Last modified: April 11, 2014

This Privacy Policy ("Privacy Policy") describes the privacy practices of HAYSTACK MOBILE TECHNOLOGIES, LLC, a New York limited liability company ("Company", "we", "our" or "us"). We respect your privacy and are committed to protecting it through our compliance with this Privacy Policy. This Privacy Policy explains how we collect, use, disclose and transfer the information you provide when you interact with us. Specifically, this Privacy Policy describes the types of information we may collect or that you may provide when you download, install, register with, access or use the [Haystack Mobile App] (the "App") and our practices for collecting, using, maintaining, protecting and disclosing this information.

This Privacy Policy applies to those online services or services related to the App that link to this Privacy Policy ("Related Services"), including, without limitation, information we collect in the App and, in e-mail, text and other electronic communications set through or in connection with the App. This Privacy Policy also tells you how we use tracking technologies, cookies and browsing data we collect from your use of the App or the related online services, the measures we take to protect the security of the information you provide us through the online services, and how you can contact us if you have any questions regarding the online services.

This Privacy Policy DOES NOT apply to (i) information that we collect offline or on any other Company mobile applications or websites, including, without limitation, websites you may access through the App or through our related online services, or (ii) information you provide to or that is collected by any third party. Our websites and apps and these third parties may have their own privacy policies, which we encourage you to read before providing information on or through them.

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, register with or use the App. By downloading, registering with or using the App, you agree to this Privacy Policy. This Privacy Policy may change from time to time. Your continued use of this App after we make changes is deemed to be acceptance of those changes, so please check this Privacy Policy periodically for updates.

Scope and Consent

When you use the App or any Related Services, you are contracting with Company. By using the App or any Related Services, you expressly consent to our collection, use, disclosure, and retention of your personal information as described in this Privacy Policy.

Children under the Age of 13

The App and Related Services are not intended for children under the age of 13. We do not knowingly collect or store personal information from children under 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. We encourage parents and guardians to monitor their child's online activities and to be fully familiar with the online services and tools used by their children.

If you believe or become aware of the fact that we might have any information from or about a child under 13, please contact us at: Haystack Mobile Technologies, LLC, Attn: Chief Executive Officer, 533 South Rose Street, Baltimore, Maryland 21224. We will delete such information from our files within a reasonable time.

Information We Collect and How We Collect It

We collect two main types of information from and about users of the App:

  • Information provided by you; and
  • Information automatically collected by us when you use the App or Related Services.

Below is a description of these two types of information.

Information You Provide to Us.

When you download, register with or use this App, we may ask you provide information the following information:

  • Information that identifies you: This is commonly referred to as "personal information" and includes, for example, your name, postal address, e-mail address, telephone number, your password that you have created and any other information that you provide in registering for or using the App or Related Services.
  • Information that relates to you, but does not identify you: This information includes, for example, your IP address, the App features that you use and the time of your use, and other information about you collected through your usage of the App or Related Services.

You may also provide information to be published or displayed ("Posted") on public areas of the App, websites you access through the App and the website (collectively, "User Contributions"). Your User Contributions are Posted and transmitted to others at your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Automatic Information Collection [And Tracking].

When you download, access and use the App, it may use technology to automatically collect:

  • Usage Details. When you access and use the App, we may automatically collect certain details of your access to and use of the App, including traffic data, location data, logs and other communication data and the resources that you access and use on or through the App.
  • Device Information. We may collect information about your mobile device and internet connection, including, without limitation, the device's unique device identifier, IP address, operating system, browser type, mobile network information and the device's telephone number.
  • Stored Information and Files. The App also may access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts and address book information.
  • Location Information. The App collects real-time information about the location of your device. Location information is used solely to aid parking exchange information in connection with the App. The location of a user approaching another users' parking spot is tracked constantly until the exchange is completed.

If you do not want us to collect this information do not download the App or delete it from your device.

We also may use these technologies to collect information about your activities over time and across third-party websites, apps or other online services (behavioral tracking).

Information Collection And Tracking Technologies

The technologies we use for automatic information collection may include:

  • Cookies (or mobile cookies). A cookie is a small file placed on your smartphone. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your smartphone. However, if you select this setting you may be unable to access certain parts of the App.
  • Web Beacons. Pages of the App and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an e-mail and for other related app statistics (for example, recording the popularity of certain app content and verifying system and server integrity).
  • Parse. We use Parse as the foundation and platform for cloud storage and services.

