© 2019 by Sweet Spot Parking

MISSION

SweetSpot delivers parking spots from the Parking Operator to the screens of customers who reserve parking online through the Property Brand’s application and or the SweetSpot mobile app.

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Agreement to Terms

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “your”), and ParkAhead, Inc. and its Affiliates (“we”, “us”, “our”, “Sweetspot”, or “ParkAhead”) concerning your access to and use of the sweetspotparking.com website, www.park-ahead.com website, and any services, products, mobile website, and/or mobile application related, linked, or otherwise connected thereto such websites (collectively, the “Site”).

You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the Site and you must discontinue use immediately. Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason.

We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is intended for users who are at least 15 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site.

 

INTELLECTUAL PROPERTY RIGHTS 

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. We are the sole owner of any derivatives, new versions, enhancements, updates, changes, etc. of the Content, Marks, and the Site, even if wholly or partially based upon your ideas, comments, suggestion, questions, requests, and the like. 

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

 

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

Portions of Site may provide you with an opportunity to post and exchange information, ideas and opinions. Be advised that such postings do not reflect the views of Sweetspot. In no event shall we assume or have any responsibility or liability for the postings or for any claims, damages or losses resulting from any other posting use and/or appearance on the Site.

 

USER REPRESENTATIONS

By using the Site, you represent and warrant that: 

  • all information related to your Account you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary;

  • you have the legal capacity and you agree to comply with these Terms of Use;

  • you are at least 15 years of age and you are authorized to provide information to us through the Site, install the Site, and open an Account;

  • not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site;

  • you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; 

  • you will not use the Site for any illegal or unauthorized purpose;

  • your use of the Site will not violate any applicable law or regulation; and

  • you will always drive vigilantly, safely, and prudently according to road conditions and in accordance with all traffic laws while using the Site. The following requirements are not the only rules or practices which pertain to vigilant, safe, and prudent driving and, our failure to include a rule or a practice is not to be taken as a consent or suggestion that the violation of such rule or a practice is acceptable:

  • while driving, it is forbidden for you to non-verbally interact with the Site or use the Site in a non-verbal manner for any purpose other than navigation to a parking venue (so long as such interaction does not distract your attention from the road or interfere with safe driving); 

  • using the Site to conduct searches, parking transactions, purchases, or payments is only to be done after you have stopped your vehicle in a safe and appropriate location as permitted by law; and

  • using the Site to conduct searches, parking transactions, purchases, or payments may be done by your passenger, provided it does not distract your attention to the road and does not interfere with safe driving.

 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). 

 

 

CREATING YOUR ACCOUNT 

You may be required to create an Account with us via the Site. You agree to keep your password confidential and will be responsible for all use of your Account and password. You may change settings and change, update, or delete information you provide by using the Site. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. 

 

 

YOUR USE OF THE SITE 

You are responsible for providing and agree to (i) provide us with complete, correct, and accurate information about you when you open your Account and (ii) promptly update that information after it changes. The details of your Account can be updated within your Account via the Site. You are responsible for keeping your password and login information for the Site secret so that only you can access your Account on the Site. We are not responsible for any failure by you to keep your password secure or any unauthorized access to your Account. You agree to notify us immediately of any unauthorized use of your Account. Until you notify us of an unauthorized use of your Account, we will continue to process Transactions and charge them to your Payment Method. 

A Pass serves as the official confirmation of your purchase of a particular item offered for sale via the Site. You are responsible for correctly entering and selecting information on the Site for each of your Transactions. Before purchasing a Pass, carefully review the details of your Transaction, such as date, time, and location. 

Parking Operators, not us, maintain the Parking Locations, parking space inventory, and vehicle capacities, as applicable. 

The products and services offered via the Site are not available in all locations, on all dates, at all times, and/or for all parking spaces, and your ability to initiate a Transaction may be limited accordingly. 

The Pass will be in the form of an electronic, printable Pass emailed to you or a digital image that can be displayed from your compatible device, as applicable. Parking Operators will reject any entry attempt made with any document other than the actual Pass. For example, any confirmation page or email you present may not be accepted and you will be subject to any charges established by the Parking Operator. 

No refunds will be issued by us for unused Passes. We will not issue exchanges or refunds to replace lost, stolen, damaged, or destroyed Passes. When you receive your Pass, please keep it in a safe place. Transactions may be subject to convenience fees, service fees, and/or processing fees which may not be refundable. We may issue a refund if you cancel a Transaction; provided, however, no refund will be issued if (a) in the case of a Transaction involving our “search & purchase” service, the Transaction is cancelled less than twenty-four (24) hours before the time the Pass is to be used at the applicable Parking Location or (b) in the case of a Transaction involving our “VIP” service, the Transaction is cancelled less than ________ (____) hours before the time the Pass is to be used at the applicable Parking Location. Except as set forth in these Terms of Use, we will have no obligation to provide a refund for a Transaction.

