Terms and Conditions
Effective Date: February 3, 2020
NOTICE REGARDING DISPUTE RESOLUTION: THESE TERMS AND CONDITIONS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND WE MAY HAVE AGAINST EACH OTHER ARE RESOLVED (SEE PARAGRAPH 18 BELOW), INCLUDING AN AGREEMENT AND OBLIGATION TO ARBITRATE DISPUTES, WHICH WILL, SUBJECT TO LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT TO CLAIMS YOU HAVE AGAINST US TO BINDING ARBITRATION, UNLESS YOU OPT OUT IN ACCORDANCE WITH PARAGRAPH 18(h). UNLESS YOU OPT-OUT OF ARBITRATION: (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
The following are the Terms and Conditions (“Terms”) of a legal agreement between you and TPS Parking Management, LLC, a Delaware limited liability company d/b/a The Parking Spot and d/b/a Spot (“The Parking Spot,” “we,” “us” or “our”). These Terms apply to the website located at www.theparkingspot.com and any other websites operated by us that may link to these Terms (the “Website”), any of our mobile apps that link to these Terms (the “App”), as well as use of The Parking Spot’s parking reservation, on-airport valet services and other parking and car care services, and parking lot and ground transportation services offered through the Website and App (the “Services”). Unless explicitly stated otherwise, any new features that augment or enhance the current Website or App shall be subject to these Terms. We reserve the right to provide you with operating rules or additional terms that may govern your use of the Website, App or Services generally, unique parts of the Website, App or Services, or both (“Additional Terms”). Any Additional Terms that we provide to you are hereby incorporated by reference into these Terms. Unless otherwise specified, to the extent any Additional Terms conflict with these Terms, the Additional Terms will control. By clicking a checkbox to accept these Terms or otherwise accessing, downloading and/or using the Website or App, you acknowledge that you have read, understood and agree to be bound by these Terms and you agree to comply with all applicable laws and regulations. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK THE CHECKBOX TO ACCEPT THESE TERMS OR OTHERWISE ACCESS, DOWNLOAD AND/OR USE THE WEBSITE OR APP. The Parking Spot reserves the right to change these Terms at any time without notice.
The material provided on the Website and App is protected by law, including but not limited to United States copyright law and international treaties. The Website and App are controlled and operated by The Parking Spot from servers located within the United States. The Parking Spot makes no representation that the Website or its content, the App or its content, or the Services are appropriate or available for use in locations other than the United States, and access to them from territories where their contents are illegal or otherwise regulated is prohibited. If you choose to access the Website or App from locations other than in the United States, you do so at your own initiative, at your own risk, and are responsible for complying with all applicable local laws. We reserve the right to limit, in our sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Website or App is void where prohibited.
1. Changes to Website, App and Terms . We may update these Terms from time to time, and we may amend them at any time to incorporate additional terms specific to additional features, materials, products, opportunities, or services that we may make available on or through the Website and/or App. All such updates and amendments are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of these Terms or other notice on the Website and/or App. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE WEBSITE AND APP TO OBTAIN TIMELY NOTICE OF ANY SUCH UPDATES AND AMENDMENTS. IF YOU DO NOT AGREE TO THE UPDATED TERMS, YOU MUST IMMEDIATELY STOP USING THE WEBSITE AND APP. YOUR CONTINUED USE OF THE WEBSITE OR APP SIGNIFIES YOUR AGREEMENT TO BE BOUND BY THE UPDATED TERMS. The Parking Spot expressly reserves the right to make any changes to the Terms, to the Website and its content, or the App and its content, at any time, without prior notice to you. Such changes, updates, or amendments shall not serve to constitute a default or termination by The Parking Spot of these Terms.