Third-party Information Collection

When you use the App or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include: advertisers, ad networks and ad servers; analytics companies; your mobile device manufacturer; and your mobile service provider.

These third parties may use tracking technologies to collect information about you when you use the App or Related Services. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

How We Use Your Information

We use the data and information that we collection from you to:

  • provide you with the App, its contents and Related Services, and any other information, products or services that you request from us;
  • fulfill any purpose for which you provide it;
  • send you information about your relationship or transactions with us;
  • develop new products and services;
  • personalize and enhance your experience using the App;
  • respond to your inquiries, requests and comments;
  • allow you to participate in the interactive features of the App or the related services, where you choose to do so;
  • give you notices about your account;
  • compile business data to use for business purposes;
  • assist law enforcement and respond to subpoenas;
  • prevent fraud and abuse of the App and to otherwise protect users and visitors and our business;
  • carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection; and
  • notify you when App updates are available, and of changes to any products or services we offer or provide though it.

The usage information we collect helps us to improve the App and to deliver a better and more personalized experience by enabling us to:

  • estimate our audience size and usage patterns;
  • store information about your preferences, allowing us to customize our App according to your individual interests;
  • speed up your searches; and
  • recognize you when you use the App.

Disclosure of Your Information

We may disclose aggregated information about our users and information that does not identify any individual or device, without restriction.

In addition, we may disclose personal information that we collect or you provide:

  • to our subsidiaries and affiliates;
  • to contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them;
  • to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by Company about the App users is among the assets transferred;
  • to fulfill the purpose for which you provide it. For example, if you give us an e-mail address to use the "e-mail a friend" feature of our Website, we will transmit the contents of that e-mail and your e-mail address to the recipients.
  • for any other purpose disclosed by us when you provide the information.
  • to comply with any court order, law or legal process, including to respond to any government or regulatory request;
  • to enforce our rights arising from any contracts entered into between you and us, including the App End-User License Agreement, terms of sale, and for billing and collection; or
  • if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Company, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Your Choices about Our Collection, Use and Disclosure of Your Information

We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of over your information.

  • Tracking Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies or block the use of other tracking technologies, some parts of the App may then be inaccessible or not function properly.
  • Location Information. You can choose whether or not to allow the App to collect and use real-time information about your device's location through the device's privacy settings. If you block the use of location information some parts of the App may then be inaccessible or not function properly.

We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.

Accessing and Correcting Your Personal Information

You can review and change your personal information by logging into the App and visiting your account profile page.

You may also send us an e-mail at support@haystackmobile.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the App, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other App users. Proper access and use of information provided on the App, including User Contributions, is governed by our Mobile Application End User License Agreement and Terms of Service.

Your California Privacy Rights

California Civil Code Section 1798.83 permits users of the App that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us at:

Haystack Mobile Technologies, LLC
533 South Rose Street
Baltimore, Maryland 21224

For all requests, you must put the statement "Your California Privacy Rights" in the body of your request, as well as your name, street address, city, state, and zip code.  In the body of your request, please provide enough information for us to determine if this applies to you.  You need to attest to the fact that you are a California resident and provide a current California address for our response.  Please note that we will not accept requests via the telephone, email, or by facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions and personal information will be encrypted using SSL technology.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the App. The information you share in public areas may be viewed by any user of the App.

Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through the App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

Changes to Our Privacy Policy

We may update the Privacy Policy from time to time. If we make material changes to how we treat our users' personal information, we will post the new privacy policy on this page with a notice that the Privacy Policy has been updated.

The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring that you periodically visit this Privacy Policy to check for any changes.

Contact Information

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at:

Haystack Mobile Technologies, LLC
533 South Rose Street
Baltimore, Maryland 21224
443-267-7950
support@haystackmobile.com

This Mobile Application End User License Agreement and Terms of Service ("Agreement") is a binding agreement between you ("End User" or "you") and HAYSTACK MOBILE TECHNOLOGIES, LLC, a New York limited liability company ("Company"). This Agreement governs your use of the [Haystack Mobile Application] (including, without limitation, all related documentation, the "Application"), the information services on parking information (the "Parking Information") submitted by third-party users provided to or through the Application (the "Services"), and the content provided through the Application, related to the Services, or both (the "Content").

PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THE APPLICATION, USING THE SERVICES, OR ACCESSING THE CONTENT, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER OR OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT, WHICHEVER IS HIGHER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO AND YOU SHALL NOT USE THE APPLICATION, USE THE SERVICES, OR ACCESS THE CONTENT AND YOU SHALL IMMEDIATELY DELETE THE APPLICATION AND THE CONTENT FROM YOUR MOBILE DEVICE.

  1. License Grant. The Application is licensed, not sold, to you. Subject to the terms of this Agreement and your compliance with its terms, Company grants you, and you accept, a limited, non-exclusive, and non-transferable license (the "License") to:
    1. download, install, and use the Application for your sole, personal use on a mobile device owned or otherwise controlled by you (each your "Mobile Device" and, collectively your "Mobile Devices") strictly in accordance with the Application's documentation; and
    2. access, stream, download, and use on one or more of your Mobile Devices the Content and Services made available in or otherwise accessible through the Application, strictly in accordance with this Agreement.
  2. License Restrictions. As a condition of Company granting the License to you, you shall not:
    1. copy the Application or the Content, except to transfer the Application to your other Mobile Devices or as expressly permitted by the License;
    2. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
    3. reverse engineer, reverse assemble, reverse compile, disassemble, decompile, decode, or otherwise translate, attempt to derive or gain access to the source code of the Application or any part thereof;
    4. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application or the Content, including, without limitation, from any copy thereof;
    5. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, the Content, or any features or functionality of the Application or the Content, to any third party for any reason, including, without limitation, by making the Application available on a network where it is capable of being accessed by multiple devices at the same time; or
    6. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application or the Content.
  3. Application Use and Downloads for Apple iOS Devices. To the extent you download the Application through the Apple App Store or iTunes or use the Application on an Apple-branded product, including, without limitation, an iPhone, iPod-touch, or iPad, the following terms and conditions apply notwithstanding any contrary provisions in this Agreement:
    1. You and Company agree and acknowledge that this Agreement is by and between you and Company and not with Apple.
    2. You will only use the Application in compliance with the "Usage Rules" set forth in the Apple App Store Terms of Service.
    3. You and Company agree and acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
    4. To the extent any warranty cannot be effectively disclaimed pursuant to Section 16 or otherwise, and without otherwise limiting such disclaimer, Company is solely responsible for any product warranties, express or implied, with respect to the Application. To the extent any warranty does so apply, you may notify Apple, and Apple will refund the purchase price for the Application, and that, to the maximum extent permitted by all applicable local, state, federal and international, law, rules, regulation, or orders (collectively, "Applicable Law"), Apple will have no other warranty obligation whatsoever with respect to the Application, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the Application to conform to any applicable warranty.
    5. Without otherwise prejudicing the limitations, disclaimers, and rights set forth in this Agreement that benefit Company, including, without limitation, those set forth in Sections 16, 17, and 18, Company, and not Apple, shall be responsible for any indemnification claims brought by you or any third party relating to the Application, your possession and/or use of the Application, including, but not limited to, (i) product liability claims; (ii) any claim that the Application fails to conform to any requirement under Applicable Law; and (iii) claims arising under consumer protection or similar Applicable Law.
    6. Without otherwise prejudicing the limitations, disclaimers and rights set forth in this Agreement that benefit Company, including, without limitation, those set forth in Sections 16, 17, and 18, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, Company, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
    7. You and Company acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple has the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third- party beneficiary hereof.
  4. Reservation of Rights to Application. You acknowledge and agree that the Application is provided under a license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement under the License.
  5. Nature of the Services.

    YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS NOT SELLING, PROVIDING, FURNISHING, RESELLING, RENTING, ACTING AS A BROKER FOR, OR OTHERWISE PROVIDING YOU PARKING OR ACCESS TO PARKING. COMPANY DOES NOT MANAGE OR PROVIDE YOU WITH ANY PARKING, ANY ACCESS TO PARKING, OR ANY INFORMATION ABOUT PARKING ITSELF. YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS ONLY PROVIDED A PLATFORM FOR SHARING INFORMATION ABOUT PARKING AVAILABILITY FROM OTHER USERS OF THE SERVICE AND HAS NO MEANS OF VERIFYING THE ACCURACY OF SUCH INFORMATION OR CONTROLLING THE ACTIONS OF ITS USERS. YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS NOT A PARTY TO ANY TRANSACTIONS BETWEEN ANY USERS, INCLUDING ANY THAT INVOLVE YOU.

