PARK SOFTWARE SERVICES AGREEMENT

The services that Park Software Inc. (“we,” “us,” or “Park”) provides to Camp (“you”), on behalf of each of your campground/park operator customers using your services (each of whom shall be referred to as a “Guest”), are subject to the terms and conditions set forth in this Park Software Services Agreement between you and Park (the “Agreement”). You may not use the Services if you do not agree to these terms. Please review them carefully.

By entering into this Agreement, you agree to Park’s policies, including the Privacy Policy available at https://parkwith.us/privacy-policy. (together, the “Policies”. You represent, warrant and covenant that (i) you have all rights, permissions, authorizations and approvals to enter into this Agreement, and (ii) you shall be completely responsible and accountable for Your Guest’s compliance with this Agreement and the associated Policies.

The Services

Description of Services. The services (“Services”) include the ability to list Your Rental Units in the Park Services.
Right to Use. Subject to the terms of this Agreement, and any applicable documentation provided by Park, and payment of all applicable fees, Park grants you a limited, non-exclusive, non-assignable right to access and/or use the Services during the Term of this Agreement solely for your internal business operations. You may allow employees, contractors, representatives, and agents (collectively “Representatives”) to access and use the Services on your behalf, provided that you shall be fully liable for their acts and omissions with respect to their use of the Services and their failure to comply with this Agreement and the associated Policies.
Account Setup. Upon registration for the Services, Park will provide you with credentials (such as a user name and password of your choosing) to access the administrative portal and your account (“Account”). You may determine the administrative user authorized to control your Account and/or controls. You may not give these access credentials to anyone else or allow anyone else to use or access your Account or other protected content. You will be liable for activity occurring under your Account, including without limitation compliance with this Agreement. When registering for your Account, you must provide true, accurate, current, and complete information about yourself, your park, and you must continue to maintain and update the information you have provided so that it remains true, accurate, current, and complete for as long as you continue to use the Services.
Third Party Service Providers. You agree that Park uses a third-party hosting provider to provide you the Services, and that Park shall have no liability related thereto.
Maintenance; Changes to Services. Park expressly reserves the exclusive right to, without prior notice, at any time and from time to time (i) offer new, additional or substitute products and services, and (ii) modify, amend or discontinue offering all or any particular Services. Park will make available to you any updates, patches and bug fixes with respect to the Services as may, from time to time, be developed and made generally available by Park to its clients.
Data Charges. You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.

Use; Booking; Obligations

Booking/Managing Listings. Park offers You the opportunity to share your Rental Units. “Rental Unit” includes, but is not limited to: any form of an accommodation, campsite, tent site, cabin, recreational vehicle rental, boat slip, and any add-on available for rent using Park. When Your accept a booking request, or receive a confirmation, You are entering into a contract directly with the Guest. “Guest” means any prospective customer of Your campground/park. You are also agreeing to pay applicable fees for each booking. Park provides tools that make it easy for you to set up and manage listing of the Rental Units. However, you are solely responsible for keeping the listing information (including calendar availability) and content (like photos) up to date and accurate at all times. You and any property management company, team, business, organization, and/or individual that participates in providing Rental Units is responsible and liable under this Agreement. You acknowledge that providing Rental Units carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the Park Service, or any interaction you have with Guests whether in person or online. You and your Guests are responsible for any booking modifications agreed to via the Service, and agree to pay any additional amounts, fees or taxes associated with any such modifications.
Rental Units; Pricing. You have sole discretion to set the prices for the accommodations and other products and services offered using the Services, subject to the restrictions in Section 2.2. By logging into your Account, you will be able to enter the list of products and services offered to Guests, along with the standard price for each item..
Legal Obligations. You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to Your listing or the Services, which may include without limitation, short-term rentals, zoning or other laws that restrict short-term rentals. Some jurisdictions require that You register Guests who stay at your Rental Units. Some jurisdictions have laws that create tenancy rights for Guests and additional obligations for you. You should check your local rules to learn what rules apply to the Rental Units offered. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations.