3. Eligibility . Your right to use the Website, App and Services is contingent upon your compliance with these Terms including any relevant Additional Terms. The Website, App and Services are made available to users 18 years of age or older. If you are under 18 years old, do not use, access or download the Website, App or Services. By using or attempting to use the Website, App or Services, you certify that you are at least 18 years of age and meet any other eligibility and residency requirements. Participation in theSpotClub ® loyalty program (“theSpotClub® Program” or the “Program”) is subject to the theSpotClub® Program Terms and Conditions (available at http://www.theparkingspot.com/spotterms.aspx ) (the “Program Terms and Conditions”), and is only made available to users 18 years of age or older. By registering an Account (defined below) or otherwise using a theSpotClub® card or theSpotClub® Exec card, you certify that you are at least 18 years of age. Please carefully read the Program Terms and Conditions before attempting to participate in theSpotClub® Program. Membership in the Program may be prohibited or restricted in some countries. Nothing in these Terms or in the theSpotClub® Program Terms and Conditions should be read to override or circumvent any such foreign laws.
4. Registration and Account Security .
The Website and App may contain features that require registration (“Restricted Areas”). You are not required to register to use the Website, App or Services, but may not be able to access some content or use certain services without registration. If you create a Program account (“Account”), sign in to your Account, or register your theSpotClub® card or theSpotClub® Exec card on the Website or an App, you will be prompted to provide the username and password used in conjunction with your Account. You are responsible for maintaining the confidentiality of your password and are fully responsible for all uses of your password and 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 4.
5. Parking Services .
(a) Reservations. You may make a reservation on the Website or an App to self park at The Parking Spot’s parking facility which you designate when making such reservation (the “Facility”), or to bring your vehicle to a Facility to valet park your vehicle in the location selected by The Parking Spot at the Facility or at a Storage Location (defined below). If you are a member of theSpotClub® Program, have set up an Account, have a registered theSpotClub® card or theSpotClub® Exec card, and make a reservation when signed in to your Account on the Website or App, you can complete your reservation without paying The Parking Spot a reservation fee (the “Reservation Fee”). All other reservations are subject to the Reservation Fee indicated on the Website or App. Reservations made on a “Pay Now” or “Pay Later” basis are subject to the Additional Terms available at https://www.theparkingspot.com/reservation-policy , which are hereby incorporated by reference. In consideration of your payment to The Parking Spot of the Reservation Fee in the amount indicated on the Website or App or your completion of a reservation in connection with your participation in theSpotClub® Program, The Parking Spot agrees to make available to you one (1) vehicle parking space at the Facility, or, if you valet park your vehicle, one (1) vehicle parking space selected by The Parking Spot at the Facility or at an off-site location (“Storage Location”) to which your vehicle may be moved for storage and from which your vehicle will be moved back to the Facility upon or before your return to the Facility (as applicable, a “Vehicle Parking Space”) commencing at the Check-In Date/Time which you designated on the Website or App when making such reservation (the “Designated Check-In Time”) on the terms and conditions provided herein and theSpotClub® Program Terms and Conditions (where applicable), but only if you arrive at the Facility at the Designated Check-In Time. We do not guarantee that a particular parking space, product type or service level will be available. You acknowledge that the Reservation Fee constitutes consideration for the right to make such reservation only, and shall not be credited toward the fee which is payable for the use of a Vehicle Parking Space, or any other applicable fees or charges associated with the parking of a vehicle in a Vehicle Parking Space.
(b) Payment of Reservation Fee . As full and complete payment of the Reservation Fee, you hereby authorize and direct The Parking Spot to process a charge in the amount of the Reservation Fee to the credit card in your name which you designated on the Website or App when making the associated reservation, and you hereby represent to The Parking Spot that you are authorized to use such credit card for such purpose. The Reservation Fee is non-refundable except in accordance with the cancellation policy set forth in Paragraph 5(c) below or the issuance of a Guarantee Policy Pass, as set forth in Paragraph 5(f) below.
(c) Cancellation Policy . You may cancel your parking reservation by following the procedures described on the Website or App for the cancellation of a reservation, provided that such cancellation is received by The Parking Spot by means of the Website or App prior to the Designated Check-In Time. In the event of any such timely cancellation of a reservation, the Reservation Fee will be refunded to you in the form of a credit issued to the credit card that you used to make the reservation.
