General Website Terms and Conditions
Thank you for visiting the SpotHero, Inc. (“SpotHero,” “we,” “us,” or “our”) website at SpotHero.com and associated software application(s) (collectively, the “Site”). Your use of the information, materials, text, images and other content on the Site is subject to the terms and conditions below, which we may revise from time to time without notice. Please read these terms and conditions carefully. BY ACCESSING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE GENERAL WEBSITE TERMS AND CONDITIONS (THESE “TERMS AND CONDITIONS”). PLEASE REVIEW THE FOLLOWING SECTIONS OF THESE TERMS AND CONDITIONS CAREFULLY: (A) DISPUTE RESOLUTION, (B) CLASS ACTION WAIVER, (C) LIMITATION OF LIABILITY, (D) INDEMNITY AND (E) RELEASE.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, IMMEDIATELY STOP USING THE SITE AND DO NOT USE ANY SPOTHERO SERVICE, PARTICIPATE IN ANY PROGRAM OR PURCHASE ANY PRODUCT OR OTHER GOOD OR SERVICE OFFERED THROUGH THE SITE.
If you fail to comply with these Terms and Conditions, your permission to use the Site automatically terminates and we may disable your use of the Site. The provisions of these Terms and Conditions apply equally to, and are for the benefit of, SpotHero, its subsidiaries, affiliates, Licensors, and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly.
Services: Unless expressly stated otherwise herein, the services provided by SpotHero (the “Marketing Services”) are limited to informing users of the location and potential availability of certain parking spots (“Parking Spots”) and facilitating Reservations (as defined below) by displaying Parking Spots, processing Reservations and collecting fees on behalf of Licensors (as defined below). Any fees and/or consideration paid to SpotHero is paid to SpotHero in connection with these Marketing Services unless otherwise indicated. When SpotHero receives your payment, your obligation to pay the Licensor for the Reservation is fully satisfied; provided, that you will be responsible for any other charges to the extent you incur separate or additional costs outside the scope of SpotHero’s services, including for Excluded Services, on-site at the Licensor’s facility. To be clear, SpotHero does not: (i) negotiate terms of licenses or settle disputes between users of the Site; (ii) provide a parking service; (iii) operate a parking lot or other parking facility; (iv) otherwise accept custody of motor vehicles; or (v) provide services other than the Marketing Services (collectively, “Excluded Services”). The Excluded Services are provided by Licensors who are neither our agents nor acting on our behalf and we have no responsibility whatsoever regarding the safety of persons or property in the Parking Spots or any facility where the Parking Spots are located found through use of the Site. We are not responsible for any consequences arising from the Excluded Services, including, without limitation, consequences arising from not being able to park or delays associated with parking, road closures or changing traffic conditions. Although we do not guarantee the availability of a specific Parking Spot, if a booked Parking Spot is unavailable at your time of reservation, we will attempt to locate an alternative Parking Spot, provide you with a refund and/or otherwise resolve any issues in accordance with our standard customer service policies and procedures. The Marketing Services and Site are not intended for use by persons under the age of 13. If you are under 13, you may not use either the Marketing Services or the Site. You agree to comply with all applicable laws when accessing or using our Services, and you may only access or use the Services for lawful purposes.
Licensors; Licensor Terms and Conditions: SpotHero lists the Parking Spots on the Site and, as such, facilitates the reservation of Parking Spots (“Reservations”) between users of the Site (“Licensees” or “you”), and the independent owners, lessors, managers or operators of the Parking Spots (the “Licensors”). SpotHero does not establish the prices for Parking Spots, operate Parking Spots, or determine parking availability provided by Licensors. While SpotHero makes every effort to provide accurate information regarding the Parking Spots listed on the Site, at times such information may become inaccurate and SpotHero shall not be liable for any such inaccuracy. In all cases, your utilization of a Parking Spot will be governed by Licensor’s customer agreements or policies in place from time to time, including, without limitation, all terms and conditions related to the use of any Parking Spot, any payment terms and conditions and all rules and restrictions imposed by the Licensor on the relevant parking facility and/or Parking Spot, as each may be entered into or effected in accordance with the Licensor’s standard operating procedures (the “Licensor Terms and Conditions”).
