Monthly Parking Membership Program Terms and Conditions

Effective Date: October 29, 2024

 

NOTICE REGARDING DISPUTE RESOLUTION: THE MONTHLY PARKING MEMBERSHIP TERMS ARE SUBJECT TO TPS GENERAL TERMS AND CONDITIONS AND THOSE TERMS INCLUDING OUR AGREEMENT TO ARBITRATE DISPUTES, WHICH GENERALLY REQUIRE YOU TO PURSUE CLAIMS AGAINST US IN BINDING ARBITRATION. CAPITALIZED TERMS THAT ARE NOT DEFINED IN THIS AGREEMENT SHALL HAVE THE MEANING AS DEFINED IN THE GENERAL TERMS AND CONDITIONS AND THESPOTCLUB PROGRAM TERMS AND CONDITIONS. FOR ANY TERM OR TERMS IN THIS AGREEMENT THAT CONFLICT WITH THE GENERAL TERMS AND CONDITIONS, THESE MONTHLY PARKING MEMBERSHIP TERMS AND CONDITIONS WILL CONTROL.

 

These terms govern The Parking Spot’s monthly parking membership program (“TPS Monthly Parking Membership Program” or the “Program”). The TPS Monthly Parking Membership Program is a monthly parking program offered by TPS Parking Management, LLC, a Delaware limited liability company d/b/a The Parking Spot (“The Parking Spot,” “ we” or “us”), whereby qualifying The Parking Spot monthly parking members (“Member(s)”) can use parking services at The Parking Spot facilities on a pre-paid monthly basis subject to the terms and conditions set forth below. The following terms and conditions (the “Program Terms and Conditions”) are in addition to our general Terms and Condition and the theSpotClub terms and conditions. By registering for a TPS Monthly Parking Membership account ("Account"), you acknowledge that you have read, understood, and agree to be bound by these TPS Monthly Membership Program Terms and Conditions as well as our general Terms and Conditions located at https://www.theparkingspot.com/terms-and-conditions (the “General Terms and Conditions”), and that you agree to comply with all applicable laws and regulations with respect to the TPS Monthly Parking Membership Program.

 

IF YOU DO NOT AGREE TO THE PROGRAM TERMS AND CONDITIONS AND THE GENERAL TERMS AND CONDITIONS, DO NOT REGISTER FOR A MONTHLY PARKING MEMBERSHIP ACCOUNT. 

 

1.         Program Eligibility and Access

 

Participation in the TPS Monthly Parking Membership Program is only available to users eighteen (18) years of age or older. By registering an Account (defined above) or otherwise using the TPS Monthly Parking Membership Program you certify that you are at least 18 years of age. Membership in the Program may be prohibited or restricted in some markets. Nothing in the Program Terms and Conditions should be read to override or circumvent any such local law.

 

The Member’s theSpotClub access credentials will be used to access the Program. When you create a Program Account, you will be prompted to provide the username and password used in conjunction with your theSpotClub user account. You are responsible for maintaining the confidentiality of your password and are fully responsible for all uses of your password and the Account, whether by you or others. You agree to (a) keep your password confidential and not share it with anyone else; and (b) immediately notify The Parking Spot of any unauthorized use of your password or Account or any other breach of security. The Parking Spot cannot and will not be liable for any loss or damage arising from your failure to comply with this Paragraph.

 

2.         Changes to or Cancellation of TPS Monthly Parking Membership Program.

 

The Parking Spot reserves the right to change or cancel the TPS Monthly Parking Membership Program, in whole or in part, at any time in The Parking Spot’s sole discretion, without notice or liability, even though such changes may affect Program benefits already accumulated. Such changes or cancellation will be effective when posted on the Parking Spot’s Website or when you receive email notification of any such changes. Please review the Program Terms and Conditions periodically to ensure that you are aware of any changes and are familiar with the most current version. Changes to the Program Terms and Conditions, General Terms and Conditions, and theSpotClub Terms will apply to all subsequent transactions and participation in the Program. Any changes to the Program Terms and Conditions, General Terms and Conditions, and theSpotClub Terms will apply to all persons who have created an Account. If you do not agree to the updated Program Terms and Conditions, General Terms and Conditions, and/or theSpotClub Terms, you must close your Account and must cease participation in the Program. 

 

3.         Monthly Parking Fees. 

 

Membership for the Program is charged monthly on a pay-in-advance basis (“Fee”). The Fee will be charged once per month and shall auto-renew each month until cancelled. The Member credit card number provided during the Account creation process will be charged on the calendar day of the initial Program registration. The credit card billing-cycle for each Member will begin on the day of the month that the Member created an Account and registered for the Program and will end at 11:59 PM on the last day of the monthly billing-cycle, which is the night before the next billing-cycle begins. For example, if the Program services are purchased on June 5, the monthly billing-cycle will begin on 5th day of each month and will end at 11:59 PM on the 4th day of the next month.  If the Program services are purchased on the 31st or 30th of a month, Services will be charged on the last day of the following month. For a billing-cycle for a month of February that has 29 days, the purchase and billing-cycle start date will be February 28. The  Fee is subject to change following the first full year of Membership, at any time thereafter. All Fees are non-refundable.