    YOU ACKNOWLEDGE AND AGREE THAT YOU AND EACH USER IS RESPONSIBLE FOR HIS OR HER OWN ACTIONS AND OMISSIONS WHILE USING THE APPLICATION AND/OR THE SERVICES. COMPANY IS NOT SERVING AS ANY BROKER FOR OR IN A PARTY TO ANY AGREEMENT BETWEEN ANY USERS, INCLUDING YOU.

  6. Registration.In order to access certain features of the Application or the Services, you must register and create an account ("Service Account"). In addition, with or without cause, Company, without any liability to you, and without any prior notice, may, at any time and in its sole and absolute discretion (i) terminate your Service Account or (ii) suspend your Service Account. Upon any termination of your Service Account, Company may pay to you any amounts it reasonably believes it owes to you. Upon any termination or suspension of your Service Account, Company has no obligation to return or delete any of your User Contributions (as defined below). These rights shall be in addition to those provided under Section 11(f)(v).
  7. Collection and Use of Your Information.You acknowledge that when you download, install, or use the Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Devices and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing or using the Application or certain of its features or functionality, including, without limitation, payment information in order to purchase Parking Information and the Application may provide you with opportunities to share information about yourself with others. All information Company collects through or in connection with this Application is subject to Company's privacy policy http://haystackmobile.com/terms.html#privacy (the "Privacy Policy"). By downloading, installing, using, providing information to or through this Application, using the Services, viewing the Content, or any combination of the foregoing, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
  8. Geographic Restrictions.The Content and Services are based in the United States and provided for access and use only by persons located in the United States where using and accessing the Application, the Content, and Services is legal. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and only in certain states, cities, and municipalities of the United States. You further acknowledge that access thereto may not be legal by certain persons or in certain jurisdictions.
  9. Updates.
    1. From time-to-time, Company, in its sole and absolute discretion, may develop and provide Application updates, which may include upgrades, bug fixes, patches, and other error corrections and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Depending on your Mobile Device and your Mobile Device settings, when your Mobile Device is connected to the internet:
      1. the Application may automatically download and install all available Updates; or
      2. you may receive notice of or be prompted to download and install available Updates.
    2. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
  10. Third-Party Materials. The Application may display, include, or make available third-party content (including, without limitation, data, information, applications, and other products services and/or materials), or provide links to third-party websites or services ("Third-Party Materials"). You acknowledge and agree that Company is not responsible for Third-Party Materials, including, without limitation, their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Company provides Third-Party Materials solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' own terms and conditions.
  11. User Generated Content.
    1. In Company's sole and absolute discretion, the Application and your usage of the Services may allow you to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Application or the Services. You acknowledge and agree that you are responsible for any and all of your User Contributions and not Company.
    2. Any User Contribution you post on or through the Application or the Services will be considered non-confidential and non-proprietary. By posting any User Contribution on or through the Application or the Services, you grant Company and Company's affiliates and service providers, and each of their respective licensees, successors and assigns the non-exclusive, irrevocable, royalty-free, transferable right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose (subject to the Privacy Policy).
    3. You represent and warrant that:
      1. You own or control all rights in and to the User Contributions and have the right to grant the license granted above to Company and Company's affiliates and service providers and each of their respective licensees, successors, and assigns.
      2. All of your User Contributions do and will comply with this Agreement.
    4. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Company, have full responsibility for such content, including, without limitation, its legality, reliability, accuracy, and appropriateness.
    5. Company is not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Application or the Services.
    6. With respect to User Contributions, Company has the right, but not the obligation, to
      1. remove or refuse to post any User Contributions for any or no reason in Company's sole and absolute discretion;
      2. take any action with respect to any User Contribution that Company deems necessary or appropriate in Company's sole and absolute discretion if Company believes that such User Contribution (1) violates this Agreement, including, without limitation, the Content Standards (defined below), (2) infringes any intellectual property right or other right of any person or entity, (3) threatens the personal safety of the public or users of the Application, Services, or both; (4) could create any liability risk for Company or any third-party providers;
      3. disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including, without limitation, their intellectual property rights or their right to privacy;
      4. take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Application, the Services, or the Content; or
      5. terminate or suspend your access to all or part of the Service Account, Application, the Services, or the Content for any or no reason at all, including, without limitation, any violation of this Agreement.
    7. The following content standards (the "Content Standards") apply to any and all User Contributions posted on or through the Application, the Services, or both. User Contributions must in their entirety comply with all Applicable Law. Without limiting the foregoing, User Contributions must not:
      1. contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
      2. promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
      3. infringe any patent, trademark, trade secret, copyright, or other intellectual property, or other rights of any other person;
      4. violate the legal rights (including, without limitation, the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under Applicable Laws or that otherwise may be in conflict with this Agreement or the Privacy Policy; or
      5. be likely to deceive any person;
      6. promote any illegal activity, or advocate, promote, or assist any unlawful act;
      7. cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
      8. impersonate any person, or misrepresent your identity or affiliation with any person or organization;
      9. involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising not directly related to the Application or the Services and expressly authorized by Company; and
      10. give the impression that your User Contribution emanates from or is endorsed by Company or any other person or entity, if this is not the case.
    8. Copyright Policy – Reporting Claims of Copyright Infringement.
      1. Company takes claims of copyright infringement seriously. Company will respond to notices of alleged copyright infringement that comply with Applicable law. If you believe any materials accessible on, from, or through the Application or the Services infringe your copyright, you may request removal of those materials (or access to them) from the Application by submitting written notification to Company's Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