By making a Reservation, you agree in all cases to abide by the Licensor Terms and Conditions. In connection with our provision of the Services, Licensors may represent and warrant to us that they have full authority to list the Parking Spots for Reservations. We are not responsible for confirming whether any such representation or warranty is true and correct, nor are we responsible if any such representation or warrant becomes inaccurate or incomplete prior to your use of a Parking Spot. In addition, SpotHero will never be responsible for any agreement or other arrangements between you and any Licensor, regardless of whether such agreement or other arrangements are related to your booking and use of a Parking Spot.
User Accounts: In order to access certain areas of the Site, you will create a user account and login (a “User Account”). You agree that all information which you provide through the Site in connection with creating your User Account or otherwise is current, accurate and complete. You are solely responsible for all activity that occurs with respect to your User Account. You are solely responsible for maintaining the confidentiality of your User Account and keeping the username and password to your User Account secure. You agree to notify us immediately of any security breach or unauthorized use of your User Account. We will not be liable for any costs, losses, claims or damages that you or any third party incur which are directly or indirectly caused by any unauthorized use of your User Account. You agree to never use another party’s User Account without such party’s express written authorization
Use of Content: The text, images, data, illustrations, files, audio and video clips, designs, documents and other materials and content (collectively, the “Content”) on the Site is our property and may be protected by copyright and other restrictions. Copyrights and other proprietary rights in the Content may also be owned by parties other than us. You may not copy, modify, distribute or otherwise use any of the Content, except for your personal and non-commercial use. Please note that we may withdraw any Content from the Site at any time in our sole discretion.
User Warranty: By downloading, printing, or otherwise using any of the Content, you agree that you will (i) restrict your use of such Content to personal and non-commercial use, (ii) comply with all of these Terms and Conditions, and (iii) not violate our rights or the rights of any other person or entity. We do not warrant that use of any of the Content will not infringe the rights of third parties.
Commercial Use is Restricted: Unauthorized commercial publication or exploitation of text, images, documents, materials or any other Content is prohibited without our express written consent. If you wish to use any of the Content for commercial use, publication, or any purpose other than personal use, you must obtain our express written permission prior to such use. We may, in our sole discretion, grant permission for such use on a case-by-case basis and we may charge a usage fee for such use. Without limitation of the foregoing, you agree that you may not sell, convey, license, sublicense, or resell or attempt any of the foregoing.
Fees and Payments: You are responsible for all charges, fees, duties, taxes, and assessments arising out of any Reservation, the use of a Parking Spot, the Marketing Services or the use of the Site. You agree to pay to SpotHero all fees for SpotHero’s provision of the Marketing Services, in accordance with the pricing and payment terms presented to you for such Marketing Services. Your payment of such fees constitute payment to the Licensor solely for purposes of making a Reservation. Where applicable, you will be billed using the billing method you select through your User Account management page. Except as provided in these Terms and Conditions or when required by law, all fees paid by you are non-refundable and SpotHero may change the fees for any Marketing Services, including any Marketing Services billed pursuant to a Subscription (as defined below), at any time.
Subscriptions: In the event that any of the Marketing Services are billed on a Subscription basis (“Subscriptions”), you will be billed in advance on a recurring, periodic basis (each period, a “Billing Cycle”). Billing Cycles are typically monthly or annual, depending on what Subscription you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each Billing Cycle unless you cancel auto-renewal through your User Account management page, or by contacting our customer support team. While we will be sad to see you go, you may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of the then-current Billing Cycle before terminating. If SpotHero changes the fees for any Marketing Services billed pursuant to a Subscription, the change will become effective only at the end of the then-current Billing Cycle. SpotHero will provide you with reasonable prior written notice of any change in fees to give you an opportunity to cancel your Subscription before the change becomes effective.