Fees

Booking Fees. Park will be entitled to compensation for Rental Unit reservations made by Guests equal to eight percent (8%) of the total amount charged for all Services including all service fees, resort fees, etc. charged to the Guest (but excluding taxes) (the “Booking Fee”). In the event of a cancellation in accordance with your ’s standard cancellation policy, you may request that Park refund any service fees to the Guest.
Cancellations. In general, if a Guest cancels a reservation, the amount paid to You is determined by the cancellation policy that applies to that reservation. You and the applicable Guests are responsible for any booking modifications they agree to make via the Service, and you agree to pay any additional amounts, fees or taxes associated with a booking modification.

Payment Terms

Payment Processing. All fees due under this Order Form shall be paid by the Guest at time of booking, through an embedded payment flow managed by a third-party payment processor. Your Guests will authorize this payment to you via the third-party payment processor. All fees due under this Agreement shall be paid through the third-party payment processor, unless otherwise agreed.
Third Party Payment Processor. Guest transactions will be processed through the third-party payment processor, which will set off the portion of the transaction owed to us as Booking Fees and settle the balance of the funds to you, in accordance with your agreement with such payment processor. You must have a merchant account with an approved third-party payment processor for this feature. If you do not already have a merchant account, you will open one up with one of our approved payment processors when you register for the Services, and your merchant account information (which may include a token provided to you by your payment processor) will be securely saved in your Account and used when processing reservations. This merchant account is controlled by the third-party payment processor (not Park) and will be yours alone; we will not have any access to it except as authorized by you in accordance with this Agreement. For the avoidance of doubt, Park is not a party to any payment transaction and does not at any time take possession of or handle any of your or the Guest’s funds associated with the transaction. You authorize the payment processor to set off the applicable Booking Fees as part of each transaction and remit such amounts directly to us. This authorization will be valid for as long as you owe Booking Fees or any other amounts to Park (including after termination of this Order Form and/or the Agreement).

Your Responsibilities

Representations and Warranties. In addition to the representations, warranties and covenants set forth in the preamble of this Agreement, you represent, warrant, and covenant that: (a) you have all corporate authority to enter into and perform this Agreement; (b) your performance of this Agreement will not violate or conflict with any other agreement to which you are bound; and (c) you will comply with all applicable laws and regulations applicable to your business and to your performance under this Agreement.
Your Accommodations. You are solely responsible for the accommodations, goods, and services that you provide to Guests, including those which are offered through the Services and/or for which you accept reservations using the Services. You represent, warrant, and covenant that you will (a) operate your business; (b) deliver all accommodations, goods, and services purchased by Guests; and (c) handle all customer service requests and disputes by Guests; in a professional manner and in accordance with industry standards and applicable laws, with personnel having appropriate training and expertise. You will maintain all required licenses and permits to operate your business and provide the accommodations, goods, and services, and you will maintain adequate insurance coverage appropriate to your industry. You agree Park is not responsible, and will not be held liable, for any claim or suit arising out of a Guest’s use of your Rental Units, including for injury, discrimination, or any other harm.
Your Policies. You will clearly communicate your policies to Park and Guests in writing, including without limitation any cancellation and refund policies and policies regarding use of any personal information you collect, and you will provide prompt written notification in the event of any updates to such policies. You agree that all such policies (including without limitation any cancellation and refund policies and policies regarding use of any personal information collected) will be reasonable and consistent with industry standards and applicable laws. You will obtain any consents necessary from Guests or any other person relating to the collection, use, processing, transfer and disclosure of personal information, including transfer to Park as necessary to use the Services.
Account Security. You are solely responsible for your and your users’ use of the Services, Account, and the access credentials. You agree to make every reasonable effort to prevent unauthorized third parties from accessing the Services and shall promptly notify Park of any such unauthorized use. You agree that Park will be entitled to rely on all information it receives from your Account and may assume that all such information was transmitted by you or on your behalf with your authorization. You will be solely liable for any unauthorized access or misuse of the Account or Services or the access credentials, and you shall hold Park harmless from any losses or damages caused by such unauthorized access or misuse.

Taxes. The Parties are solely responsible for any state, local, federal, and foreign taxes or duties imposed in connection with this Agreement, the Services, and any associated transactions.

