Terms of Service
Please read these Terms of Service carefully. They contain a binding arbitration provision and a class action waiver in Section 18 that affect your legal rights. By accessing or using the Site you agree to these Terms.
About the Operator of This Site
The Parking Lot Striping Industry Council (“PLSIC”) is a project currently operated by J Thompson Consulting LLC, a Michigan limited liability company (the “Operator,” and, together with PLSIC, referred to in these Terms as “we,” “us,” or “our”). J Thompson Consulting LLC is the legal party to these Terms.
PLSIC, Inc., a Delaware corporation, is in formation. Upon its formation, all rights and obligations of J Thompson Consulting LLC under these Terms will be assigned to PLSIC, Inc. By using the Site, you consent to the assignment of these Terms to PLSIC, Inc. upon its formation, on the same terms and conditions in effect at the time of assignment. We will post notice of the assignment on the Site and, where applicable, by email to registered users. This consent is granted for administrative convenience; it does not modify any other right you have under these Terms, including your right to stop using the Site at any time and your right to opt out of the arbitration provision in Section 18.
1. Acceptance of These Terms
These Terms of Service (the “Terms”) form a binding agreement between you and J Thompson Consulting LLC (referred to, together with its successor PLSIC, Inc., as “we,” “us,” or “our”). They govern your access to and use of parkinglotstriping.org and any subdomains, member portals, online courses, directories, and related services we make available through the Site (collectively, the “Site”).
By accessing or using the Site, creating an account, submitting a form, or otherwise indicating your acceptance, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Site.
2. Eligibility
The Site is intended for business users. By using the Site you represent and warrant that: (a) you are at least 18 years old; (b) you have the legal capacity to enter into a binding agreement; (c) if you are using the Site on behalf of a company or other organization, you are authorized to bind that organization to these Terms, in which case “you” refers to both you individually and the organization; and (d) your use of the Site does not violate any applicable law or regulation.
3. Changes to These Terms
We may revise these Terms from time to time. When we make material changes, we will update the “Last Updated” date at the top of these Terms and, where appropriate, provide additional notice (including by email to registered users or by a prominent notice on the Site). The revised Terms take effect on the date posted. Your continued use of the Site after the effective date constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Site.
4. Relationship to Other PLSIC Agreements
Some PLSIC programs are governed by separate agreements, including without limitation the Member Agreement, the Certified Parking Lot Striper (CPLS) Certification Agreement, the CPLS Trademark License, partner and preferred-vendor agreements, and sponsor agreements (each a “Program Agreement”). If there is any conflict between these Terms and a Program Agreement you have signed, the Program Agreement controls with respect to the subject matter of that agreement.
5. Accounts and Security
Certain portions of the Site require registration. When you create an account you agree to (a) provide accurate and complete information, (b) keep that information current, (c) maintain the confidentiality of your login credentials, and (d) be responsible for all activity that occurs under your account. Notify us promptly if you believe your account has been compromised. We may suspend or terminate accounts that contain inaccurate information or that are used in violation of these Terms.
6. Submissions and User Content
Through the Site you may submit information, messages, business profiles, directory listings, committee comments, questions, feedback, and other content (“User Content”). You represent and warrant that (a) you own or have the necessary rights and permissions to submit the User Content, (b) the User Content does not violate these Terms or any applicable law, (c) the User Content does not infringe any third party’s intellectual property, privacy, publicity, or other rights, and (d) any factual statements in the User Content are true and not misleading.
By submitting User Content you grant us a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to use, reproduce, distribute, publicly display, publicly perform, and create derivative works of the User Content for the limited purpose of operating, improving, and promoting the Site and PLSIC’s programs. You retain ownership of your User Content subject to that license.
You are solely responsible for your User Content. We have the right, but not the obligation, to review, edit, refuse, or remove User Content at any time for any reason, including if we determine that it violates these Terms or is otherwise objectionable.
7. Contractor Directory
If you are a certified contractor, you may be eligible to appear in the PLSIC Contractor Directory. Information shown in the directory is User Content subject to Section 6. You represent and warrant that directory information is accurate, that all credentials represented are currently valid, and that you will promptly update the directory if any such information changes. We do not guarantee the accuracy of directory listings and are not responsible for the performance of any contractor listed in the directory. Users of the directory are responsible for independently verifying qualifications before engaging any contractor.