Taxes and Overage Fees: In connection with facilitating your transaction, SpotHero will charge your credit card for the total price displayed at checkout, which includes the amount for your reservation of the Parking Spot(s), a fee retained by SpotHero for providing their services in facilitating the Reservations (if applicable), additional fees that may be applicable to certain reservations, and all anticipated applicable taxes. SpotHero, at its discretion, retains a service fee as compensation for facilitating reservations and for providing Marketing Services. For certain transactions, SpotHero may charge a service fee that is an amount paid to SpotHero for your use of the SpotHero Marketing Services and for SpotHero’s processing of your Reservation as set forth in these Terms and Conditions. The amounts paid to the Licensors in connection with your reservation include all anticipated applicable taxes for the Parking Spot(s). The Licensors are responsible for remitting applicable taxes to the applicable taxing jurisdictions. SpotHero is not a vendor collecting and remitting taxes to the applicable taxing authorities nor a co-vendor associated with the vendor with whom SpotHero customers are submitting the reservation for the Parking Spots. If you are required by law to withhold any Taxes from your payments to SpotHero, you must provide SpotHero with an official tax receipt or other appropriate documentation to support such payments. Unless otherwise stated, any overage fees incurred by you will be billed in arrears on a monthly basis. Overage fees which remain unpaid for 30 days after being billed are considered overdue. Failure to pay overage fees when due may result in the applicable service being limited, suspended, or terminated (subject to applicable legal requirements), which may result in a loss of your data associated with that service.
Cancellations and Refunds: Reservations purchased through the Site are cancellable in accordance with (a) SpotHero’s cancellation policy in effect at the time of booking and as more fully described at https://spothero.com/faq/ (as may be updated by SpotHero from time to time) (“Cancellation Policy”) or (b) any specific cancellation policies or restrictions stated in the Parking Spot details on the Site or on your parking pass. In the event of any conflict between the Cancellation Policy and any statements in the Parking Spot details on the Site or your parking pass, the specific policies and restrictions in the Parking Spot details or your parking pass shall control. Following the start of the Reservation, all Reservations are non-refundable, regardless of your use or non-use of the Reservation and regardless of any circumstance surrounding the use or non-use of a Reservation (i.e., traffic or weather delays, cancellation of a related event). If, for whatever reason, an error occurs in regard to any fee for Marketing Services, a Reservation, and/or a Parking Spot, SpotHero may, in its sole discretion, void a Reservation related to that error and refund appropriate monies paid in connection therewith.
SpotHero may from time to time partner with third parties (“Partner”), and Reservations purchased on Partner websites are not refundable for any reason.
Promotional Marketing Incentives: SpotHero may from time to time issue promotional marketing incentives in the form of promotional codes, promotional discounts, coupon codes, Referral Credits (as defined below) or other marketing incentives (“Marketing Incentives”). The Marketing Incentives are given for no exchange of value or other consideration and you therefore have no ownership interests or rights in the Marketing Incentives. For this reason, SpotHero reserves the right to deactivate any Marketing Incentive at any time and for any reason, including, but not limited, to mistake, failure to maintain an updated online account, unauthorized use or suspicion of fraud or abuse of any promotional program or Marketing Incentives. Further, SpotHero reserves the right to terminate or discontinue any promotional program or other program offering Marketing Incentives at any time.
Referral Program: If you choose to use our referral program (“Referral Program”) to tell a third party (the “Referral”) about the Site in exchange for the opportunity to earn promotional codes for Marketing Services(“Referral Promotional Codes”), we will ask you for the Referral’s name, email address and other information. We will automatically send the Referral a one-time email inviting the Referral to visit the Site. We store the Referral’s information for the purpose of sending this email and tracking the success of our referral program. You may only earn Referral promotional codes totaling up to $200 within one year of earning your first referral reward. Once you have reached the $200 limit (which limit may be increased or decreased at any time in SpotHero’s sole discretion), you will no longer receive promotional codes for any Referrals until one year after your first earned reward. SpotHero reserves the right to deactivate any Referral promotional codes at any time and for any reason, including, but not limited to, mistake, failure to maintain an updated online account, unauthorized use or suspicion of fraud or abuse of the Referral Program or the Referral promotional codes in any way. Referral promotional codes are given for no exchange of value or other consideration, and are strictly promotional vouchers with no monetary value. Referral promotional codes must be redeemed by you or the Referral, as applicable, within 18 months after provided by SpotHero to you or the Referral, as applicable, or they shall be forfeited. Further, SpotHero reserves the right to terminate or discontinue the Referral Program at any time. Notwithstanding the foregoing, SpotHero may administer the Referral Program itself or may use a third party service to fulfill referral promotions at its discretion. In the event that SpotHero uses a third party service to administer its referral program, participation in such program shall be subject to the program terms and conditions provided through such third party service.