Review of Statements; Disputes. The Parties will promptly review all statements and notify the other Party in writing of any errors (including without limitation any error in the calculation of the Booking Fees billed or charged) within thirty (30) days of receiving such statements. If a Party claims that any statement or charge is in error, it must provide written notice to the other Party within such period detailing the disputed amount and the reasons and calculations behind such dispute. All statements, charges, and amounts will be deemed correct, and all claims and disputes related thereto will be deemed waived, unless such written notice is received by a Party within the required time period.

Intellectual Property

Ownership and Restrictions. The Services and related websites (including without limitation the Park Services), technology, documentation, and other materials contain valuable intellectual property of Park, including patent rights, copyrights, trademarks, service marks, trade dress, and trade secrets. All rights not expressly granted in this Agreement are exclusively reserved to Park. You shall not use or permit use of the Services for any purpose or in any manner that may:

remove or modify any program markings or any notice of Park or its licensors’ proprietary rights;
make the Services or materials resulting from the Services available in any manner to any third party for use in the third party’s business operations (unless such access is expressly permitted for the specific program license or materials from the Services you have acquired);
modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services (the foregoing prohibition includes but is not limited to review of data structures or similar materials produced by programs), or access or use the Services in order to build or support, and/or assist a third party in building or supporting, products or Services competitive to Park;
disclose results of any Services benchmark tests without Park’s prior written consent; or
license, sell, rent, lease, transfer, assign, distribute, display, copy, host, outsource, disclose, or make the Services or related materials available to any third party other than as expressly permitted under the terms of this Agreement.

Your Data. You shall retain all ownership rights in and to the data provided by you that is associated with your Account (“Your Data”), including descriptions, photos, videos, and other content related to Your park and products and services to be used to identify Your park on the Park Services or otherwise used in connection with the Services. Park will take commercially reasonable steps to protect the confidentiality and security of Your Data residing in your Account, in accordance with Park’s Privacy Policy available at https://parkwith.us/privacy-policy and/or the documentation referenced in the applicable Order Form. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and ownership of all of Your Data. By submitting Your Data, you represent and warrant that such content is truthful, accurate, and complete in all respects, that it does not violate the terms of this Agreement, and that you have adequate rights to submit Your Data. You also warrant (or warrant on behalf of the owner of such rights) that all confidentiality and moral rights in Your Data have been waived. Park respects copyright laws and will remove the content of, or deny access to, any user that is found to be uploading infringing content. You shall not use or permit use of the Services, including by uploading, emailing, posting, publishing or otherwise transmitting any material, for any purpose that may:

menace or harass any person or cause damage or injury to any person or property;
involve the publication of any material that is false, defamatory, harassing or obscene;
violate privacy rights or promote bigotry, racism, hatred or harm;
constitute unsolicited bulk e-mail, “junk mail”, “spam” or chain letters;
constitute an infringement of intellectual property or other proprietary rights; or
otherwise violate applicable laws, ordinances or regulations. In addition to any other rights afforded to Park under the Agreement.

Park reserves the right to remove or disable access to any material that violates the foregoing restrictions. Park shall have no liability to you in the event that Park takes such action. You agree to defend and indemnify Park against any claim arising out of a violation of your obligations under this section.
License Grant. You grant us an unrestricted nonexclusive, perpetual, royalty-free, irrevocable, transferable, worldwide right and license to use, reproduce, modify, adapt, translate, display, publish, transmit, and distribute Your Data and any content you provides or submits in any form or medium as necessary to provide the Services to you, Your Guests and for Park’s business purposes, including but not limited to product improvement, benchmarking, and data analysis. Park may de-identify and anonymize Your Data. Such de-identified data shall no longer constitute Your Data or your Confidential Information and Park may use such de- identified data for any lawful purpose. In addition, if you provide us with any feedback or suggestions regarding the Services, you agree that we may use such feedback or suggestions for any purpose and without restriction or obligation of compensation or confidentiality, including without limitation to incorporate such feedback or suggestions into future versions of the Services.
Third-Party Content. The Services may include access to content created, owned, or controlled by third parties (including without limitation links to third-party websites). While we may make these available to you, they are not under our control and we are not responsible for their content, nor do we guaranty their accuracy or availability to you. You may be required to agree to such third parties’ terms and conditions in order to use or access their content or websites. Accordingly, we encourage you to review the terms of use and privacy policies, if any, associated with third-party content or websites.

