The Service provided by SpotHero is limited to: informing users of the location and potential availability of parking spots. To be clear, SpotHero does not: Process payments, negotiate terms of licenses, nor settle disputes between users of the Site; Provide a parking service, operate a parking lot or otherwise accept custody of motor vehicles. That service is provided by third-parties who are neither our agents nor acting in our behalf; Accept any responsibility whatsoever regarding the safety of persons or property in the parking spots found on the Site; Guarantee the availability of a specific parking spot in the location you selected or the suitability of said parking spot.ARTICLE I. ACCEPTANCE OF TERMS By using the Service, you signify your acceptance of this Agreement and agree to comply with its terms. SpotHero has the right to strictly enforce this Agreement. If you do not accept and agree to the terms of this Agreement, do not use the Service.
ARTICLE II. MODIFICATIONS TO THIS AGREEMENT SpotHero reserves the right to modify the terms of, or impose additional terms or conditions to, this Agreement without notice and in its sole discretion at any time. Please check this Agreement periodically for changes. Additional terms or conditions are effective upon their incorporation into this Agreement. Your continued use of the Service after modification of this Agreement will constitute acceptance of those changes.
ARTICLE III. ELIGIBILITY TO USE THIS SERVICE By using the Service, you represent and warrant that you are at least 18 years of age and that you are legally able to enter into this Agreement under the current laws of your jurisdiction.
ARTICLE IV. PRICING AND AVAILABILITY SpotHero facilitates the reservation of parking spots between those in need of short-term parking (the “Licensees”) and owners of independently owned and operated parking spots (the “Licensors””) (collectively referred to herein as “you” or “users). While SpotHero makes every effort to provide accurate information regarding the parking spots listed on the Site, the decision to use the information provided on the Site about specific parking spots is yours alone and you assume the risk that the information provided is not accurate. SpotHero does not set the parking prices, operate the parking spots, determine parking availability or charge you for any parking fees or services provided. SpotHero is not responsible for any consequences arising from not being able to park, delays associated with parking, road closures or changing traffic conditions. In all cases the parking arrangement will be governed by the agreement made between the Licensor and the Licensee as posted at the parking spot location or provided to the Licensee by the Licensor. By using the Service, Licensors warrant that they have full authority to lease the parking spot they propose to license and that nothing in the Licensor’s lease, deed, home owner’s insurance or condo association covenants prohibits the Licensor from licensing their parking space.
When a reservation is submitted online, the quoted rate is fixed. For this reason, the reservation rate may not be combined with any additional coupons, special offers or other promotion when exiting the parking lot. Special discounts do not apply. Licensees agree to abide by the terms and conditions of the purchase imposed by any Licensor with whom a reservation is made, including, without limitation, payment of all amounts when due and compliance with all rules and restrictions imposed by that Licensor. You are responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the Site. SpotHero is not responsible in any way for the accuracy or suitability of any payment to any entity on your behalf.
ARTICLE V. CANCELLATIONS AND REFUNDS Reservations purchased through the Site are fully refundable up to 24 hours before the start of the reservation unless noted otherwise. Licensees can cancel a reservation for any reason before that time. Reservations purchased on partner websites are not refundable for any reason. Within 24 hours of the start of the parking reservation, all reservations are non-refundable, regardless of a Licensee’s use or non-use of the parking reservation. SpotHero understands that many Licensees use the Service to find parking for special events. SpotHero reminds Licensees that scheduled events are subject to change start times, can have an open-ended end time, and may be canceled. Licensees are held to the negotiated terms of their agreements with Licensees, as well as the terms of this Agreement, regardless of the event for which they licensed the parking spot.
ARTICLE VI. PERSONAL INFORMATION In order to access certain services on the Site, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for interaction on the Site, or as part of your continued use of the Site. You agree that any registration information that you provide on the Site is accurate. Additionally, you agree that you are responsible for maintaining the confidentiality of passwords associated with any account that you use to access the Services provided by the Site. If you become aware of any unauthorized use of your password or of your account, you agree to notify SpotHero immediately at firstname.lastname@example.org The terms of this Article will survive termination of this Agreement and your use of the Service.