Reservation Rates: The rate for a Reservation made on the Site may not be combined with any additional coupons, special offers or other promotion when exiting a parking facility after using the Parking Spot underlying a Reservation. Special discounts do not apply.
Trademarks: Names, titles, trademarks, service marks, and logos (collectively, the “Trademarks”) displayed on the Site are our registered and/or unregistered common law trademarks or those of third parties. Nothing contained in the Site should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the Site without our express written permission or that of the appropriate third party that owns the Trademark. Except as permitted by these Terms and Conditions, any unauthorized use of the Trademarks is prohibited.
Digital Millennium Copyright Agent: For purposes of the Digital Millennium Copyright Act (“DMCA”), we have designated an agent for notices of claimed infringement. If you have any objections governed by the DMCA, please contact the DMCA agent listed under the Section entitled “Contact Information” below. We provide this contact information for purposes of the DMCA only and reserve the right to respond to communication that is relevant for this purpose. All inquiries not relevant to or not complying with the following procedure will receive no response.
We will process and investigate properly submitted notices of alleged infringement and will take appropriate actions under the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our agent with the following information: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Site; (d) your address, telephone number, and email address and all other information reasonably sufficient to permit SpotHero to contact you; (e) 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; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
FTC Disclosure Policy: The Federal Trade Commission requires us to disclose any relationship we may have with any person or entity that provides something of value in connection with any endorsements made on the Site. No such advertising, sponsorship, paid insertions or other forms of compensation for endorsements are made to us in connection with the Site.
We are not compensated to provide an opinion or an endorsement on products, services, websites and various other topics. The views and opinions expressed on the Site are purely our views and opinions or those of the users of the Site who maintain User Accounts (as defined below). If we claim or appear to be an expert on a certain topic or product or service area, we will only endorse such products or services that we believe, based on our expertise, are worthy of such endorsement, and we shall not be compensated for such endorsement.
Links to Third Party Websites and Employee E-Mail Addresses: The Site may contain links to third party websites. The linked sites are not under our control and we are not responsible for the contents of any linked website, nor do we make any representation or warranties with regard to any other website that you may access through the Site. These links are provided as a convenience only and shall not be construed as our endorsement of, sponsorship of, or affiliation with a linked website. The Site may also contain links to the e-mail addresses of various employees for purposes of feedback and communication regarding the Site and our products and services. By clicking on a link to an employee’s e-mail address, you leave the Site and enter into a restricted access area which these terms and conditions do not govern. We assume no responsibility or liability with respect to your entering such restricted access areas.
Third Party Solicitations: Providing third parties with links to our Site is prohibited unless you obtain our prior written consent. If you arrive at the Site from a third party link or as a result of any of the prohibited solicitations described in this paragraph below, please note that such link to or solicitation for the Site does not imply a relationship with, or endorsement of, the third party website or its content, purpose, policies or practices. Other than any programs specifically sanctioned by SpotHero (such as our referral program), you agree not to engage in solicitation activities on our behalf for any reason, including activities that refer potential customers to, such as distributing flyers, coupons and other printed promotional materials or their electronic equivalents; engaging in verbal solicitation (e.g., in-person referrals); initiating telephone calls, and sending e-mails. In the case of any programs specifically sanctioned by SpotHero, you agree to at all times abide by the terms and conditions of such programs.
