Use are for convenience of reference only, are not to be considered a part of these Terms of Use, and shall not limit or otherwise affect in any way the meaning or interpretation of these Terms of Use.

The PAR Services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the PAR Services are not available to minors. If you do not qualify, immediately discontinue use the PAR Services.

Any notices or acknowledgements that are specified in these Terms of Use may be made using any contact information provided by you. You specifically consent to receive communications from us electronically via any e-mail address you provide and agree that such electronic communications satisfy any legal requirement that such communications be in writing.

Changes:

PAR may periodically without notice and at its sole discretion, update these Terms of Use. Consequently, you should review the Terms of Use prior to any use of the PAR Services.

Questions and Information:

If you have any questions about this Agreement, you may contact us by sending an email to: parclientrelations@parnorthamerica.com.