Terms of Use
Terms of Use
Last Updated: 11/23/2024
Welcome to www.parkguard.com ("Website"), owned and operated by Park Guard, Inc. and Park Guard Risk Purchasing Group, Inc. (collectively, "Park Guard," "we," "our," or "us"). By accessing or using this Website, you agree to these Terms of Use ("Terms"). If you do not agree to these Terms, please do not use this Website.
Acceptance of Terms
By using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. Park Guard reserves the right to update or change these Terms at any time without notice. Your continued use of the Website after any modifications indicate acceptance of the new Terms. It is your responsibility to periodically review these Terms.Eligibility
This Website is intended for use by individuals who are at least 18 years old and are residents of the United States. By using this Website, you affirm that you meet these eligibility requirements.
Accuracy of Information
If you submit any information or file a claim through this Website, you are solely responsible for the accuracy, completeness, and truthfulness of the information provided. Park Guard is not responsible for verifying the accuracy of information submitted by users.
Confidentiality of Login Credentials
If you are provided with login credentials to access any part of this Website, you are responsible for maintaining the confidentiality of these credentials. You agree to notify us immediately if you suspect any unauthorized access or use of your login credentials.
Purpose of Website
This Website is intended solely to provide general information about our insurance-related services for property protection plans in the parking industry. It is not intended to provide specific legal, insurance, or financial advice. Please consult with a licensed professional for advice regarding your specific needs.Disclaimer of Warranties
The information provided on this Website is presented "as is," without any express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Park Guard does not warrant that the information is accurate, complete, error-free, or current, and it assumes no responsibility for any errors or omissions in the content. We make reasonable efforts to update information, but it is your responsibility to verify its accuracy before relying on it. Use of the Website is at your own risk.Intellectual Property Rights
All content, trademarks, logos, and other intellectual property displayed on this Website are the exclusive property of Park Guard, Inc., Park Guard Risk Purchasing Group, Inc., or their respective owners. You may not copy, reproduce, distribute, modify, or create derivative works from any content on this Website without prior written consent from Park Guard.Use of Website
You agree to use this Website strictly for lawful purposes. Unauthorized use of this Website, including but not limited to accessing or attempting to access systems, networks, or data not intended for you, may result in civil or criminal liability. You are strictly prohibited from using the Website to transmit any material that could harm or negatively impact the Website, Park Guard, or any third parties.Limitation of Liability
To the fullest extent permitted by law, Park Guard, its officers, directors, employees, and agents shall not be liable for any direct, indirect, incidental, consequential, punitive, or special damages arising from your use of or inability to use this Website or any content, products, or services provided on or through this Website, regardless of the basis of the claim and even if Park Guard has been advised of the possibility of such damages.Force Majeure
Park Guard shall not be held responsible for any failure or delay in performance caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, power outages, internet failures, strikes, government actions, or other circumstances beyond our control.
Right to Modify, Suspend, or Discontinue
Park Guard reserves the right to modify, suspend, or discontinue this Website, or any part of it, at any time without notice or liability.
Links to Third-Party Sites
This Website may contain links to third-party websites or resources, which are provided solely as a convenience. Park Guard does not endorse or take responsibility for the content, accuracy, practices, or policies of any third-party sites, and linking to them does not imply endorsement or association. Use these links at your own risk.Privacy Policy
Your use of this Website is also governed by our Privacy Policy, which explains how we collect, use, and disclose information from our users. Please review our Privacy Policy carefully for more details.Requests for Documents or Protection Plan Specifics
If you would like to request specific information related to a plan you purchased on a partner website, you may submit a request here.Request Specific Information
Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
Waiver of Rights
Failure by Park Guard to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provisions.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions.Dispute Resolution
Any disputes arising from your use of this Website or these Terms shall be resolved through binding arbitration conducted in Colorado in accordance with the rules of the American Arbitration Association. By using this Website, you waive the right to pursue any claims through a court of law or in a class action.Termination of Use
Park Guard reserves the right to terminate or restrict your access to this Website at any time without notice if you violate these Terms or for any other reason at our sole discretion. Termination of access does not waive any other rights or remedies available to Park Guard under law or equity.Indemnification
You agree to indemnify, defend, and hold harmless Park Guard, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses (including reasonable attorney fees) arising from or in any way related to your use of the Website, your breach of these Terms, or your violation of any law or the rights of a third party.Contact Us
If you have any questions or concerns about these Terms or the Website, please contact us at:
Email: hello@parkguard.com
Surplus Lines Disclosures
Colorado
Surplus lines policy disclosure - "This contract is delivered as a surplus line coverage under the 'Nonadmitted Insurance Act'. The insurer issuing this contract is not licensed in Colorado but is an eligible nonadmitted insurer. There is no protection under the provisions of the 'Colorado Insurance Guaranty Association Act'."
Claims-made disclosure - “This policy is a claims-made policy which provides liability coverage only if a claim is made during the policy period or any applicable extended reporting period.”
Policies on property or operations temporarily or permanently located outside U.S. - “This policy is issued by an insurance company that is not regulated by the Colorado Division of Insurance. The insurance company may not provide claims service and may not be subject to service of process in Colorado. If the insurance company becomes insolvent, insureds or claimants will not be eligible for protection under Colorado insurance law.”
Auto policies not in compliance with basic coverage in § 10-4-620 - "“This policy does not meet the statutory requirements of this State's financial responsibility laws. It does not provide liability coverage for bodily injury and property damage.”