Date of Last Revision: May 3, 2016
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR USING OUR WEBSITES, MOBILE APPLICATIONS OR ONLINE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED BY REFERENCE. DO NOT USE OUR WEBSITES, MOBILE APPLICATIONS OR ONLINE SERVICES IF YOU DO NOT AGREE TO ALL OF THESE TERMS.
These Terms and Conditions (“Terms”) apply exclusively to your access to, and use of the websites, mobile applications and online services (collectively, the “Sites”) of SPACES (referred to as “SPACES” or “we,” “us” or “our”) 1. If you are using the Sites on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to indemnify you and SPACES for its violations of these Terms.
SPACES may amend the Terms related to the Services from time to time. Amendments will be effective upon SPACE’S posting of such updated Terms at this location. Your continued access or use of the Sites after such posting constitutes your consent to be bound by the Terms, as amended.
If you have any questions regarding the use of the Sites, please refer to the Contact Us page on parkwithspaces.com. All other questions or comments about the Sites or their contents may be directed to customer service by emailing us at email@example.com.
Limitations of Service
The service provided by SPACES is limited to: (i) informing our customers of the location and apparent availability of parking, and (ii) providing customers the ability to check in and out of participating parking facility and submit payment via mobile device. Despite the convenience of our service, the decision to utilize parking information remains your sole responsibility and you solely assume any and all risk, liability and/or damage. The allocation of parking spaces within a lot is solely in the control of the operator of the parking facility (or uncontrolled if not attended). We disclaim any and all responsibility for any liability, loss, damage, injury, harm, or other consequences arising from the lack of suitable parking. In all cases the parking arrangement will be governed by the agreement with the operator of the parking facility as posted at their location or provided to you by them.
For clarification, SPACES does not:
- Provide a parking service, operate a parking lot or otherwise accept custody of any motor vehicles. The foregoing services are solely provided by other third parties, and operators of parking facilities are in no way our agents or acting in our behalf;
- Accept any responsibility whatsoever regarding the safety of persons or property in the locations selected by our customers;
- Warrant that the Internet, any of our Sites or any email from us is free of ‘viruses’ or other potentially harmful effects;
- Endorse the use of cell-phones while driving;
- Guarantee the availability of a specific parking spot in the location you selected; or
- Assume any responsibility whatsoever for the consequences of not being able to park or delays associated with parking.
Eligibility, Registration and Account
In order to use most aspects of the Sites, you must register for and maintain an active personal user account (“Account“). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit certain personal information, such as your name, address, mobile phone number, and vehicle information, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Sites or SPACE’s termination of the Service with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Promptly notify SPACES if you discover or otherwise suspect any security breaches related to the Sites. Each account must have a unique email address.
User Requirements and Conduct
Using our Sites does not give you ownership of any intellectual property rights in our Sites or the content you access. You may not use content from our Sites unless you obtain permission from its owner or are otherwise permitted by law. These Terms do not grant you the right to use any branding or logos used in our Sites.
Most of our Sites are available on mobile devices. Do not use Sites while operating a motor vehicle or in any way that distracts and/or prevents you or others from obeying traffic or safety laws.
You agree that you will not violate any law, contract or intellectual property or other third party right or commit a tort. You also agree not to:
- Use the Sites in any unlawful manner or in any manner that could damage, disable, overburden or impair the Sites;
- Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Sites or to extract data;
- Reverse engineer any aspect of the Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Sites (except as otherwise expressly permitted by law);
- Use or attempt to use another’s account without authorization from SPACES;
- Attempt to circumvent any content filtering techniques we employ or access any service or area of the Sites that you are not authorized to access;
- Engage in any harassing, intimidating, predatory or stalking conduct;
- Develop any third-party applications that interact with User Content and our Sites; or
- “Frame” our Sites or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose.
SPACES is not responsible or liable for the conduct of, or your interactions with, users of the Sites (whether online or offline), nor is SPACES responsible or liable for any associated loss, damage, injury or harm.
Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Sites. Your mobile network’s data and messaging rates and fees may apply if you access or use the Sites from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Sites and applications and any updates thereto. SPACES does not guarantee that the Sites, or any portion thereof, will function on any particular hardware or devices. In addition, the Sites may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Pricing and Availability
SPACES does not set the parking prices, operate the parking facilities or determine parking availability. All prices are shown in U.S. dollars; taxes are included unless otherwise noted; any applicable oversize vehicle fee is included in the displayed rate unless specifically broken out; convenience fees are additional. Rates quoted on our site are for the specific vehicle, arrival time and duration selected; any changes to those parameters can change the ultimate rate charged. All parking spaces are subject to availability as determined by the parking facility. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the Sites. Prices displayed on the Sites may vary from those in the facility or from facility-advertised prices.