Confidentiality
In connection with this Agreement, each party may have access to information that is confidential to the other party (“Confidential Information”). Each party will disclose only information that is required for the performance of obligations under the Agreement. Park’s Confidential information includes but is not limited to any information regarding the Services or related technology and documentation, or information regarding Park’s business, financial, or marketing activities. Confidential Information is limited to information which the parties clearly identify as confidential at the time of disclosure. Notwithstanding the foregoing, a party’s Confidential Information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of the other party; (b) was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a third party without restriction on the disclosure; or (d) is independently developed by the other party. Each party will hold the other’s Confidential Information in strict confidence and disclose Confidential Information only to those employees or agents who are required to protect it against unauthorized disclosure in a manner no less protective than under the Agreement. Nothing shall prevent either party from disclosing the terms or pricing under the Agreement in any legal proceeding arising from or in connection with the Agreement or from disclosing Confidential Information to a governmental entity as required by law.

Disclaimer

THE SERVICES ARE PROVIDED ‘AS IS’ AND PARK DOES NOT GUARANTEE THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT PARK WILL CORRECT ALL SERVICES ERRORS. YOU ACKNOWLEDGE THAT PARK DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. PARK IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. FOR ANY BREACH OF THE ABOVE WARRANTIES, TO THE EXTENT NOT PROHIBITED BY LAW, THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, TITLE, NONINFRINGEMENT, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability

NEITHER PARTY NOR ANY OF EITHER PARTY’S OWNERS OR AFFILIATES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE OR PROFITS (EXCLUDING FEES UNDER THIS AGREEMENT), DATA, OR DATA USE. EITHER PARTY’S MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT AND/OR THE APPLICABLE ORDER FORM, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL IN NO EVENT EXCEED, IN THE AGGREGATE, THE LESSER OF 1) THE TOTAL AMOUNTS ACTUALLY PAID TO PARK FOR THE SERVICES UNDER THE ORDER FORM THAT IS THE SUBJECT OF THE CLAIM IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM, OR 2) $1 MILLION. ANY DAMAGE IN YOUR FAVOR AGAINST PARK SHALL BE REDUCED BY ANY REFUND OR CREDIT RECEIVED BY YOU UNDER THIS AGREEMENT AND ANY SUCH REFUND AND CREDIT SHALL APPLY TOWARDS THE LIMITATION OF LIABILITY. For avoidance of doubt, the foregoing limitations shall also limit either party’s indemnification obligation under this Agreement.