ARTICLE VII. COMMUNICATIONS Postings to the Site and e-mail delivered to SpotHero are not confidential, and SpotHero is not liable for any use or disclosure of that information. All communications and other materials you submit to the Site or to SpotHero by e-mail (including, without limitation, unsolicited ideas, suggestions, or materials) are the sole and exclusive property of SpotHero and may be used by SpotHero for any purpose (commercial or otherwise) without further permission or compensation to you.
ARTICLE VIII. THIRD PARTIES When using the Services, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. Information obtained or services rendered may not be reliable. SpotHero cannot be responsible for the content or accuracy of any information obtained while using the Services, and shall not be responsible for any transaction, interaction, or contact resulting from the Services.
ARTICLE IX. INTELLECTUAL PROPERTY RIGHTS SpotHero retains any and all right, title, and interest in the elements of the Service, including but not limited to all scripts, text, user interface, registered and common law copyrights, registered and common law trademarks, registered and common law service marks, graphics and logos distinctive to the SpotHero brand. Permission is granted to electronically copy or print in hard-copy portions of this Site for the sole purpose of using this Site as a shopping resource. For any purpose other than previously stated, you may not use, copy, or otherwise distribute any such elements of the Site without SpotHero’s express written consent. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may appear within the website. The terms of this Article will survive termination of this Agreement and your use of the Service.
ARTICLE X. LIMITATION OF LIABILITY 10.1 SpotHero Users of the Service contract for services directly with other users. SpotHero is not a party to any contract formed by the use of the Service other than as provided by this Agreement. You agree that you are solely responsible for (and that SpotHero has no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for all activities that occur under your account.
BY USING THE SERVICE, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS SPOTHERO AND ITS AFFILIATES, OFFICERS, LICENSEES, LICENSORS, EMPLOYEES, AGENTS, AND PARTNERS FROM ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, AND EXPENSES INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES, FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM OR IN ANY WAY CONNECTED TO YOUR USE OF THE SERVICE INCLUDING BUT NOT LIMITED TO ANY CLAIMS RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, VIOLATION OF ANY TERM OF THIS AGREEMENT, CONDUCT OR CONTENT OF ANY OTHER USERS OF THE SERVICE, AND UNAUTHORIZED USE OF CONTENT. THESE LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
10.2 Licensor The Licensor is not responsible for theft, vandalism, acts of god, weather or any damage done by a third party or by the Licensee to the Licensee’s vehicle while parked, attempting to park, or attempting to exit from the parking spot. The Licensee waives all claims of liability against the Licensor for any damage or injury to the Licensee, the Licensee’s vehicle, and the Licensee’s passenger or passengers that might or does occur while the Licensee is entering, parking, parked in or exiting the parking spot premises. The Licensee takes responsibility for any parties involved in injuries, or any damage caused to Licensee’s property or the property of another caused by the Licensee once on the private premises. The duration of the reservation is subject to negotiation between users. In the event that the Licensee does not remove his or her vehicle from the parking spot within 15 minutes after the reservation’s designated end time, the Licensee runs the risk of being towed and accepts full responsibility for costs associated with the tow of the Licensee’s vehicle. The terms of this Article shall survive termination of this Agreement and your use of the Service.
ARTICLE XI. DISCLAIMER OF WARRANTIES You agree that the use of the Service is at your own risk. SPOTHERO provides the Service on an “AS IS” and “AS AVAILABLE” basis WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILIY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SPOTHERO EXPRESSLY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SERVICE. SPOTHERO EXPRESSLY DISCLAIMS ANY WARRANTIES FOR ANY SERVICES OR PRODUCTS YOU MAY RECEIVE FROM OTHER USERS OF THE SERVICE. THESE DISCLAIMERS OF WARRANTY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. The terms of this Article shall survive termination of this Agreement and your use of the Service.
ARTICLE XII. INDEMNITY By using the Service, you agree to indemnify SpotHero and its affiliates, officers, licensees, licensors, employees, agents, and other partners for any claims or demands (including but not limited to attorney fees and court costs) made by any third party arising from your use of the Service, your violation of this Agreement, or your breach of any representations and warranties herein. The terms of this Article shall survive termination of this Agreement and your use of the Service.