Administration; APIs; Enterprise Partners. If you are a Site user as part of any group participation, your travel administrator may administrate your use of the Site (“Administrator”). The Administrator may have the ability to access and control your User Account. As such, your Administrator may have access to information about your User Account and other information that you provide to the Site, and may input information into the Site and your User Account on your behalf. Your relationship with any Administrator is governed by the terms and conditions of any agreement or policies between yourself and the Administrator, and you agree that by using the Site with an Administrator, we will have no liability for the data, itineraries or other information provided by the Administrator or for any actions, non-actions or omissions of such Administrator. If you create a Business Profile, you will have the option to designate a Reservation as a business reservation. If you do so, and your organization has a corporate account with us, we may share information about such Reservations with your organization, including Reservation details such as date, time, charge, location and other information that you provide to us. If you change organizations, it is your responsibility to update your Business Profile with the new information. If you integrate your account with an expense platform (like Concur), we will share the Reservation details to your expense account. If you participate in an enterprise program and charge a ride to your organization’s billing method or credits, we will provide your organization’s account holder with information about your use of the Site, including Reservation details such as date, time, charge, location and other information that you provide to us.
You may also decide to give third parties access to your information and User Account via application programming interfaces (“API”). Any use by APIs of your information will be governed by the privacy policies and terms of such APIs.
Non-Malicious Use: You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Site in a manner that sends more request messages to the Site’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site, for any commercial solicitation purposes. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content.
SpotHero reserves the right to grant the operators of public search engines permission to use spiders to copy materials from the Site for any uses which we determine are necessary or desirable for the operation of our business.
User Submissions: You agree that any information you provide through the Site will be truthful, accurate and complete. You represent and warrant that you own any information provided through the Site or otherwise have appropriate authority to provide any such information through the Site. All information that you submit to us through the Site shall be deemed and remain our property and we may use, for any purpose, any ideas, concepts, know-how or techniques contained in such information. We have no obligations regarding such information or otherwise specifically agreed to in a separate writing or required by law. You acknowledge and agree that you will not provide any information or material to us or the Site that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another person or entity.
Notice Required: We are not required to collect, and do not collect Oklahoma, South Dakota and Vermont sales or use tax. Any purchase made is subject to Oklahoma, South Dakota and Vermont use tax unless it is specifically exempt from taxation. The purchase is not exempt merely because it is made over the internet, by catalog or other remote means. The States of Oklahoma, South Dakota and Vermont, require all resident purchasers to report all purchases that were not taxed and pay tax on those purchases. The tax may be reported and paid on the individual income tax return for each state or by filing a consumer use tax return. All use tax forms and corresponding instructions are available on the website of each state’s Department of Revenue: for Oklahoma, www.tax.ok.gov; for South Dakota, www.state.sd.us; and for Vermont, www.state.vt.us/tax, as they may change from time to time.
Termination: We reserve the right to suspend or terminate your use of the Marketing Services and/or your User Account in the event you violate any provision of these Terms and Conditions or if you use SpotHero services in a fraudulent manner. Furthermore, we may terminate or suspend access to all or part of this Site at any time, without notice or for any reason.
Limited Access: From time to time, the Site may be inaccessible or inoperable for any reason, including equipment malfunctions, Site updates, maintenance and repairs and causes beyond our control or those that are not foreseeable. We make no guarantees with respect to the availability or uptime of the Site, the Content or access to Reservations. We may conduct maintenance on any of the foregoing at any time with or without notice to you.
Electronic Signatures and Contracts: Your use of the Site includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
Disputed Charges and Reversals: If you believe that an unauthorized transaction has taken place under your User Account, you agree to notify us immediately. You are responsible for and agree to reimburse us for all reversals, claims, fees and other liability or expense incurred by us that were caused by payments that you authorized or accepted.
WARRANTY DISCLAIMERS: THE INFORMATION AND DESCRIPTIONS CONTAINED ON THE SITE ARE NOT INTENDED TO BE COMPLETE DESCRIPTIONS OF ALL TERMS, EXCLUSIONS AND CONDITIONS APPLICABLE TO EVERY PRODUCT OR SERVICE SPOTHERO OFFERS, BUT ARE PROVIDED FOR GENERAL INFORMATIONAL PURPOSES. SPOTHERO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE CONTENT ON THE SITE IS SUITABLE FOR YOUR NEEDS, IS COMPLETE, TIMELY OR RELIABLE. ALL TEXT, IMAGES AND OTHER CONTENT ON THE SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND/OR NON-INFRINGEMENT. SPOTHERO DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL CODE, OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED.