Indemnification

By Park. Park will defend you, your directors, officers, employees, and agents, from and against any and all claims, actions, losses, damages, costs, and expenses (including without limitation reasonable attorney cost and litigation fees) based upon or arising out of any claim, suit, or action by a third party (each, a “Claim”), and pay any court-ordered damages and reasonable attorney’s fees, or settlement amount, resulting from such Claim, to the extent 1) the Claims alleges that the Services infringe the third party’s copyrights, and provided that you notify Park in writing of any actual or threatened Claim within thirty (30) days of becoming aware of the Claim. Park shall have no indemnification obligation or liability for any Claim arising in whole or in part from any: (1) third-party products or services; (2) use of the Services in violation of or in a manner inconsistent with the terms of this Agreement or the applicable documentation; (3) modifications to the Services (other than by Park); or (4) use of the Services in combination with any third-party products or services (other than as provided by Park). If the Services are, or in Park’s opinion is likely to become, the subject of a Claim, then Park may: (i) obtain for you the right to continue using the Services; (ii) replace or modify the Services to avoid infringement, if such replacement or modification has substantially the equivalent capabilities as the Services; or (iii) if Park is not able to satisfy either (i) or (ii) after reasonable efforts, discontinue your use of the Services. THIS SECTION SETS FORTH PARK’S SOLE OBLIGATION AND LIABILITY, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO INDEMNIFICATION AND INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS BY PARK.
By You. You will defend, indemnify, and hold harmless Park and its directors, officers, employees, and agents, from and against any and all claims, actions, losses, damages, costs, and expenses (including without limitation reasonable attorney cost and litigation fees) based upon or arising out of any actual or alleged: (i) breach of this Agreement; (ii) use of the Services in any manner inconsistent with this Agreement or the applicable documentation; (iii) violation by you, or your employees, contractors or agents of any applicable law or any rights of a third party; (v) negligence or criminal or willful misconduct by you, or your employees, contractors, or agents. You will further defend, indemnify, and hold harmless Park and its directors, officers, employees, and agents, from and against any and all claims, actions, losses, damages, costs, and expenses (including without limitation reasonable attorney cost and litigation fees) arising out of or related in any way to Your park, accommodations, or other products or services, Your Data, or any materials provided by you in connection with the Services (including with respect to any claim of intellectual property infringement regarding the same).
Process. In each case of defense indemnification by either party: (i) the party seeking indemnification (“Indemnified Party”) shall promptly notify the other party (“Indemnifying Party”) in writing of the existence or threat of the Claim; (ii) the Indemnifying Party shall retain sole control over the defense and/or settlement of the Claim (provided, however, that any settlement that does not release all Claims against the Indemnified Party or requires the Indemnified Party to take any action other than to stop using any infringing items shall require the Indemnified Party’s written consent to such settlement); and (iii) the Indemnified Party shall fully cooperate with and assist the defense of the Claim at the Indemnifying Party’s sole expense.

Term and Termination

Term. This Agreement shall commence upon your acceptance of this agreement and shall continue until cancelled by either of the Parties in accordance with this section.
Termination for Breach. If either you (including without limitation your employees, contractors, or agents) or Park breaches a material term of this Agreement and fails to correct the breach within thirty (30) days of written specification of the breach, then the breaching party is in default and the non-breaching party may terminate the applicable Order Form under which the breach occurred. If Park terminates the Order Form as specified in the preceding sentence, you must immediately upon demand pay all amounts which have accrued prior to such end, as well as all sums remaining unpaid for the Services ordered under the Agreement plus related taxes and expenses within 60 days. If Park terminates the Services under the Indemnification section, you must immediately upon demand pay all amounts remaining unpaid for Services plus related taxes and expenses within 60 days. The non-breaching party may agree in its sole discretion to extend the 30-day cure period for so long as the breaching party continues reasonable efforts to cure the breach. You agree that if you are in default under the Agreement, neither you nor your employees, contractors, or agents may use the Services ordered.
Other Termination by Park. In addition, Park may immediately suspend your password, account, and access to or use of the Services: (i) if you fail to pay Park as required under the Agreement and do not cure within the first ten days of the 30 day cure period; (ii) if you violate any provision of this Agreement; (ii) use of the Services poses a security risk to the Services, Park or any other client of Park; or (iii) use of the Services is or is reasonably likely to adversely and immediately impact the Services. Any suspension by Park of the Services under this paragraph shall not excuse you from your obligation to make payment(s) under the Agreement.
Effect of Termination. Termination for any reason shall not relieve you of your obligation to pay any fees owed under this Agreement as of the date of termination. You agree and acknowledge that Park has no obligation to retain Your Data and that Your Data may be irretrievably deleted following termination.