(d) Grant of License . Upon your arrival and check-in at the Facility at the Designated Check-In Time, you shall be deemed to have been granted a license to self park and lock one (1) vehicle in the applicable designated area of the Facility, or, if you valet park your vehicle, in the location selected by The Parking Spot at the Facility or at a Storage Location to which your vehicle may be moved for storage and from which your vehicle will be moved back to the Facility upon or before your return to the Facility, at your sole risk and at posted rates for a period, not to exceed thirty (30) days, commencing upon your arrival at the Facility (the “Actual Check-In Time”). Only a license is granted hereby, and to the fullest extent permissible under applicable law, you acknowledge and agree that (i) no lease, bailment or bailee custody is intended or shall be created, (ii) The Parking Spot does not become an insurer, (iii) The Parking Spot does not guard or assume care, custody or control of your vehicle or its contents, (iv) The Parking Spot shall not be liable for (A) fire, theft, loss or damage to the vehicle, (B) mechanical malfunction, (C) fire, theft, loss or damage to any personal property or article left in the vehicle, (D) damage or loss caused by criminal acts by third parties, or (E) incidental or consequential damages, and (v) you assume full responsibility for any personal injuries that may occur while the vehicle is parked at the Facility or Storage Location. You further acknowledge and agree that if your vehicle is left at the Facility or Storage Location for more than thirty (30) days after the Actual Check-In Time (or longer than thirty (30) days as the Facility Manager may authorize), then such vehicle and its contents may be impounded at your expense and sold for expenses and storage fees. No employee or other representative of The Parking Spot may modify or waive any of the terms of these Terms (other than Facility Manager’s limited right to permit vehicles to remain over thirty (30) days).
(e) Payment of Parking Fees . You agree that, in consideration of the license granted in Paragraph 5(d) above, you shall pay The Parking Spot a parking fee calculated by reference to the parking rates posted at the Facility at the Actual Check-In Time.
(f) Guarantee Policy Pass . In the unlikely event that you arrive at the Facility at the Designated Check-In Time and no Vehicle Parking Space is then available for your use and you paid a Reservation Fee when making the associated reservation, the Reservation Fee will be refunded to you by the issuance of a credit to the credit card which you used to make the associated reservation, subject only to the condition that you shall have delivered to The Parking Spot, within one hundred eighty (180) days following the Designated Check-In Time, a written request therefor together with reasonable evidence of such reservation and such unavailability, as determined in our sole discretion. If you have a reservation for a Facility and we are unable to accommodate you on your reserved day(s) at any service level, we will give you a pass for one (1) free stay of up to seven (7) consecutive days (“Guarantee Policy Pass”). To request a Guarantee Policy Pass you must contact us by email at email@example.com . We may in our sole discretion request that you provide certain information and documentation to verify your eligibility for such a Guarantee Policy Pass.
7. Linking a theSpotClub® Card to a Credit Card . If you have completed the process described on the Website or App to link your theSpotClub® card to the particular credit card in your name which you designated when performing such linking process (the “Designated Credit Card”), then you shall be deemed to have authorized The Parking Spot to create a theSpotClub® card in your name that will be associated with your unique theSpotClub® membership number and with the Designated Credit Card. You further authorize and direct The Parking Spot to process a charge to the Designated Credit Card upon your presentation of such theSpotClub® card, in an amount then due to The Parking Spot as fees, taxes or miscellaneous charges. You represent to The Parking Spot that you are the holder of the Designated Credit Card and that you are authorized to use the Designated Credit Card. All charges to your Designated Credit Card arising from the presentation of theSpotClub® card with which it is associated will appear on your regular bill from the issuer of the Designated Credit Card. You acknowledge you are responsible for all charges incurred on the Designated Credit Card at The Parking Spot facilities, whether by presentation of the Designated Credit Card or theSpotClub® card with which it is associated.