 

As full and complete compensation for Program services, you hereby authorize and direct The Parking Spot to process a credit card charge in the amount of the Fee in your name which you designated at Account creation and registration. You hereby represent to The Parking Spot that you are authorized to use such credit card for such purpose. If your credit card on file is not processed after three attempts to charge a Fee, your Account will be subject to cancellation. 

 

4.         Member Communications

 

Program Members will not receive notices before the initiation of each monthly charge, however, Members will receive email notifications for purchase confirmations, cancellation confirmations, alerts regarding credit card declinations or expired credit cards, and notices regarding Program fee changes.

 

5.         Registration Rules

 

You must be a theSpotClub Member to register for the Program. Program services may not be changed, modified or customized for individual Members and Members are only permitted to register for the Program or cancel participation in the Program. Members are limited to one Account per location, however Members are permitted to register for Program services at multiple markets. The Program services are not eligible for discounts available from other The Parking Spot discounts or rewards programs. The Parking Spot will create specific promotional codes for the monthly Program services, which also cannot be applied to other The Parking Spot parking services, discounts, or reward programs. Participation in the Program and use of Program services will not earn theSpotClub rewards points. Program services do not include car wash services or EV charging services. The Program will also not be available for all parking types. Vehicles permitted to park at a particular location under the Program will be limited to the The Parking Spot facility (“Facility”) and parking type selected at Program registration, and The Parking Spot will not issue credits or make exceptions for incorrectly entered registration information. You must be registered for the Program at a particular Facility at the time of entry to use the Program services at that Facility. Any vehicle that is parked at a location that does not confirm with initial registration requirements and selection information will be subject to standard parking rates upon exiting the parking facility. 

 

6.         Program Services.

 

In consideration of your payment to The Parking Spot of the monthly parking Fee in the amount indicated for the Program, The Parking Spot agrees to make available to you one (1) standard vehicle parking space at the Facility selected at Program registration, for any length of time, for as long as the TPS Monthly Parking Membership Program remains in effect at that Facility. We do not guarantee that a particular parking space, product type or service level will be available. The vehicle being parked must fit into one standard parking space, must not be oversized, and must not exceed the entry/exit clearance for the selected Facility. The Parking Spot will not be responsible to hold or manage the keys to your vehicle.

 

You acknowledge that the monthly parking fee constitutes consideration for the right to park at a Facility only, and any other applicable fees or charges associated with the parking of a vehicle in a Vehicle Parking Space are additional. Notwithstanding anything to the contrary as set forth in the General Terms and Condition, theSpotClub Terms, or Reservation Terms, parking under the Program is subject to the availability of open and unreserved parking at any particular Facility, and in the event of a lack of available parking of the parking type selected at Program registration, The Parking Spot will make its best efforts to accommodate Program Members.

 

7.         Cancellation Policy

 

You may cancel your Program services at any time by following the cancellation procedures described on the Parking Spot’s Website and theParkingSpot app or by contacting The Parking Spot’s guest services. Members who cancel before the beginning of the next billing-cycle will not be charged on the following billing date. Members can initiate cancellation up until 11:59 PM on the last day of the billing-cycle to avoid the next billing-cycle Fee. Once billed, the Fee is non-refundable. Upon cancellation or other non-payment of a Fee, if a Member’s vehicle remains parked at a facility, the Member will be subject to standard TPS parking fees for the time the vehicle remains at the location after the cancellation or the non-payment of the Fee.  If a Member’s Fee is more than thirty (30) days late and the Member’s vehicle is parked at the facility, the Member’s vehicle will be subject to removal from the facility at the Member’s expense, and the Member hereby expressly consents to such removal.

 

8.         No Transferability of TPS Monthly Parking Membership 

 

Membership in the TPS Monthly Parking Membership Program is not transferable. Account sharing or transferring is prohibited, which means that Accounts and Program Services may not be transferred from a Member to a third party, nor transferred between Members. You will be asked to select a password for your Account during the registration process ("Password"). You may not disclose your Password to anyone or allow anyone to use your Password to access the Program or benefit from Program services. You are responsible for maintaining the confidentiality of your Password and for any damage, harm, or losses resulting from your disclosure, or allowing the disclosure, of any Password, or from use by any person of your Password. You may not obtain, attempt to obtain, use or attempt to use the password of anyone else.  

 

9.         Expulsion from the Program 

 

Members may be expelled from the Program for any violation of the Program Terms and Conditions, as determined in our sole discretion, including but not limited to the following:

  • bartering or selling parking privileges through a Program Membership or Account;
  • attempting to transfer or transferring a Program Membership or Account;
  • breaching the terms and conditions applicable to one of our parking facilities;
  • engaging in behavior that is offensive either to our employees or other guests at our parking facilities.