General

Entire Agreement. You agree that this Agreement, including its schedules, exhibits, attachments (including any Order Form), and any other document which is incorporated by reference (including reference to information contained in a URL or referenced policy), is the complete agreement for the Services ordered by you, and that this Agreement supersedes all prior or contemporaneous agreements or representations, written or oral, regarding the subject matter hereof. Without limiting the foregoing, this Agreement expressly incorporates the Terms of Use provided on the Park website and the Privacy Policy available at https://parkwith.us/privacy-policy.
Amendments. We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Governing Law. This Agreement shall be governed by and interpreted according to the laws of the State of Delaware (without regard to its conflict of law principles), and the parties hereby consent to the exclusive jurisdiction of the state or federal courts in the State of Delaware to adjudicate any dispute arising under or in connection with this Agreement. Any such dispute shall be brought before the Delaware State Court for New Castle County, Delaware, or the United States District Court for the Delaware, Southern Division. The parties hereby waive any objection based on inconvenient forum. The Uniform Computer Information Transactions Act does not apply to this Agreement or orders placed under it.
Relationship of the Parties. Park is an independent contractor and we agree that no partnership, joint venture, or agency relationship exists between the parties, except as otherwise agreed. We each will be responsible for paying our own employees, including employment related taxes and insurance. You shall obtain, at your sole expense, any rights and consents from third parties necessary for Park and its subcontractors to perform the Services under this Agreement. You understand that Park’s business partners, including any third party firms retained by you to provide computer consulting services, are independent of Park and are not Park’s agents. Park is not liable for nor bound by any acts of any such business partner, unless the business partner is providing services as a Park subcontractor on an engagement ordered under this Agreement.
Remedies. Each party agrees that legal remedies may be inadequate to enforce the confidentiality provisions of this Agreement and the provisions of this Agreement protecting intellectual property rights, and that equitable relief, including specific performance and injunctive relief, may be used to enforce such provisions, in addition to any other relief that it may be awarded. Except for actions for nonpayment or breach of Park’s proprietary rights, no action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than two years after the cause of action has accrued. The prevailing party in any litigation between the parties relating to this Agreement will be entitled to recover its reasonable attorneys’ fees and costs, in addition to any other relief that it may be awarded.
Assignment. You agree to notify Park prior to any assignment of this agreement. Any attempt at assignment without such prior notification shall be null and void and of no force and effect, and will constitute a breach of this Agreement. Park may assign this Agreement or delegate its obligations hereunder to any party in its sole discretion. Subject to the foregoing, this Agreement will inure to the benefit of the parties and their respective successors and permitted assigns. You may not give or transfer the programs and/or any services ordered or an interest in them to another individual or entity. If you grant a security interest in the programs and/or any services deliverables, the secured party has no right to use or transfer the programs and/or any services deliverables.
Severability. If any provision of this Agreement is or becomes illegal, invalid, or unenforceable under the law of any jurisdiction, such illegality, invalidity, or unenforceability will not render this Agreement illegal, invalid, or unenforceable as a whole, and such provision will be changed or interpreted so as to best accomplish the objectives of the provision, and the remaining provisions will remain in full force and effect.
Force Majeure. Except for your payment obligations, neither of us shall be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions (including the denial or cancellation of any export or other license); other event outside the reasonable control of the obligated party. We both will use reasonable efforts to mitigate the effect of a force majeure event. If such event continues for more than 30 days, either of us may cancel unperformed Services upon written notice. This section does not excuse either party’s obligation to take reasonable steps to follow its normal disaster recovery procedures or your obligation to pay for the Services.
Notices. If you wish to provide any notice to Park under this Agreement, please promptly send written notice to: Park Software Inc. Attn: 350 Toftrees Ave, Apt 165 State College, PA 16803. Notices to you may be given by means of a general notice on the Park portal for the Services, or may be sent to you by electronic mail to your email address on record in Park’s account information or by written communication sent by first class mail or pre-paid post to your address on record in Park’s account information, the mailing of the same shall constitute delivery.
Customer Reference. You agree that Park may identify you as a recipient of Services and use your logo, pictures of properties in sales presentations, marketing materials and press releases, and to develop a brief customer profile for use by Park on its website for promotional purposes.
Counterparts. The section headings of this Agreement are included solely for convenience of reference and are not to be used to interpret, construe, define, or describe the scope of any aspect of this Agreement. This Agreement will be interpreted in accordance with its terms and without any strict construction in favor of or against either party.
Survival. Sections 2.3, 8.4, 9, 11, 12, 14.3, 14.5 and 14.12 of this Agreement will survive any such termination of this Agreement.
Electronic Signature. Each party agrees that the electronic signatures and/or acceptance, whether digital or encrypted, of the parties are intended to authenticate this writing and to have the same force and effect as manual signatures.