Smorecard End-User License Agreement for Android App
Effective January 31, 2013
This End-User License Agreement ("Agreement" or "EULA") governs your use of the "Smorecard App" ("Software") and Services (described in Section 5) provided by Parkit Markit, LLC, its subsidiaries and contractors ("Parkit Markit") designed to operate on your Android™ operating system provided by Google, Inc. (Your "Android-powered Mobile Device"). The Software is licensed, not sold.

You, the end-user of the Software, acknowledge that the Agreement is entered into by and Parkit Markit and you and not with Google, Inc. or its subsidiaries ("Google"). You also acknowledge that Google has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.

Your use of the Software constitutes your acceptance of the terms of this Agreement, which may be amended from time to time by Parkit Markit. The most recent version of this Agreement shall always be available on the Internet at http://smorecard.com. Parkit Markit reserves the right to change or modify this Agreement or any other Parkit Markit policies related to use of the Software or Services at any time, and at its sole discretion, by posting revisions on the Internet at http://smorecard.com. Continued use of the Software and Services following the posting of these changes or modifications will constitute acceptance of such changes or modifications.
 
1. License.
Subject to the terms of this Agreement, Parkit Markit grants to you a nontransferable, nonexclusive, royalty-free,fully paid, worldwide license (without the right to sublicense) to install and use one copy of the Software, in executable object code format only, solely on your Android-powered Mobile Device.
 
2. License Restrictions.
You agree to the following license restrictions: (a) to use the Software solely for your personal,noncommercial use; (b) to not duplicate, copy or distribute the Software except as necessary to use it on your Android-powered Mobile Device; (c) to not license, sell, rent, lease, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit the Software or make the Software available to any third party; (d) to not copy the written materials accompanying the Software; (e) to not modify, translate, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Software in order to build a similar or competitive product or service; and (f) to preserve all copyright and other proprietary rights notices on the Software and all copies thereof.
 
3. Copyrights and Trademarks.
You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of Parkit Markit and/or its suppliers, and you will not acquire any rights to the Software, except as expressly set forth above. All title and copyrights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the Software), the accompanying printed materials, and any copies of the Software, are owned by Parkit Markit or its suppliers.

This Software is protected by copyright laws, international copyright treaties, other intellectual property laws and treaties.

Android™ are trademarks of Google, Inc., registered in the U.S. and other countries. All other trademarks appearing in the Software, Services or Agreement are the property of their respective owners.
 
4. Updates or Upgrades to the Software.
Parkit Markit is not obligated to provide any updates or upgrades to the Software.
 
5. Services; Third-Party Materials.
  • a. General
    The Software may enable access to Parkit Markit's and Third-Party services and web sites (collectively and individually, "Services").Use of the Services may require Internet access and you accept additional terms of service by making use of these Internet-accessible Services.

    You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the Third Parties' results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. You agree to use the Services at your sole risk and that Parkit Markit shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.You acknowledge that the content you encounter does not necessarily reflect the opinions or policies of Parkit Markit.
    Certain Services may display, include or make available content, data, information, applications or materials from ("Third-Party Materials") or provide links to certain Third-Party web sites. By using the Services, you acknowledge and agree that Parkit Markit is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or web sites. Parkit Markit does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any Third-Party Services, Third-Party Materials or web sites, or for any other materials, products, or services of Third Parties. Third-Party Materials and links to other web sites are provided solely as a convenience to you. Location data provided by any of the Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage.Neither Parkit Markit, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or location data displayed by any of the Services.

    You agree that the Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
    You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Parkit Markit is not in any way responsible for any such use by you, nor for any harassing, threatening,defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the Services.

    In addition, Third-Party Services and Third-Party Materials that may be accessed from, displayed on or linked to from the Android-powered Mobile Device are not available in all languages or in all countries. Parkit Markit makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to, applicable local laws.

    Parkit Markit reserves the right to change, suspend, remove, terminate, or disable access to any Services for any or no reason at any time without notice. In no event will Parkit Markit be liable for the removal of, termination, or disabling of access to any such Services.Parkit Markit may also impose limits on the use of or access to certain Services, in any case, and without notice or liability.

  • b. Smorecard services .
    • i. Scope of Smorecard application
      Smorecard is a Service provided by Parkit Markit to you. This is an advisory application on credit card rewards and returns.The scope is further described as follows.

      • • Parkit Markit currently offers this service for free. Parkit Markit reserves the right to charge a fee for usage of the service in future versions or place advertisements in the product. Parkit Markit also reserves the right to amend or change this agreement from time to time with each update of the application.

      • • Parkit Markit will make its best efforts to maintain accurate information regarding credit card data and reward programs. Parkit Markit does not guarantee the accuracy of this information. Information is subject to change and may not be applicable to some users. In addition, some reward calculations are based on Parkit Markit's estimation of monetary value of reward points and miles. Parkit Markit does not guarantee accuracy of the data and estimates of reward values displayed on the application.The user should contact credit card companies themselves for official information. 

      • • Location information is provided by Foursquare, Inc. Parkit Markit is not responsible for the accuracy of the location information. Information regarding merchant code and category is estimated from Foursquareinformation. Parkit Markit does not guarantee accuracy of this merchant code and category information.

      • • Parkit Markit furnishes its recommendations for informational purposes only and in no event will be responsible losses to you or any third party due to incorrect recommendations, errors, or other unexpected behavior.

      • • Card images and credit card names shown in the application are copyrights of the respective owners. Parkit Markit does not claim copyright for these card names and images.

      • • Parkit Markit is not affiliated with the banks or credit card companies shown in the application.