 

If you are turned away from a Parking Location while in possession of a valid Pass for any reason (except for your error, the cancellation of the event, or your failure to follow or abide by the applicable rules and regulations), please contact us or the applicable Parking Operator for assistance. 

You may be limited to purchasing no more than a specified number of Passes. This policy is in effect to discourage unfair Pass buying practices and may also be required by some Parking Operators. All orders are tracked based on Account information. In the event that you violate the provisions of this paragraph, in our sole discretion, we may, without notice, (i) void the Passes and the amount will not be refundable; and/or (ii) terminate your Account. 

You agree not to sell or transfer a Pass to any third party. This policy is in effect to discourage unfair Pass buying practices and may also be required by some Parking Operators. In the event that you violate the provisions of this paragraph, in our sole discretion, we may, without notice, (i) void the Pass and the amount will not be refundable; and/or (ii) terminate your Account. 

When presenting a Pass at a Parking Location, you may additionally be required to provide evidence that you purchased the Pass from us and a valid ID. 

Any Pass that you purchase or acquire from a party other than us, may be invalid and/or may not be honored. With respect to any Pass purchased or otherwise acquired from a party other than us, you hereby agree that you will have no recourse against us or have any cause of action against us in the event that the Pass is not honored when presented or is invalid, void, or otherwise unusable. 

Parking Restrictions shall take precedence over any information that you receive from us (e.g., a prohibition on parking in a certain area). The Parking Restrictions apply to you and your use of the Site does not in any way exempt you from identifying and complying with the Parking Restrictions. 

Parking rates vary as a result of parameters set by the Parking Operator such as Parking Location, time of day, day of the week, special events, and the like and these variances are beyond our control and may not be reflected in the Site in a timely manner. Increases or other changes to parking rates, changes to the Parking Restrictions or other parking variables, and/or the introduction of new Parking Restrictions are beyond our control and may not be reflected in the Site in a timely manner. We are not responsible for any parking rate variances, parking rate changes or for any differences between the parking rates reflected in the Site and the parking rates assessed at the time of the Transaction. 

You are solely responsible for ensuring that you have properly secured your vehicle before you leave your vehicle unattended. 

You are solely responsible for all Parking Penalties. You are solely responsible for resolving with the relevant authorities any issues that you may have regarding Parking Penalties. We do not enforce Parking Restrictions and do not assess Parking Penalties.

You are solely responsible for all fees or charges you incur in connection with your use of your mobile device with the Site, including but not limited to, data usage, texting, overages, per-minute charges, roaming, and other telecom or access charges and you acknowledge that such fees or charges may apply and that you are solely responsible for such charges and fees. 

IF YOU ARE DISSATISFIED WITH ANY OF THE TERMS OF THESE TERMS OF USE, OR IF THE SITE IS NOT AS DESCRIBED, DOES NOT INCLUDE EXPECTED FUNCTIONALITY, FAILS TO OPERATE, FAILS TO OPERATE ERROR FREE, IS UNAVAILABLE TO COMPLETE TRANSACTIONS, OR DOES NOT OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DELETE YOUR ACCOUNT AND CEASE USE OF THE SITE.

 

PAYMENT 

You agree to pay all Transaction Charges together with all other fees, charges, or assessments related to each Transaction. 

You are responsible for all Transactions initiated using your Account and the related Transaction Charges. If you permit another person or persons to access or use your Account, we will treat this as if you have authorized such use and you will be liable for all Transactions incurred by those persons using your Account. 

We will process the amounts for Transactions by charging your Payment Method at the time of your Transaction. If do not have at least one valid Payment Method with all necessary Payment Information, we may immediately suspend or block your ability to complete a Transaction. If your Payment Method is declined, your Account may be blocked or terminated. Additionally, we reserve the right to transfer the claims for unpaid Transaction Charges to third parties. 

You are responsible for promptly updating all Payment Information in the event of any changes. We will have no liability for your inability to complete Transactions as a result of incorrect or outdated Payment Information. 

We have no liability for any transaction fees, insufficient fund charges, or any other fee, penalty, or charge that is assessed as a result of charges made to any of your registered Payment Methods. You shall remain fully liable to us for the amount of any outstanding Transaction Charges.

You are subject to any applicable terms, conditions, restrictions, and other requirements of any Payment Provider related to any Payment Method and we have no liability for any transaction fees, insufficient fund charges, or any other fee or charge that is assessed by a Payment Provider in connection with your use of such Payment Provider for Transactions.