        • Your physical or electronic signature.
        • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works.
        • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
        • Adequate information by which Company can contact you (including your name, postal address, telephone number and, if available, e-mail address).
        • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
        • A statement that the information in the written notice is accurate.
        • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

        Company's designated Copyright Agent to receive DMCA Notices is:

        Haystack Mobile Technologies, LLC
        Attention: Copyright Agent
        533 South Rose Street
        Baltimore, Maryland 21224
        443-267-7950
        support@haystackmobile.com

      2. Repeat Infringers. It is Company's policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat copyright infringers.
  12. No Endorsement. Company does not endorse any users or any User Contributions, whether they are providing information about parking or otherwise. Even to the extent that this Agreement requires you and other users to provide accurate information, Company does not attempt to confirm and does not confirm the identity of any user of the Services or anything else about the user or the information the user is providing through the Services or the Application.
  13. Financial Terms
    1. Each listing (each a "Listing") of parking information ("Parking Information") from any user providing parking information (each such user an "Information Provider") through the Application and the Services has a price provided under it. This price is the fee the Information Provider charges for the information (the "Information Fee"). The Information Fee for Offer Now real-time offers is set by the market rate as determined by the Application. For Make-Me-Move offers, the User making the offer is responsible for setting the price and the Company has no control over it. Company will charge Information Provider a transaction fee for each Listing leading to a transaction (the "Transaction Fee"). The Transaction Fee is equal to 25% of the Information Fee paid to the Information Provider by any user purchasing the information provided through the Parking Information (each an "Information Seeker"). Company reserves the right, in its sole and absolute discretion, to refund any and all Transaction Fees and Information Fees to any Information Seeker for any reasonable reason. Notwithstanding the foregoing, the Transaction Fee and the Information Fee is otherwise nonrefundable without Company's written consent.
    2. In addition to the Transaction Fee and the Information Fee, Company may charge taxes where applicable or required. Company's collection of any such taxes does not absolve an Information Provider or Information Seeker from any taxes it is otherwise required to pay under Applicable law, including, without limitation, any income taxes that an Information Provider may owe to any international, federal, state, or local authorities for any income generated from any Listings through the sale of Parking Information or otherwise.
    3. You acknowledge and agree, that Company and its affiliates, contractors, and service providers, including, without limitation, each has the right, in its sole and absolute discretion, to obtain a preauthorization from your credit or debit card provider for the Transaction Fee and the Information Fee or charge your credit card or debit card a nominal fee of one dollar or less to verify that you have provided a valid credit or debit card. Company disclaims all liability for any and all fees incurred by you due to charges Company makes for the Transaction Fee and the Information Fee.
    4. Any payment for any Parking Information collected through the use of any third party payment processor is subject to such third party payment processor's terms and conditions.
    5. Neither the collection of any payment for any Parking Information nor the charging of any Transaction Fees or Information Fees causes Company to be a broker for any Information Provider or any other user. Rather, Company only acts in the limited capacity as a paying agent between an Information Provider and an Information Seeker.
    6. In connection with the purchase of any Parking Information you make through any Listing, Company or third-party payment processor will ask you to provide customary billing information including, without limitation, your name, address, billing, address, and credit card or debit card information. You authorize charges to be made using the information you so provide to Company or Company's third-party payment processor.
  14. Term and Termination
    1. The term of Agreement commences the earlier of when you download or use the Application and continues in effect unless and until terminated by you or Company as set forth in this Section 14.
    2. You may terminate this Agreement by deleting the Application and all copies thereof from all of your Mobile Devices. Your later download, re-download, installation, or use, to the extent available, shall reinstate this Agreement as then in effect.