 

10.       Special Offers and/or Programs with Partners 

 

All special promotional offers involving Program benefits are subject to these Program Terms and Conditions. In addition to these Program Terms and Conditions, we and/or our Partners may have special terms and conditions that provide additional rules for earning, transferring, accumulating, and redeeming points under our Program or points (or other discounts, values, benefits, etc.) under our Partners’ respective programs in connection with special offers and/or programs with our Partners. Unless otherwise expressly provided, in the event of a conflict between these Program Terms and Conditions and any of our Partners’ terms and conditions, these Program Terms and Conditions shall apply with respect to the Program. Partners are independent entities and are not agents, employees, or subcontractors of The Parking Spot, and The Parking Spot is not responsible for their acts or omissions (including, without limitation, their solicitation efforts or their award or transfer of points or other benefits under their respective programs) or any products or services supplied by them (including, without limitation, the nature or quality of their products, services or programs). 

 

11.       Additional Program Terms

 

Any additional local Facility parking terms (“Additional Program Terms”) are hereby incorporated by reference into these Program Terms and Conditions. To the extent any Additional Program Terms conflict with these Program Terms and Conditions, the Additional Program Terms will control.

 

12.       Privacy 

 

For information about how we collect and use personally identifiable information that you may provide us when joining the Program, setting up an Account, or otherwise participating as a Member in the Program, please review our Privacy Policy by visiting https://www.theparkingspot.com/privacy-policy or by clicking the “Privacy Policy” link at the bottom of the page of our Website.

 

13.       Disclaimer of Liability

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS. THE PARKING SPOT MAKES NO WARRANTY OF ANY KIND RELATED TO THE PROGRAM AND/OR ANY PARTNER PROGRAMS, AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT THERETO, WHETHER EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESIGN, ACCURACY, CAPABILITY, SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS OR AVAILABILITY) AND/OR ARISING BY STATUTE OR OTHERWISE IN LAW FROM DEALING OR USAGE OF TRADE.

 

14.       Limitation of Liability

 

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE PARKING SPOT NOR ITS PARENT, SUBSIDIARIES, RELATED COMPANIES OR CONTROLLED AFFILIATES OR ANY OF ITS OR THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, SERVICE PROVIDERS, STRATEGIC PARTNERS OR DISTRIBUTION PARTNERS (COLLECTIVELY, “COMPANY ENTITIES”) SHALL BE LIABLE FOR, AND YOU HEREBY WAIVE YOUR RIGHT TO MAKE A CLAIM AGAINST THE COMPANY ENTITIES FOR, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM, ARISING FROM, RELATING TO OR IN ANY WAY CONNECTED WITH: (a) THE USE OF OR PARTICIPATION IN, OR THE INABILITY TO USE OR PARTICIPATE IN, THE PROGRAM OR ANY PARTNER PROGRAMS; (b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA WHEN USING THE WEBSITE OR APP; OR (c) ANY OTHER MATTER RELATING TO THE PROGRAM, PARTNER PROGRAMS, OR THE PROGRAM TERMS AND CONDITIONS. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE COMPANY ENTITIES ARE NOT LIABLE FOR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM ANY INABILITY OR FAILURE TO HONOR ANY SELF PARKING OR ON-AIRPORT VALET RESERVATION OR PARKING UNDER THE PROGRAM. IF YOU ARE DISSATISFIED WITH ANY OF THE PROGRAM TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CLOSE YOUR ACCOUNT AND DISCONTINUE PARTICIPATION IN THE PROGRAM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

15.       Miscellaneous 

 

The Parking Spot has the sole right to interpret and apply the Program Terms and Conditions. Program status, and other Program benefits have no cash value and may not be redeemed for cash. Program status, and other Program benefits are non-transferable and may not be shared among Members, their estates, successors or assigns. In addition, Program status and benefits do not constitute property of Member and are non-transferable, including without limitation upon the death of a Member or as a part of any domestic relations matter. If any provision hereof shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Program Terms and Conditions, and shall not affect the validity and enforceability of any remaining provisions hereof. Our electronically or otherwise properly stored copy of these Program Terms and Conditions will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Program Terms and Conditions in connection with any action or proceeding arising out of or relating to these Program Terms and Conditions. Our waiver of any violation of these Program Terms and Conditions will not be a waiver of any preceding or subsequent violation hereof. These Program Terms and Conditions constitute the entire understanding with respect to the subject matter hereof, and shall supersede any and all communications, negotiations, correspondence, course of dealings and other agreements regarding such subject matter.

 

16.       Questions

 

Please contact us with any questions regarding Program or the Program Terms and Conditions by email at feedback@theparkingspot.com .

 

Effective Date: October 29, 2024