ARTICLE XIII. CONDUCT By using the Service, you agree to the following covenants and guarantees: (i) Due Care. The Licensee guarantees that the Licensee will enter and exit the parking spot with due care and caution for the premises, the persons, and the vehicles on the premises at all times. The Licensee’s failure to exercise due care while accessing (including by foot) the parking spot is solely the fault of the Licensee. Neither SpotHero nor the Licensor is liable for any injury resulting from open and obvious conditions. (ii) Impersonation. You shall not impersonate others through the Service in a manner that does or is intended to mislead, confuse, or deceive other users of the Service regarding your identity. (iii) Illegal Activities. You shall not use the Service to solicit, enable or perform illegal acts or to deliver illegal products to other users of the Service. It is illegal to operate a motor vehicle while intoxicated and, in many jurisdictions, to use a cell phone while driving. SpotHero does not endorse driving under the influence or using cell-phones while driving. Please drive responsibly. (iv) Disruption. You shall not engage in any activity that interferes with or disrupts the services provided by the Site (or the servers and networks which are connected to the Site). You shall not transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature. (v) Intellectual Property Rights. You shall not use the Service to display any content that violates the intellectual property rights of any user or third party. (vi) Spam. You shall not use the Service to distribute unsolicited commercial advertisements of a nature typically characterized as spam, including but not limited to hyperlinks provided by commercial advertisement agencies. You shall not use any robot or spider to collect information about users for any unauthorized purpose. (vii) Privacy. You shall not use the Service to infringe on the privacy of others by posting confidential information including but not limited to credit card numbers, social security numbers, residential or business addresses, e-mail addresses, or other personally identifiable information without their express authorization. (viii) Abusive Content. You shall not use the Service to display content that does or is intended to harass, defame, threaten, or otherwise abuse others. (ix) Pornographic Content. You shall not use the Service to display Content that is pornographic in nature.
ARTICLE XIV. TERMINATION OF SERVICE SpotHero reserves the right, in its sole discretion and without prior notice, to terminate your account or otherwise limit your use of the Service for any reason including but not limited to any violation of this Agreement. SpotHero reserves the right to decide whether your conduct has violated any terms of this Agreement.
SpotHero reserves the right to remove or otherwise alter any content you submit to the Service without your permission.
ARTICLE XV. AGENCY AND EMPLOYMENT Users of the Service contract for services directly with other users. SpotHero is not a party to any contract formed by the use of the Service other than as provided by this Agreement.
This Agreement is not a contract for employment. No agency relationship exists between you and SpotHero or its affiliates, officers, licensees, licensors, employees, agents, and other partners.
ARTICLE XVI. COPYRIGHT POLICY SpotHero respects the intellectual property rights of others and will take active steps to remove any materials that infringe on others’ copyrights. If you believe any content posted by users of the Service infringe on your copyrights please send the SpotHero Copyright Agent a notice of the alleged infringement with the following details: 1. Reasonably sufficient details to enable SpotHero to identify and locate the allegedly infringing material; 2. An explanation of why you believe the material is infringing, and a hyperlink to an electronic source or the title of the book or periodical where the original copyrighted material is published; 3. An address, telephone number, and e-mail where you can be reached; 4. A statement that you have a good faith belief that the use of the allegedly infringing material in the manner complained of is a violation of copyright law; 5. A statement that the information in your notification is accurate and that you are authorized to act behalf of the copyright owner; and
ARTICLE XVII. MISCELLANEOUS This Agreement constitutes the entire agreement between you and SpotHero, and supersedes any prior written or oral agreements. All state, federal, and local laws supersede this Agreement if contradictory. If any term in this Agreement is held invalid or unenforceable, the invalid or unenforceable term should be stricken and the remainder of the Agreeement shall be construed as to reflect, as nearly as possible, the original intentions of the parties, and the remaining terms shall remain in full force and effect. SpotHero’s failure to enforce any term in this Agreement will not constitute a waiver of that or any other term in this Agreement. This Site is operated by SpotHero Inc., a corporation organized under the laws of Illinois and located in Illinois. SpotHero makes no representation that the information and materials in this Site are appropriate or available for use in other locations. The parties consent to the exclusive jurisdiction of the state courts of Cook County, Illinois or of the United States District Court for the Northern District of Illinois and irrevocably agree that all actions or proceedings relating to this Agreement will be litigated in such courts. The parties waive any objection based on improper venue or forum non conveniens.