8. Acceptable Use
You agree not to use the Site or any User Content to:
- Violate any applicable law, regulation, or third-party right
- Submit false, misleading, defamatory, or fraudulent information
- Infringe any intellectual property right or misappropriate any trade secret
- Upload malicious code, interfere with the operation of the Site, or attempt to gain unauthorized access to any portion of the Site
- Scrape, harvest, or otherwise extract the Contractor Directory, member information, or other data in bulk, except through interfaces that we expressly authorize for that purpose
- Use the Site to send unsolicited commercial communications, or to market products or services to our members except as permitted by a Program Agreement
- Impersonate any person or misrepresent your affiliation with any person or organization
- Use the CPLS certification mark, the PLSIC name, or any PLSIC logo in a manner not permitted by Section 10 or by a written license from us
- Use automated means to access the Site in a way that imposes an unreasonable load on our infrastructure
9. Intellectual Property
The Site and all content made available through it, including without limitation text, graphics, logos, photographs, video, software, and compilations of data, and including PLSIC standards documents, research publications, training materials, and CPLS examination content, are owned by us or our licensors and are protected by copyright, trademark, and other intellectual property laws.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for its intended purposes. You may not copy, modify, distribute, sell, lease, reverse-engineer, create derivative works from, or publicly display any portion of the Site except as expressly permitted by us in writing, by a Program Agreement, or by applicable law. Members are entitled to the additional use rights in standards documents and training materials as set forth in the applicable Member Agreement or license.
10. Trademarks and Certification Marks
“PLSIC,” “Parking Lot Striping Industry Council,” “Certified Parking Lot Striper,” “CPLS,” and related logos and designations are trademarks or certification marks used by us to identify the Parking Lot Striping Industry Council. Use of the CPLS certification mark is restricted to currently certified individuals and is governed by the CPLS Trademark License and Certification Agreement. Nothing on the Site conveys any right to use any PLSIC mark except as expressly licensed. Unauthorized use of any PLSIC mark may result in termination of your access to the Site and additional legal consequences.
11. Third-Party Sites and Services
The Site may contain links to third-party websites and services, or integrate third-party services (such as our customer relationship management platform and our payment processor). We are not responsible for the content, products, services, or practices of any third party. Your use of third-party sites and services is subject to their own terms and privacy policies.
12. Fees and Payments
Some portions of the Site, including membership, certification, training courses, and partner or sponsor programs, require payment of fees. Fees, billing terms, and refund policies are specified at the time of purchase or in the applicable Program Agreement. If we begin accepting payments through the Site, payments will be processed by a third-party payment processor (anticipated Stripe, Inc.) and will be subject to that processor’s terms. You authorize us and our payment processor to charge the payment method you provide for all fees you incur. Except where expressly stated, all fees are non-refundable.
13. Disclaimers
The Site and all content available through it are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim all warranties of any kind, whether express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
We make no warranty that the Site will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Site or any server that makes it available is free of viruses or other harmful components.
We make no representation or warranty regarding the accuracy, completeness, or reliability of any content, standards document, directory listing, training material, or research publication made available through the Site, including without limitation any description of regulatory or code compliance. Nothing on the Site constitutes legal, engineering, accounting, or other professional advice. Users are responsible for independently verifying any information relied upon for a specific project or decision.
14. Limitation of Liability
To the fullest extent permitted by law, we and our officers, directors, members, managers, employees, contractors, agents, and affiliates will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or relating to your use of the Site, even if we have been advised of the possibility of such damages.
Our total aggregate liability arising out of or relating to these Terms or your use of the Site will not exceed the greater of (a) the total amount you paid to us during the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).
Some jurisdictions do not allow the exclusion or limitation of certain damages. To the extent such law applies to you, some or all of the above exclusions and limitations may not apply, and you may have additional rights.
15. Indemnification
You agree to defend, indemnify, and hold harmless J Thompson Consulting LLC, its successor PLSIC, Inc., and each of their respective officers, directors, members, managers, employees, contractors, agents, and affiliates from and against any claim, demand, loss, liability, damage, cost, or expense (including reasonable attorneys’ fees) arising out of or relating to (a) your User Content, (b) your use of the Site in violation of these Terms or any applicable law, (c) your violation of any third-party right, including any intellectual property or privacy right, or (d) any misrepresentation made by you through the Site, including misrepresentation of your credentials or certification status.