8. User Restrictions .
You may access, download and use the Website and App only for your personal, non-commercial use. Any other access to or use of the Website or App constitutes a violation of these Terms and may violate applicable copyright, trademark, or other laws. The copyrights in all materials provided on the Website and App are held by The Parking Spot or by the original creator of such materials. Except as expressly permitted in these Terms, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit or otherwise exploit the Website or App or any of their respective content, including any text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, or interactive features (collectively, the “Website and App Content”), for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its respective owner. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained on the Website, App or any Website and App Content. Permission is granted to you to display, copy, distribute and download the Website and App Content for personal, non-commercial use only, provided that you do not modify the Website and App Content and that you retain all copyright and other proprietary notices contained in Website and App Content. This permission terminates automatically if you breach any of these Terms. Upon termination of this permission, you must immediately destroy any downloaded and printed Website and App Content. You also may not, without The Parking Spot’s permission, “mirror” any Website and App Content. Any unauthorized use of any Website and App Content may violate, without limitation, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You also acknowledge that you do not acquire any ownership rights by downloading or printing any Website and App Content.
Furthermore, you may not:
- circumvent, disable or otherwise interfere with security-related features of the Website or App, including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or App;
- use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Website, App or any Website and App Content for any purpose without our express written permission. Notwithstanding the foregoing, we grant public search engine operators permission to use automatic devices (such as robots or spiders) to copy content from the Website and App for the sole purpose of creating (and only to the extent necessary to create) a searchable index of content on the Website and App that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time;
- transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
- forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;
- collect or harvest any personally identifiable information from the Website or App including, without limitation, user names, passwords, or email addresses;
- solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
- attempt to or interfere with the proper working of the Website or App, or impair, overburden, or disable the same;
- decompile, reverse engineer, or disassemble any portion of the Website or App;
- use network-monitoring software to determine architecture of or extract usage data from the Website or App;
- encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity;
- affect us adversely or reflect negatively on us, the Website, the App, the Services, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Website or App, or from advertising, linking or becoming a supplier to us in connection with the Website or App;
- violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
- engage in any conduct that restricts or inhibits any other user from using or enjoying the Website, App or Services.
9. User Content .
We may now or in the future permit users to post, upload, transmit through, or otherwise make available on the Website or App (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on the Website or App. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
You represent, warrant, and covenant that you will not submit any User Content that:
- violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;
- affects us adversely or reflects negatively on us, the Website, the App, the Services, our goodwill, name or reputation or causes duress, distress or discomfort to us or anyone else, or discourages any person, firm or enterprise from using all or any portion, features or functions of the Website or App, or from advertising, linking or becoming a supplier to us in connection with the Website or App;
- impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable;
- encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
- is an advertisement for goods or services or a solicitation of funds;
- includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;
- contains a formula, instruction, or advice that could cause harm or injury; or
- results in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing.”
Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying the Website, App or Services will not be permitted.
By submitting User Content to us, simultaneously with such submission you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation in connection with our business and the business of our parent, subsidiaries, related companies and controlled affiliates and other related companies. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright or other intellectual property right that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of the Website, the App and these Terms.
By submitting User Content, you also grant us the right, but not the obligation to use your biographical information including, without limitation, your name and geographic location in connection with the broadcast, print, online, or other use or publication of your User Content. You waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content.
We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners and third-party service providers (including their downstream users).
10. Trademarks . All trademarks, service marks and trade names used on the Website and App are proprietary to The Parking Spot or other respective owners that have granted The Parking Spot the right and license to use such trademarks, service marks and trade names, and are protected by U.S. and international trademark laws. These trademarks, service marks and trade names include, without limitation, the following: The Parking Spot™, theParkingSpot®, We Have Airport Parking Covered®, Making Air Travel a Little Easier!™, Specialists in Airport Parking™, Soft Hands Car Care®, theSpotClub®, The Spot Club™, Spot®, the spotted design on The Parking Spot’s shuttle buses, and the other logos of The Parking Spot. No user of the Website or App is granted any rights in or to such trademarks, service marks or trade names, and all rights in and to such marks and designations are reserved by The Parking Spot and/or their respective owners.
11. Links . The Website or App may include links to or advertising for websites, apps or content maintained by third parties. Because neither The Parking Spot nor it parents, subsidiaries, related companies or controlled affiliates operate or control any information, products or services available on these third-party websites, apps or advertisements, you acknowledge and agree that The Parking Spot is not responsible or liable for any content, advertising, products or other materials on or available from such websites, apps or advertisements. You further acknowledge and agree that The Parking Spot shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use or reliance on any such content, goods or services available on or through any such site or resource.