    3. Company may terminate this Agreement at any time without notice, which Company may do in its sole and absolute discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
    4. Upon termination:
      1. all rights granted to you under this Agreement will also terminate; and
      2. you must cease all use of the Application and delete all copies of the Application from all of your Mobile Devices; and
      3. Company may delete your Service Account.
    5. Termination will not limit any of Company's rights or remedies at law or in equity. All limitations, disclaimers, and indemnification rights under this Agreement that benefit Company and its affiliates shall survive termination.
  15. General Compliance and Safety. While using or accessing the Application, the Services, the Content, or any combination thereof or when making any Listing you agree at all times:
    1. to comply with all Applicable Law;
    2. not to operate the Application, access the Content, or use the Services while you are driving or when it is otherwise unsafe for you to access them.
    3. to consult and comply with all Applicable Law relating to parking, traffic, or the use or misuse of parking spaces;
    4. to consult and comply with all Applicable Laws relating to the use of mobile and handheld devices while driving;
    5. not to obstruct traffic or impede anyone from parking in a valid space;
    6. not to reserve or attempt to reserve a parking space, or prevent any vehicle from parking on a public street through your presence in the roadway, the use of hand-signals, or by placing any box, can, crate, handcart, dolly, or any other device, including, without limitation, unauthorized pavement curb or street markings or signs in the roadway;
    7. not to habitually park in a space in front of any building to the detriment of its use by the owner or occupant of any such building;
    8. not to cause disorder or be a public nuisance;
    9. not to threaten, deter, or intimidate any other person in order to prevent them from access or using a parking space;
    10. to act in a safe and responsible manner;
    11. to keep your login credentials for accessing your Service Account or otherwise the Services confidential and not share them with any other person;
    12. not to register any Service Account for any other third party;
    13. not to maintain multiple Service Accounts;
    14. not to impersonate any person or entity;
    15. not to misrepresent yourself or your affiliation to any other entity or other person;
    16. violate any agreement you have with any third party;
    17. submit any Listing with any fraudulent, deceptive, false, misleading, or illegal information;
    18. recruit or otherwise solicit any users of the Services or the Application to use any third-party service, competing or otherwise;
    19. not to harm or misuse or attempt to harm or misuse the Application or the Services;
    20. not, through the use of automated or manual scripts, devices, software, code, or other means or processes access to "scrape" or "crawl" the Application, the Services, or the Content;
    21. not to retrieve data, systematically or otherwise, or the Content through the Services, the Application, or otherwise, in order to compile or assemble through one or more downloads, a database or directory of the Content or other data;
    22. not to display or mirror any of the Content or any other proprietary information without Company's express written consent;
    23. not to use or display Company's trademarks without Company's express written consent;
    24. not to use the Application, the Services, or the Content for any commercial purposes other than those permitted by this Agreement, including, without limitation, to distribute unsolicited email, "spam", or other unsolicited communications;
    25. not to access, use, or tamper with any nonpublic areas of the Application or the servers hosting any Content or by which Company or third parties provide the Services of the Content;
    26. not to probe, scan, or test any backdoors or security vulnerabilities of the Application or the Services; and
    27. do anything in violation of or in furtherance of the violation of the terms of the License or otherwise in violation of this Agreement.
  16. Disclaimer of Warranties. THE APPLICATION, THE SERVICES, AND THE CONTENT ARE PROVIDED TO LICENSEE "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, THE SERVICES, OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, BE ERROR FREE, THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED, OR COMPLY WITH THE LAW OF YOUR JURISDICTION.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

    WITHOUT LIMITATION TO THE FOREGOING, COMPANY EXPLICITLY DISCLAIMS ANY AND ALL WARRANTIES OR ANY RESPONSIBILITIES ABOUT CONTENT OR OTHER INFORMATION, INCLUDING, WITHOUT LIMITATION, THAT SUCH INFORMATION IS ACCURATE OR UP-TO-DATE, SUPPLIED BY OTHER USERS OF THE APPLICATION OR SERVICES OR BY ANY OTHER THIRD PARTY.