16. Suspension and Termination
We may suspend or terminate your access to the Site or any portion of it at any time, with or without notice and with or without cause, including if we reasonably believe you have violated these Terms. Upon termination, all provisions of these Terms that by their nature should survive termination will survive, including without limitation Sections 6 (license in User Content), 9 (intellectual property), 10 (marks), 13 (disclaimers), 14 (limitation of liability), 15 (indemnification), 18 (dispute resolution), and 20 (general).
17. Copyright Complaints
If you believe content on the Site infringes a copyright you own or control, you may submit a notice under the Digital Millennium Copyright Act to our designated agent at dmca@parkinglotstriping.org. Your notice must include: (a) identification of the copyrighted work claimed to have been infringed, (b) identification of the material claimed to be infringing, sufficient to permit us to locate it, (c) your contact information, (d) a statement that you have a good-faith belief that the use is not authorized, (e) a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner, and (f) your physical or electronic signature. We may terminate the accounts of repeat infringers.
18. Binding Arbitration; Class Action Waiver
Please read this section carefully. It requires you and us to resolve most disputes through binding individual arbitration and waives your right to participate in a class action.
18.1 Agreement to Arbitrate
You and we agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or your relationship with us (a “Dispute”) will be resolved through binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, as modified by these Terms. Judgment on any award may be entered in any court of competent jurisdiction.
18.2 Seat; Language; Law
The seat of the arbitration will be Wilmington, Delaware, USA. The arbitration will be conducted in English. These Terms and any Dispute will be governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles, and by applicable U.S. federal law.
18.3 Individual Basis; No Class Actions
You and we agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator has no authority to consolidate the claims of multiple parties or to preside over any form of class proceeding. If a court decides this class-action waiver is unenforceable as to a particular claim, that claim will be severed and heard in court, but the remainder of this Section 18 will remain in effect.
18.4 Exceptions
The following are not required to be arbitrated: (a) small-claims court actions by either party, so long as the action remains in that court and is pursued on an individual basis, and (b) claims for injunctive or equitable relief to protect intellectual property rights, including trademark, trade secret, and copyright rights, which may be brought in a court of competent jurisdiction.
18.5 Venue for Non-Arbitrable Disputes
For any Dispute not subject to arbitration, you and we irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in New Castle County, Delaware.
18.6 Opt-Out
You may opt out of this arbitration agreement by sending written notice of your decision to opt out to legal@parkinglotstriping.org within thirty (30) days after first accepting these Terms. Your notice must include your full name, address, and a clear statement that you wish to opt out of the arbitration provision of these Terms. Opting out will not affect any other provision of these Terms.
19. Electronic Communications and Notice
By using the Site you consent to receive communications from us electronically, including by email and by notices posted on the Site. You agree that electronic communications satisfy any legal requirement that communications be in writing. We may give you notice by email to the address you provided at registration or, where applicable, by a posting on the Site.
20. General
20.1 Entire Agreement
These Terms, together with the Privacy Policy and any applicable Program Agreement, constitute the entire agreement between you and us regarding the Site and supersede any prior agreements relating to the subject matter.
20.2 Severability
If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid or unenforceable provision will be enforced to the fullest extent permitted by law or reformed to the minimum extent necessary to make it valid and enforceable.
20.3 No Waiver
No failure or delay by us in exercising any right under these Terms will operate as a waiver of that right.
20.4 Assignment
You may not assign these Terms or any of your rights or obligations under them without our prior written consent. We may assign these Terms, in whole or in part, at any time without notice, including in connection with the transition of the operation of the Site from J Thompson Consulting LLC to PLSIC, Inc. upon its formation. Any attempted assignment by you in violation of this section is void.
20.5 No Agency
Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and us.
20.6 Force Majeure
We will not be liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, power outages, and failures of the internet or third-party service providers.
20.7 Headings
Section headings in these Terms are for convenience only and do not affect interpretation.
20.8 Contact
Questions about these Terms can be directed to legal@parkinglotstriping.org or:
J Thompson Consulting LLC
operating the Parking Lot Striping Industry Council
Attn: Legal