      • • Parkit Markit may record data from usage of the application for the purposes of improving the application, business development, and to serve advertisements.

      • • The user may not copy, reproduce, distribute, sell, rent, reverse engineer, or decompile the application for any purpose without the express prior written consent from Parkit Markit.

      • • You agree that Parkit Markit is not a financial institution or credit card provider. The content of the application does not consider your personal financial situation. Information provided by the application may not be appropriate to your situation as your situation is unique. Before making decisions,consultation with your trusted financial advisors who are fully aware of your individual situation is recommended.

      • • If any provision of this agreement is found to be in violation, void, or unenforceable of with respect to local law, state law, federal law, or Google Play developer distribution agreement, that shall not affect the validity or enforceability of the remaining provisions of the agreement.

  • ii. Use of Your Personal Information.
    Location Based Information. Parkit Markit does not collect personally identifying location-based data from you through the Software or Smorecard. You agree that Parkit Markit may collect location-based data from you through the Software, and may use this information, as long as it is in a form that does not personally identify you (see Section 19). You will have the ability to utilize social media network location services which inherently share personally identifying location-based data, and are governed by EULAs, Terms & Conditions and Privacy Policies specific to those services.

    International Transfers. Your identifying and non-personally identifying location-based informationcollected through the Software or Smorecardmay be processed in the United States or another country outside the one in which you reside. By using the Software or Smorecard, you agree to any such transfer of information outside of your country.

    Parkit Markit's most current Privacy Policy, available at http://www.smorecard.com/privacy.html, applies to use of the Smorecard,and its terms are made a part of this EULA by this reference.
 
6. No Warranty.
You expressly acknowledge and agree that use of the Software is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, the Software and Services performed or provided by the Software ("Services") are provided "AS IS" and "AS AVAILABLE", with all faults and without warranty of any kind, and Parkit Markit hereby disclaims all warranties and conditions with respect to the Software and Services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose,of accuracy, of quiet enjoyment, and non-infringement of third party rights.

Parkit Markit does not warrant against interference with your enjoyment of the Software, that the functions contained in, or Services performed or provided by, the Software will meet your requirements, that the operation of the Software or Services will be uninterrupted or error-free,or that defects in the Software or Services will be corrected. Parkit Markit assumes no responsibility for any error, omission, interruption, deletion, defect,delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, or any communication. Parkit Markit is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the Parkit Markit Services. Should the Software or Services prove defective, you assume the entire cost of all necessary servicing, repair or correction.

No oral or written information or advice given by Parkit Markit or its authorized representative shall create a warranty.

Under no circumstances shall Parkit Markit be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, from any data posted on or through the Services, or from the conduct of any users of the Services, whether online or offline.

Parkit Markit cannot guarantee and does not promise any specific results from use of the Parkit Markit Services.

Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer,so the above exclusion and limitations may not apply to you.
 
7. Limitation of Liability.
To the extent not prohibited by law, in no event shall Parkit Markit be liable for personal injury, or any incidental, special,indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Software or Services, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if Parkit Markit has been advised of the possibility of such damages. In no event shall Parkit Markit's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount price paid for the Software, if any. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you.
 
8. Indemnification by You.
You agree to indemnify and hold Parkit Markit, its subsidiaries, and affiliates, and their respective officers, agents,partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Software or Services in violation of this Agreement, arising from a breach of this Agreement, any breach in your representations or warranties, or if any data you upload to the Services causes Parkit Markit to be liable to another.
 
9. Export Control.
You may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
 
10. Injunctive Relief
Parkit Markit has the right to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third-party rights.
 
11. Choice of Law, Jurisdiction and Venue.
You agree that any disputes between Parkit Markit and you shall be resolved under the substantive law of the state of Nevada (exclusive of its choice of law provisions). The Convention for the International Sale of Goods shall not apply. You and Parkit Markit agree to submit all disputes to the exclusive jurisdiction of the state and federal courts located in Nevada, USA.If Parkit Markit is successful or prevailed in that proceeding, it shall be entitled to recover reasonable attorneys' fees and other costs incurred, in addition to any other relief to which it may be entitled.
 
12. Third-Party Beneficiary.
Google is a third-party beneficiary to this Agreement. Upon your acceptance of this Agreement, Google will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of this Agreement.
 
13. Section Titles.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
 
14. Non-Waiver.
Parkit Markit's failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
 
15. Severability.
The parties agree that each provision of this Agreement is intended to be construed to be enforceable to the fullest extent possible.If any provision or part of a provision of this Agreement is held to be unlawful, void, or unenforceable, that provision or part of the provision shall be deemed severable from this Agreement and not affect the validity and enforceability of any remaining provisions.
 
16. Assignment.
You may not assign your rights under this Agreement to any third party; Parkit Markit may assign your rights under this Agreement without condition.
 
17. Product Questions, Comments, Claims and Contact Information.
ParkitMarkit, not Google, is responsible for addressing any questions, comments or claims relating to the Software and/or your use of the Software. If you have any comments or questions, please contact Parkit Markit at the following e-mail address: support@parkitmarkit.com./td>
 
18. Termination.
The Software license is effective until terminated by you or ParkitMarkit with or without notice. Your rights under this license will terminate automatically without notice from Parkit Markit if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the Software, and destroy all copies, full or partial, of the Software.
 
19. Consent to Use of Data.
You agree that Parkit Markit may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates,product support and other services to you (if any) related to the Software. Parkit Markit may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
 
20. Agreement.
This Agreement constitutes the entire agreement between you and Parkit Markit regarding the use of the Software and supersedes any prior or contemporaneous understandings and agreements between you and Parkit Markit related to its subject matter.