  17. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS, AND ASSIGNS, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR MISUSE OF, USE OF, DOWNLOAD OF, INSTALLATION OF, OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:
    1. PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE, OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES
    2. DIRECT DAMAGES IN AMOUNTS THAT TAKEN TOGETHER EXCEED THE TOTAL AMOUNT YOU ACTUALLY PAID FOR THE APPLICATION, OR, IF AND ONLY IF SUCH LIMITATION IS UNENFORCEABLE UNDER APPLICABLE LAW, THE GREATEST OF (I) THE TOTAL AMOUNT YOU ACTUALLY PAID TO COMPANY, (II) US $10.00, OR (III) THE LOWEST LIMIT TO DIRECT DAMAGES ALLOWABLE UNDER APPLICABLE LAW.

    THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, STRICT LIABILITY, BREACH OF WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. COMPANY'S LIABILITY TO YOU IS NOT LIMITED BEYOND WHAT IS PERMITTED BY APPLICABLE LAW.

  18. Indemnification.

    You agree to indemnify, defend, and hold harmless Company and its officers, managers, members, employees, agents, representatives, affiliates, subsidiaries, parents, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including, without limitation, reasonable attorneys' fees, arising from or relating to your use or misuse of the Application, your breach of this Agreement, your negligence, your misconduct, your violation of any rights of any third party, including, without limitation, other users of the Application, or your violation of any Applicable Law. Furthermore, you agree that Company assumes no responsibility for the content you submit or make available through this Application, your compliance with Applicable Law, including, without limitation, traffic laws and parking laws of any applicable jurisdiction.

  19. Export Regulation and Related Compliance.
    1. The Application may be subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule, or regulation. You shall comply with all Applicable Law and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the United States of America.
    2. You represent and warrant that you are not located in a country subject to an embargo from the U.S. Government, or a country that the U.S. Government has designated a "terrorist supporting" country.
    3. You represent and warrant that you are not listed on any U.S. Government list of prohibited or restricted parties.
  20. US Government Rights. The Application is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the United States government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
  21. Data Charges.

    You acknowledge and agree that the use of the Application and the Services may cause you to incur SMS and data charges. You agree that you shall be fully responsible for such charges and shall hold Company and officers, managers, members, employees, agents, representatives, affiliates, subsidiaries, parents, successors, and assigns harmless for such charges.

  22. Severability. If any provision of this Agreement is illegal or unenforceable under Applicable Law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
  23. Governing Law; Jurisdictions; Class Actions. This Agreement is governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule that would cause another jurisdiction's laws to apply. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case with situs in Geneseo, New York and Livingston County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. YOU AGREE THAT YOU WILL ONLY SUBMIT ANY CLAIM AGAINST COMPANY RELATING TO THIS AGREEMENT, THE APPLICATION, THE CONTENT, SERVICES, OR ANY COMBINATION OF THE FOREGOING INDIVIDUALLY AND NOT THROUGH ANY CLASS ACTION.
  24. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
  25. Entire Agreement. This Agreement and the Privacy Policy constitute the entire agreement between you and Company with respect to the Application, the Services, and the Content and your use thereof. This Agreement and the Privacy Policy supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application, the Services, the Content, or your use thereof. Notwithstanding the foregoing, to the extent this Agreement conflicts with the Apple App Store Terms of Service, the Apple App Store Terms of Service shall control.
  26. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any other terms, the terms of this Agreement shall govern.
  27. Assignment. You may not assign this Agreement or delegate any of your duties or obligations under this without the express written consent of Company, which Company may withhold in its sole and absolute discretion. Any assignment or delegation in violation of this Section 27 or this Agreement otherwise is null and void and of no force or effect whatsoever.

Any questions, complaints, or claims with respect to the Application can be made to the following:

Haystack Mobile Technologies, LLC
Attention: Chief Executive Officer
533 South Rose Street
Baltimore, Maryland 21224
443-267-7950
support@haystackmobile.com

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