GENERAL DISCLAIMERS: SPOTHERO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR (I) ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE SITE, (II) DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THE SITE OR YOUR DOWNLOADING OF ANY TEXT, IMAGES OR OTHER CONTENT FROM THE SITE, OR (III) ANY DAMAGE ARISING IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, OR LINE OR SYSTEM FAILURE.
LIMITATION OF LIABILITY: SPOTHERO, ITS AFFILIATES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES WILL HAVE NO LIABILITY FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, COMPENSATORY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES (EVEN IF SPOTHERO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RELATING TO THE USE OF, RELIANCE ON OR INABILITY TO USE THE SITE OR THE CONTENT OR MARKETING SERVICES PROVIDED ON OR RECEIVED FROM THE SITE. PLEASE NOTE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SPOTHERO’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE GREATER OF (1) THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO SPOTHERO FOR USE OF THE SERVICES OVER THE PRIOR YEAR; OR (2) ONE HUNDRED DOLLARS ($100).
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Indemnity: You agree to indemnify and hold us, our managers, members, officers, employees, agents and representatives harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees and costs, due to or arising out of (i) your use or misuse of the Site; (ii) your breach of these Terms and Conditions; (iii) your breach of any Licensor Terms and Conditions; or (iv) your violation of any third party right.
Release: You release us and our manager(s), officers, member(s), employees, agents, representatives and licensors from any and all claims, demands, losses and damages of every kind and nature, whether known or unknown, arising out of or in any way relating to the Site, your use of the Site, other users’ use of the Site and any dispute or defense you have or claim to have against us or one or more users of the Site.
SMS Messaging: Pursuant to authorization granted by you either through your use of one of SpotHero’s web-forms, or through the use of the Marketing Services to make Reservations, SpotHero may use your mobile phone number or similar contact information to send text message(s) via automatic dialing technology. SpotHero only uses such phone numbers and/or contact information to provide Marketing Services and to facilitate your use of Reservations. For example, SpotHero may send you a text message containing a parking pass or other information allowing you to access a Parking Spot or parking facility. Additionally, SpotHero may send you a text message containing a link to download a copy of its software application, based upon your request via a web form.
Reservation of Rights: We specifically reserve all rights that we do not expressly grant in these Terms and Conditions. Nothing on the Site or in these Terms and Conditions grants any right or license to use any property of any third party.
Contact Information: If you wish to contact us regarding (i) information on our products and services, (ii) permission to reproduce or use any Content on the Site, (iii) notices of claimed infringement under the DMCA, or (iv) any other reason, please contact:
125 S. Clark St., Suite 1300
Chicago, Illinois 60603
Severance and Waiver: You acknowledge and agree that in the event any provision of these Terms and Conditions is held by a court to be invalid, unlawful, or unenforceable, the validity, legality, and/or enforceability of the remaining provisions contained in these Terms and Conditions will not in any way be affected or impaired. Our failure to exercise or enforce any right or provision under these Terms and Conditions will not constitute a waiver of such right or provision by us.
Dispute Resolution: SpotHero is committed to customer satisfaction, so if you have an issue or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in this section. You agree to give us an opportunity to resolve any Disputes (as defined below) by contacting “SpotHero Legal Department: Arbitration Claim Manager”, at 125 S. Clark St. Suite 1300, Chicago, IL 60603. If we are not able to resolve your Dispute within 60 days after the day we receive your written notice, you may seek relief through arbitration or in small claims court, as set forth below.