In connection with your Transactions, we may charge a pre-authorization amount against your credit or debit card, which may reduce the funds you have available for your use. 

If, in good faith, you dispute any fees for a Transaction, you must provide written notice of the dispute to us and the applicable Parking Operator within ten (10) days of the date of the Transaction. Your failure to comply with this procedure shall constitute your approval of such fees. 

In the event that you owe us Transaction Charges in connection with your use of the Site, you will pay interest on all amounts not paid when due at the rate of 1.5% per month, or the highest lawful rate, whichever is less.

 

 

PROHIBITED ACTIVITIES 

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. 

 

As a user of the Site, you agree not to:

 

  • systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

  • make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

  • use a buying agent or purchasing agent to make purchases on the Site. 

  • use the Site to advertise or offer to sell goods and services.

  • circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.

  • engage in unauthorized framing of or linking to the Site. 

  • trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords. 

  • make improper use of our support services or submit false reports of abuse or misconduct. 

  • engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

  • interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

  • attempt to impersonate another user or person or use the username of another user.

  • sell or otherwise transfer your Account.

  • use any information obtained from the Site in order to harass, abuse, or harm another person.

  • use the Site as part of any effort to compete with us or otherwise use the Site and/or the content for any revenue-generating endeavor or commercial enterprise.

  • decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site 

  • attempt to bypass any measures of the Site designed to prevent or restrict access to the Site or any portion of the Site.

  • harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.

  • delete the copyright or other proprietary rights notice from any Content.
     

  • copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

 

  • upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

  • upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

  • except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.

  • disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

  • use the Site in a manner inconsistent with any applicable laws or regulations.

 

 

USER GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).

Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

  • the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

  • you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.

  • you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.

  • your Contributions are not false, inaccurate, or misleading.

 

  • your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

  • your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us). 

  • your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

  • your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another. 

  • your Contributions do not violate any applicable law, regulation, or rule. 

  • your Contributions do not violate the privacy or publicity rights of any third party. 

 

  • your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner. 

  • your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors. 

  • your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap. 

  • your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation. 

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

MOBILE APPLICATION LICENSE
Use License 

If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. 

 

You shall not: 

  • decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application. 

  • make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application.
     

  • violate any applicable laws, rules, or regulations in connection with your access or use of the application.

 

  • remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application.

  • use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended.

  • make the application available over a network or other environment permitting access or use by multiple devices or users at the same time.

  • use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application.

  • use the application to send automated queries to any website or to send any unsolicited commercial email.

  • use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

 

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site:

  • the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;

  • you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;

  • in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;

  • you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; 

  • you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and 

  • you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof. 

 

 

TERM AND TERMINATION 

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. 

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES, OR INACCURACIES ON OR IN CONNECTION WITH THE SITE, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (vi) ANY ERRORS OR OMISSIONS ON OR IN CONNECTION WITH THE SITE OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. 

We have no control over any aspect of your parking at a Parking Location. You are responsible for determining your own safety and the safety of your vehicle and articles left in your vehicle at any Parking Location. We are not responsible for damage to your vehicle, loss of your vehicle, or loss of articles left in your vehicle or for any personal injury in any circumstances, including, without limitation: fire, weather, or other Act of God; theft or other criminal activity of any kind; mechanical defects; accidents; or your use of the Site, whether in-motion or at rest. You park at your own risk at any Parking Location, and you will have no recourse against us or have any cause of action against us in connection with any parking at any Parking Location. 

We are not responsible for any Parking Penalties you incur or receive, even if the Site was used in connection with a Transaction. You are solely responsible for resolving with the relevant authorities any issues that you may have regarding Parking Penalties. We do not enforce Parking Restrictions or assess Parking Penalties and have no ability to control the actions of third parties who enforce Parking Restrictions or assess Parking Penalties. 

 

 

LIMITATIONS OF LIABILITY 

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ONE (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR FIFTY DOLLARS ($50).

 
 
RELEASE

BY USING THE SITE AND/OR THE SERVICES, YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE AND GIVE UP ANY AND ALL CLAIMS WHICH YOU MAY HAVE AGAINST US, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO OR ARE CONNECTED WITH THE USE OF THE SITE AND/OR THE SERVICES. YOU FURTHER WAIVE, RELEASE AND GIVE UP ANY AND ALL CLAIMS AND DEFENSES ARISING FROM OR RELATING TO ANY ACT, EVENT OR OMISSION. INCLUDING, WITHOUT LIMITATION, ANY CLAIM WHICH COULD BE ASSERTED NOW OR IN THE FUTURE UNDER (I) THE COMMON LAW; (II) ANY OF OUR POLICIES, PRACTICES, OR PROCEDURES; AND/OR (III) ANY FEDERAL AND/OR STATE STATUTES OR REGULATIONS. 