12. Termination .
You agree that The Parking Spot may suspend or terminate your access to all or part of the Website, the App and Services, in its sole and absolute discretion and without notice or liability to you or any third party, for any reason or for no reason (“Termination”), including without limitation: (a) if we determine that you failed to comply with the letter or the spirit of the Terms, Additional Terms, or other agreements or guidelines; (b) in response to requests by law enforcement or government agencies; (c) at your request (i.e., self-initiated Account deletions); (d) in connection with the discontinuance or material modification of the Website, the App or Services (or any part thereof); (e) in connection with unexpected technical or security issues or problems; or (f) following extended periods of inactivity. Termination of your access and/or Account(s) may include: (i) removal of access to all offerings within the Website’s and App’s Restricted Areas; (ii) at The Parking Spot’s sole discretion, the deletion of all of your Account information and other content associated with your Account (or any part thereof); and (iii) barring further use of the Website’s and App’s Restricted Areas.
Any Termination shall not affect your obligations to us under these Terms. The provisions of these Terms which by their nature should survive the suspension or Termination of your access to or use of the Website, App, your Account, or these Terms shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, arbitration and dispute resolution, no class action, no trial by jury, and all of the miscellaneous provisions set forth below.
13. Indemnity . You agree to indemnify, defend, and hold The Parking Spot and its parent, subsidiaries, related companies and controlled affiliates, and each of their respective members, officers, directors, employees, agents, partners, licensors, service providers, strategic partners, and distribution partners (collectively, the “Indemnified Entities”), harmless from all third-party claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (a) your use of the Website, App or Services; (b) any transaction resulting from use of the Website, App or Services or your connection to the Website or App; (c) your actual or alleged breach of any of the representations, warranties, covenants, or provisions of these Terms, any Additional Terms, or any applicable law or regulation; (d) your submission, posting, or transmission of personally identifiable information or other data to the Website or App; (e) your violation of any rights of another; or (f) your other acts and omissions.
14. Disclaimer of Warranties . YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE OR APP IS AT YOUR SOLE RISK. THE WEBSITE, THE APP, THE WEBSITE AND APP CONTENT AND ALL PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE AND/OR APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS. THE INDEMNIFIED ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (a) WARRANTIES THAT THE WEBSITE, APP, WEBSITE AND APP CONTENT, OR ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH THE WEBSITE OR APP WILL MEET YOUR REQUIREMENTS; (b) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE, APP, WEBSITE AND APP CONTENT, OR ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH THE WEBSITE OR APP; (c) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, CAPABILITY, SUFFICIENCY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (d) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR APP OR ACCESSED THROUGH THE WEBSITE OR APP; (e) WARRANTIES CONCERNING THE CAPACITY, COMPLETENESS, ACCURACY OR RELIABILITY OF THE INFORMATION OR RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, APP OR SERVICES; (f) WARRANTIES THAT YOUR USE OF THE WEBSITE, APPS OR SERVICES WILL BE SECURE OR UNINTERRUPTED; (g) WARRANTIES THAT THE WEBSITE, APP, WEBSITE OR APP CONTENT OR SERVICES WILL BE ERROR-FREE OR THAT ERRORS IN THE WEBSITE, APP, WEBSITE AND APP CONTENT OR SERVICES WILL BE CORRECTED; OR (h) ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW FROM DEALING OR USAGE OR TRADE. THE PARKING SPOT ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO PROVIDE ANY CONTENT OR TO STORE ANY PERSONALIZATION SETTINGS OR USER MATERIALS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE OR APP IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PARKING SPOT OR THROUGH OR FROM THE WEBSITE OR APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
15. Limitation of Liability . TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION THE NEGLIGENCE OF ANY PARTY, SHALL THE INDEMNIFIED ENTITIES BE LIABLE FOR, AND YOU HEREBY WAIVE YOUR RIGHT TO MAKE A CLAIM AGAINST THE INDEMNIFIED 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 ABOVE LISTED PARTIES 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 THE INABILITY TO USE, THE WEBSITE OR APP OR ANY MATERIALS OR SERVICES ACCESSIBLE ON OR THROUGH THE WEBSITE OR APP; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE OR APP; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR APP; (e) LOSSES TO VEHICLES OR THE CONTENTS OF SAME RESULTING FROM FIRE, THEFT, COLLISION OR ANY OTHER CAUSE; OR (f) ANY OTHER MATTER RELATING TO THE WEBSITE, APP, WEBSITE AND APP CONTENT OR SERVICES. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, EXCEPT FOR ANY GUARANTEE POLICY PASSES DESCRIBED IN PARAGRAPH 5(f) ABOVE, THE INDEMNIFIED ENTITIES ARE NOT LIABLE FOR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM ANY INABILITY OR FAILURE TO HONOR ANY PARKING OR ON-AIRPORT VALET SERVICES RESERVATION, OR FROM ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE WEBSITE OR APP. IF YOU ARE DISSATISFIED WITH ANY OF THE PARKING SPOT’S TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE, APP AND SERVICES. 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.