Except as specifically stated in this “Dispute Resolution” Section, any dispute, claim or controversy between you and SpotHero and/or its subsidiaries, affiliates, and/or any of their respective members, officers, directors, and employees (all such entities collectively referred to herein as the “SpotHero Entities”) arising out of, relating in any way to, or in connection with the Terms and Conditions, the Site or your use of the Site, or your Personal Information, including those that arose before you accepted these Terms and Conditions, regardless of whether prior versions thereof required arbitration (“Dispute(s)”), shall be resolved exclusively by final, binding arbitration; except that you may bring a qualifying claim over a Dispute in a small claims court. By virtue of this Dispute Agreement (as defined below), you and SpotHero are each giving up the right to go to court and have a Dispute heard by a judge or jury (except as otherwise set forth in this Section). The provisions of this Section shall constitute your and SpotHero’s written agreement to arbitrate Disputes under the Federal Arbitration Act (“Dispute Agreement”). The arbitration will be administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to its rules, including, without limitation, the AAA’s Consumer-Arbitration Rules, available at https://www.adr.org/consumer. The arbitrator will apply and be bound by this Agreement, apply applicable law and the facts, and issue a reasoned award, if appropriate. Under no circumstance shall punitive damages be awarded in the arbitration. Any award rendered in such arbitration proceedings shall be final and binding on each of the parties, and judgment may be entered thereon in a court of competent jurisdiction.
To begin an arbitration proceeding, you must submit the Dispute by utilizing the forms available at https://www.adr.org/consumer, and simultaneously sending a copy of the completed form to the following address: National Registered Agents Inc., 208 S. LaSalle Street, Suite 814, Chicago, IL 60604. If we request arbitration against you, we will give you notice at the email address or street address you have provided. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. If requested by you, SpotHero will reimburse those fees for Disputes totaling less than $10,000 unless the arbitrator determines the Dispute is frivolous. Likewise, SpotHero will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the Dispute is frivolous. The arbitration will be conducted based upon written submissions unless you request, and/or the arbitrator determines, that a telephone or in-person hearing is necessary. In addition, you hereby unconditionally agree that (1) the arbitrator’s decision shall be controlled by these Terms and Conditions and any of the other agreements referenced herein that you may have entered into in connection with the Site; (2) the arbitrator shall apply Illinois law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; and (3) in the event the AAA is unavailable or unwilling to hear the Dispute, you and the applicable SpotHero Entity(ies) shall agree to, or a court shall select, another arbitration provider.
Notwithstanding anything to the contrary in this Dispute Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property, or any illegal or intentional act affecting the accessibility, functionality, or the security of the Site, and/or any illegal or intentional act against your interests or the general business interests of SpotHero.
You agree that regardless of any statute or law to the contrary, any Dispute must be filed within one year after such claim arose or it will be forever banned.
Jury Trial Waiver: You and SpotHero each acknowledge and agree that, if for any reason a Dispute proceeds in court rather than in arbitration, we each waive any right to a jury trial.
Class Action Waiver: You and SpotHero each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated, or representative action and that the arbitrator may award relief (including injunctive relief) only on an individual basis. The arbitrator does not have the power to vary these provisions.
Venue and Choice of Law: These Terms and Conditions are governed by the laws of the State of Illinois, without regard to its conflicts of laws principals. If, for any reason, a Dispute proceeds in court rather than arbitration: (i) except with respect to a qualifying claim over a Dispute in a small claims court, which you shall have the right to bring in a court of competent jurisdiction in the county in which you reside, you and SpotHero agree that any Dispute may only be instituted in a state or federal court in Cook County, Illinois/Northern District of Illinois; and (ii) you and SpotHero irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes. You and SpotHero agree that the Federal Arbitration Act, the AAA rules, applicable federal law, and the laws of the State of Illinois, without regard to its conflict of laws principles, will govern the Dispute Agreement and any Disputes.
Entire Agreement: You agree that these Terms and Conditions constitute the entire agreement between you and us with respect to your use of the Site. You agree that these Terms and Conditions supersede any other agreements between you and us with respect to your use of the Site. No agency, partnership, joint venture, employee-employer or franchisee-franchisor relationship is intended or created by these Terms and Conditions, your use of the Site, or any actions by any Licensor with respect to the Site or associated software applications.