 

 

INDEMNIFICATION 

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, Affiliates, and all of our respective directors, officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (i) your Contributions; (ii) your use of the Site; (iii) your breach of these Terms of Use; (iv) any breach of your representations and warranties set forth in these Terms of Use; (v) your violation of the rights of a third party, including but not limited to intellectual property rights; or (vi) any harmful act by you toward any other user of the Site. 

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

MESSAGING

As part of your use of the Site, we may send reminders, alerts, or critical Site-related notifications via Messaging to your mobile device. You are responsible for any message-related charges and fees to your mobile device. 

You may set your Messaging settings via your Account. By agreeing to these Terms of Use, you certify that you are the owner of the mobile device and the account holder of the mobile phone number provided to us or that you have the owner’s and/or account holder’s express permission to use the specified mobile device to receive Messaging about Transactions or your Account from us and exchange other information related to your mobile device, mobile device account, GPS location, or Account. 

With each Transaction, you may receive Messaging relating to your Transaction or Sweetspot service communications. You acknowledge and agree that the timely receipt of Messaging is not guaranteed. You further acknowledge and agree that the receipt of Messaging is dependent on the operation, coverage, and services of your mobile network provider and/or internet service provider. We shall have no responsibility or liability for the damages and/or costs incurred by you not receiving Messaging on time or at all or by the insufficient operation of your mobile network, mobile network provider, and/or internet service provider. 

You may opt out of receiving SMS, email, and/or push notifications by making changes to your Account. You may not opt out from receiving certain in Site messages related to Site operation. For questions or assistance in receiving or opting out of receiving SMS, email, and/or push notifications, you may contact us via the methods provided in the Contact Us section below.

Opting out of Messaging may impair your ability to use the full functionality and features of the Site and may prevent you from receiving the full benefits of the Site.

 

 

CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. 

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions. 

We have the right, in our sole and absolute discretion, (i) to edit, redact, or otherwise change any Contributions; (ii) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (iii) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions. 

 

 
GUIDELINES FOR REVIEWS

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: 

  • you must have firsthand experience with the person/entity being reviewed; 

  • your reviews must not contain profanity, or abusive, racist, offensive, or hate language; 

  • your reviews must not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, political beliefs, or disability;

  • your reviews must not contain references to illegal activity; 

  • you must not be affiliated with competitors if posting negative reviews;

  • you must not make any conclusions as to the legality of conduct;

  • you may not post any false or misleading statements; and

  • you may not organize a campaign encouraging others to post reviews, whether positive or negative.

 

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our Affiliates or partners.

We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews. 

 

 

SOCIAL MEDIA 

As part of the functionality of the Site, you may be able to link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (i) providing your Third-Party Account login information through the Site; or (ii) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.

 

You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. 

By granting us access to any Third-Party Accounts, you understand that (i) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (ii) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. 

Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.

You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

 

 
SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are not confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. 

You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

 

 

THIRD-PARTY WEBSITES AND CONTENT

 

The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. 

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. 

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites. 

 

 
ADVERTISERS

We may allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. As an advertiser, you agree that such advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described below, and you understand and agree there will be no refund or other compensation for DMCA takedown-related issues. We simply provide the space to place such advertisements, and we have no other relationship with advertisers. 

 

 

PROMOTIONS 

Any Promotions we offer will be subject to the Promotion Conditions set forth in the Promotion, in the communication to you providing such Promotion, or the Site. We, in our sole discretion, will determine whether you have met the Promotion Conditions, are qualified to receive the Promotion, or receive the Promotion, and you agree that our decisions in this regard are final and binding. You further agree that we will have no liability for our determinations with respect to the Promotion Conditions or Promotion, our termination or suspension of the Promotion, or the actions of any third party with respect to the Promotion, including the denial of, termination of, or failure to honor the terms of the Promotion or application of additional Promotion Conditions.

 

 

SITE MANAGEMENT

 

We reserve the right, but not the obligation, to: 

  • monitor the Site for violations of these Terms of Use; 

  • take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;

  • in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; 

  • in our sole discretion and without limitation, notice, or liability, remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and 

  • otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site. 

 

 

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. 

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. 

We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.

Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith. 

 

 

CORRECTIONS 

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by any errors, inaccuracies, or omissions on or in connection with the Site.