16. U.S. Government Restricted Rights . The materials available on or through the Website and App are provided with “RESTRICTED RIGHTS.” The use, duplication or disclosure of such materials by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of such materials by the U.S. Government constitutes acknowledgment of The Parking Spot’s proprietary rights in them.
17. Procedure for Making Claims of Copyright Infringement .
We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances, we may remove or disable access to material on the Website and/or App that may be infringing or the subject of infringing activity. In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims of infringement (the “Designated Agent”). Our Designated Agent may be reached at:
200 W. Monroe, Suite 1500
Chicago, IL 60606
If you are a copyright owner (or authorized to act on behalf of the copyright owner) and have a good faith belief that your work’s copyright is being infringed, you should submit a written notification to The Parking Spot’s Designated Agent that includes: (a) your contact information, including your name, address, telephone number, and email address; (b) identification and description of each copyrighted work that you claim has been infringed; (c) the exact URL or location of the material that you claim is infringing; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (f) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owners. Upon receipt of a bona fide infringement notification by the Designated Agent, it is our policy to remove or disable access to the infringing material, notify the user that it has removed or disabled access to the material and, for repeat offenders, to terminate such user’s access to the Website and/or App.
Please note that Section 512(f) of the DMCA may impose liability for damages of any person who knowingly sends meritless notices of infringement. Please do not make false claims.
Any information or correspondence that you provide to us may be shared with third parties, including the person who provided us with the allegedly infringing material.
If you believe that your content should not have been removed for alleged copyright infringement, you may send our Designated Agent a written counter-notice with the following information: (a) identification of the copyrighted work that was removed, and the location on the Website or App where it would have been found prior to its removal; (b) a statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of a mistake or misidentification; and (c) your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.
18. Arbitration and Dispute Resolution Agreement.
PLEASE READ THE FOLLOWING CLAUSE CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
(a) Initial Dispute Resolution . We are available by email at firstname.lastname@example.org to address any concerns you may have regarding your use of the Website, App and/or Services. Most concerns may be quickly resolved in this manner. We and you (each a “party” and together, the “parties”) shall use best efforts to settle any dispute, claim, question or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
(b) Agreement to Binding Arbitration . If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Paragraph 18(a) above, then either party may initiate binding arbitration. All claims arising out of or relating to this agreement (including its formation, performance and breach), the parties’ relationship with each other and/or your use of the Website, App or Services shall be finally settled by binding arbitration administered by the American Arbitration Association on a confidential basis in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this agreement, including but not limited to any claim that all or any part of this agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this agreement shall be governed by the Federal Arbitration Act.