Agreement to Conduct Transactions Electronically; Copies
You agree that all of your transactions with or through the Sites may, at our option, be conducted electronically from start to finish. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you.
Payment; Credit for Refunds
After you have received services obtained through your use of the Sites, SPACES will facilitate your payment of the applicable charges on behalf of the parking facility, as such parking facility’s limited payment collection agent. Payment of the charges in such manner shall be considered the same as payment made directly by you to the parking facility. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by SPACES.
All charges are due immediately and payment will be facilitated by SPACES using the preferred payment method designated in your Account, after which the SPACES app will display a printable or emailable receipt. By submitting your payment, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your payment (including taxes, convenience fees, and any other amounts described on the Sites) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable (as determined by SPACES in its sole and absolute discretion), you will be required to pay the facility directly. Any refunds will be credited to the same card or, in our discretion, other method.
SPACES may, in SPACE’s sole and absolute discretion, create promotional codes (“Promo Codes“) that may be redeemed for parking discount or Account credit. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by SPACES; (iii) may be disabled by SPACES at any time for any reason without liability to SPACES; (iv) may only be used pursuant to the specific terms that SPACES establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. SPACES reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that SPACES determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
We may, from time to time, send you e-mail about your user Account, general information or special offers that may be of interest to you. In most cases, we will give you an opportunity to accept or decline the receipt of promotional e-mail.
Ownership of the Sites
All intellectual property rights in the Sites and related content is property of SPACES. The Sites and their entire contents, features, and functionality (including but not limited to all information, software, code, HTML, text, displays, images, graphics, artwork, photographs, video and audio, and the design, selection and arrangement thereof) are owned by SPACES or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. No ownership interest is transferred to you or any other entity by virtue of your use of the Sites.
“SPACES,” the SPACES logo and other SPACES product or service names, logos or slogans that may appear on the Sites are trademarks or registered trademarks of SPACES and its subsidiaries and may not be copied, imitated or used, in whole or in part, without the prior written permission of SPACES or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “SPACES” or any other name, trademark or product or service name of SPACES without our prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of SPACES and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by SPACES.
If you believe that anything on the Sites infringes upon any trademarks which you own or control, you may file a notification of such infringement with our designated agent as set forth in Section 4. A proper notification should contain the same elements required for copyright complaints (please see 17 U.S.C. §512(c)(3)).
One or more patents may apply to the Sites and to the features and services accessible via the Sites.
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 agent listed 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. SPACES may also, in its sole and absolute discretion, limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything on the Sites infringes upon any copyright which you own or control, you may file a notification of such infringement with our designated agent as set forth below.
Name of Designated Agent:
SPACES, 205 East 42nd Street, 15th Floor, New York, NY 10017
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should also note that if you make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Sites, electronic mail to a user’s email address in our records or by written communication sent by first-class mail to a user’s address in our records.
Third Party Services and Content
Except as expressly provided, the Sites, Site content, user content and services provided on or in connection with the Sites (collectively, “Complete Site”) are provided on an “AS IS” and “WITH ALL FAULTS” basis without representations, warranties or conditions of any kind, either express or implied. WITHOUT LIMITING THE FOREGOING, SPACES 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
IN NO EVENT SHALL SPACES, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF PROFITS, ANTICIPATED SAVINGS, LOSS OF DATA OR ANY OTHER DAMAGES OF ANY KIND, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF, OR INABILITY TO USE, THE COMPLETE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY THE USER ON ANY INFORMATION OBTAINED FROM SPACES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, ACCIDENTS, DESTRUCTION OR UNAUTHORIZED ACCESS TO SPACES’ RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SPACES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO SPACES FOR ACCESS TO OR USE OF THE COMPLETE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You agree to indemnify and hold SPACES and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Sites or services obtained through your use of the Sites; (ii) your breach or violation of any of these Terms; (iii) SPACES’ use of your user content; or (iv) your violation of the rights of any third party, including third party providers.
You release SPACES 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.
Modifications to Site
SPACES reserves the right to modify or discontinue, temporarily or permanently, the Sites or any features or portions thereof without prior notice. You agree that SPACES will not be liable for any modification, suspension or discontinuance of the Sites or any part thereof.
Applicable Law and Venue
These Terms and your use of the Sites will be governed by and construed in accordance with the laws of the State of New York. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in New York, New York and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
Notwithstanding any of these Terms, SPACES reserves the right, without notice and in its sole and absolute discretion, to terminate or suspend your use or access to the Sites, or any portion of the Sites, and to block or prevent your future access to and use of the Sites or any portion of the Sites.
If any provision of these Terms shall be deemed 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.
Your Comments and Concerns
All feedback, comments, requests for technical support, and other communications relating to the Sites should be directed to: firstname.lastname@example.org.
1 The SPACES business is operated by ParcMate Corporation.