(c) THE AAA’S RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.ADR.ORG OR BY CALLING THE AAA AT 1.800.778.7879. TO THE EXTENT THE FILING FEE FOR THE ARBITRATION EXCEEDS THE COST OF FILING A LAWSUIT, WE WILL PAY THE ADDITIONAL COST. A REQUEST FOR PAYMENT OF FEES SHOULD BE SUBMITTED TO AAA ALONG WITH YOUR FORM FOR INITIATING THE ARBITRATION, AND WE WILL MAKE ARRANGEMENTS TO PAY ALL NECESSARY FEES DIRECTLY TO THE AAA. IF THE ARBITRATOR FINDS THE ARBITRATION TO BE NON-FRIVOLOUS, WE WILL PAY ALL OF THE ACTUAL FILING AND ARBITRATOR FEES FOR THE ARBITRATION, PROVIDED YOUR CLAIM DOES NOT EXCEED $75,000. THE ARBITRATION RULES ALSO PERMIT YOU TO RECOVER ATTORNEYS’ FEES IN CERTAIN CIRCUMSTANCES.
(d) THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.
(e) Class Action and Class Arbitration Waiver . The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Paragraph 18(b) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
(f) Exceptions – Intellectual Property Claims . Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief under law or in equity (including without limitation preliminary or other injunctive relief) in any court of competent jurisdiction for disputes or claims arising out of the alleged infringement of either party’s intellectual property rights.
(g) Exceptions – Small Claims Court Claims . Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in small claims court for disputes or claims within the scope of that court’s jurisdiction.
(h) 30 Day Opt Out . You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Paragraphs 18(b), 18(c), 18(d) and 18(e) by sending written notice of your decision to opt-out to the following address: The Parking Spot, 200 W. Monroe St., Suite 1500, Chicago, IL 60606, Attention: Legal Department. The notice must be sent within thirty (30) days after the first of the following to occur: (i) the first date after the Effective Date on which you (a) create an Account on the Website or App, (b) sign in to an existing Account, (c) make a reservation on the Website or App, or (d) register your previously unregistered theSpotClub® card or theSpotClub® Exec card, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
(i) Exclusive Venue for Litigation; JURY TRIAL WAIVER . To the extent that the arbitration provisions set forth in Paragraph 18(b) do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in State of Illinois, Cook County (except for small claims court actions which may be brought in the county where you reside, provided that we are subject to jurisdiction there). The parties expressly consent to exclusive jurisdiction in the State of Illinois, Cook County for any litigation other than small claims court actions. The parties also expressly agree that, to the extent that the arbitration provisions set forth in Paragraph 18(b) do not apply, these Terms shall be construed in accordance with the laws of the State of Illinois without regard to its conflict of laws rules that would result in the application of the laws of a jurisdiction other than the State of Illinois, except with respect to the On-Airport Valet Terms which may be governed by and construed and enforced in accordance with the laws of the state in which the Facility identified on the On-Airport Valet confirmation is located. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available. THE PARTIES ALSO EXPRESSLY AGREE THAT, TO THE EXTENT THAT THE ARBITRATION PROVISIONS SET FORTH IN PARAGRAPH 18(b) ABOVE DO NOT APPLY, THE PARTIES EXPRESSLY WAIVE THE RIGHT TO TRIAL BY JURY.
(j) Modifications. Any modification to Paragraph 18 shall not apply to any disputes of which we are aware or reasonably should be aware at the time of such modification, and will only apply to all disputes arising after such modification, regardless of whether such disputes arise from events or omissions that occurred before such modification.
19. Miscellaneous Provisions.
(a) If any provision hereof shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms, and shall not affect the validity and enforceability of any remaining provisions hereof.
(b) The rights to use the Website and App granted to you hereunder are personal to you and are not subject to transfer or assignment. We may assign our rights and duties under these Terms at any time to any third party without notice.
(c) Our electronically or otherwise properly stored copy of these Terms 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 Terms in connection with any action or proceeding arising out of or relating to these Terms.
(d) Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.
(e) Possible evidence of use of the Website or App for illegal purposes will be provided to law enforcement authorities.
(f) Discontinuation of use of the Website, App and Services is your sole right and remedy for any dissatisfaction with the Website, App and Services.
(g) These Terms 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.
20. Questions . Please contact us with any questions regarding the Website, App, Services or these Terms at email@example.com .