DO NOT USE OUR SITE(S), MOBILE APPLICATIONS, TELEPHONE AND/OR TEXT MESSAGE SERVICES OR OTHER SPACES SERVICES IF YOU DO NOT AGREE TO ALL OF THESE TERMS.
1. Contractual Relationship
2. Your use of the Spaces Services
What Spaces provides:
The primary nature of the Spaces Services is to provide parties with the ability to access parking related information and services, including without limitation, in order to identify operators of parking facilities, facility locations, assess availability and costs of parking spaces at such facilities, coordinate and manage access to any such parking spaces, as well as pre-book and/or process payments for such parking spaces.
What Spaces does not provide:
While Spaces collaborates with the participating parking facilities that make parking available to you, Spaces does not provide a parking service. Such parking facilities are owned and operated by independent third parties and are not affiliated with Spaces and are not authorized to act as our agent in any capacity. Your entry into and use of such parking facilities will be primarily governed by the terms and conditions of entry and use that such facilities specify. It is the parking facility and its owners and/or operators that are responsible for the terms and conditions of your entry and use of such facilities, including without limitation the safe keeping of your person and property while on the premises. All of this is outside of the control of Spaces and Spaces is not involved in any such matters.
Spaces does not:
- Operate a parking facility or otherwise accept custody or possession of any vehicles or other property;
- Accept any responsibility whatsoever regarding the safety of persons or property in the locations selected by our customers.
- Guarantee the availability of a specific parking spot in the location you selected.
- Assume any responsibility whatsoever for the consequences of not being able to park or delays associated with parking.
- Endorse the use of mobile phones or other devices while driving.
Despite the convenience of the Spaces Services, the decision to make use of any information made available by us via the Spaces Services remains your sole responsibility. You alone assume any and all risk, liability and/or damage associated with your selection of parking facility, your decision to enter into and/or remain in any such facility and/or that may occur to you or your vehicle or other persons or property. You agree that Spaces is not responsible for any liability, loss, damage, injury, harm or other consequence arising from the parking facilities you may enter or during your use of or presence in such facilities.
You are also responsible for correctly entering, as may be required, the relevant parking facility details, the parking space number, the license plate number of the vehicle you are parking and any other information required, and you acknowledge and confirm your understanding that the allocation of parking spaces within a lot is solely in the control of the third party operator of the parking facility (or uncontrolled if not attended).
Spaces is also not responsible for any fines, parking tickets, penalty notices and the enforcement of vehicle parking related offenses you may incur or receive. You are solely responsible for resolving with the relevant facility operators and/or authorities any issues that you may have regarding the issuance of fines, parking tickets, penalty notices or your vehicle being impounded.
3. Access to the Spaces Services; Eligibility, Registration and Account
One of the services provided as part of the Spaces Services is the SPACESpass™ touchless entry/exit/payment system. With SPACESpass™, parkers can enter/exit parterning parking facilities and pay for parking using a telephone number and/or text message services, and/or by using the Spaces proprietary app and related technology.
By dialing the designated telephone number and opting in to the service, you agree to receive messages from Spaces via text messages to your smart phone or other mobile device for the telephone number from which you dialed or for another telephone number as may be relevant. Such text messages may include for example payment instructions; and you agree to enter your payment information when prompted – for purposes of clarification, payment will then be processed by a separate and properly authorized process; no payment will be processed using the short code itself. Message and data rates may apply – see below under the heading “Network Access and Costs; Devices”. Please also note that in certain circumstances and depending on the individual settings of your device such messages may be flagged by your device as spam or junk messages. You may have to search for the relevant messages accordingly and update your device settings. Spaces takes no responsibility for any delays or confusion caused by its messages being flagged as spam or junk messages. Message frequency varies. Carriers are not liable for delayed or undelivered messages. You may reply STOP to unsubscribe from messages or HELP for help.
In order to set up the Spaces proprietary app and use the more extended features of the Sites and the Spaces Services, you must register for and maintain an active personal user account (“Account”). You must be at least 18 years of age to obtain an Account. Account registration requires you to submit certain personal information, such as your name, address, email 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 the Spaces Services, and may result in the termination of your access to and/or use of the Spaces Services.
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. You further agree promptly to notify us if you discover or otherwise suspect any security breaches related to your Account or otherwise in relation to the Spaces Services. Each account must have a unique email address.
5. User Requirements and Conduct
Using our Sites and the Spaces Services does not give you ownership of any intellectual property rights in our Sites or any material you download, install or otherwise access via the Spaces Services (collectively, the “Spaces Material”). Spaces hereby grants you a non-exclusive, non-transferable, limited right to access and use the Spaces Material for your own personal or your internal commercial use only.
A lot of the content and services we provide are accessible on mobile devices. You agree that you will not access our Sites nor use any of the Spaces Services in an unsafe manner while operating a motor vehicle or in any way that distracts and/or prevents you or others from obeying traffic and safety laws.
You also agree not to:
- Use the Sites or the Spaces Services in any unlawful manner or in any manner that could damage, disable, overburden or impair the Sites or the Spaces Services;
- Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Spaces Material or to extract data or other material;
- Reverse engineer any aspect of the Spaces Material 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 Spaces Material (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 Spaces Material that you are not authorized to access;
- Engage in any harassing, intimidating, predatory or stalking conduct including without limitation by use of any verbal, written or other interactions that use profane language, or any language that in any way either directly or indirectly might be considered racist, sexist or otherwise intended to offend;
- Develop any third-party applications that interact with user content or any aspect of the Spaces Material; or
- “Frame” any aspect of the Spaces Material or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose.
6. Network Access and Costs; Devices; Power Supply and Other Network Environments
You are responsible for obtaining the data network access necessary to use the Sites and the Spaces Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Spaces Services from your device, including without limitation with respect to making or receiving telephone calls and/or text messages.
You are also responsible for acquiring and updating compatible hardware or devices necessary to access and use the Spaces Services 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 and the Spaces Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications or otherwise as a result of failures or delays of the mobile network utilized by you, the power supply or other network environments made available by or on behalf of the relevant parking facilities that are required for the provision of the Spaces Services. Spaces is not responsible for any such failures or delays, and will not be liable for any costs or damages arising there from.
7. 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 Sites 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.
8. Agreement to Conduct Transactions Electronically; Copies
9. Payment; Credit for Refunds
You agree to pay all fees and charges for the Spaces Services provided to you including without limitation applicable taxes. All fees and charges are due immediately and payment will be facilitated by Spaces using the preferred payment method designated by you. By submitting your payment, you represent and warrant that you are authorized to use the designated card or other payment 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 payment method. If the card (or other payment method) cannot be verified, is invalid, or is not otherwise acceptable, you will be required to pay us directly. Any refunds will be credited to the same card or, in our discretion, other method. All fees and charges paid by you are final and non-refundable, unless otherwise determined by Spaces.
After you have received services obtained through your use of the Spaces Services, Spaces will also facilitate your payment of the applicable charges to the parking facility.
If in good faith you dispute any amount charged to you, you must provide us written notice of the dispute, the identity of the applicable parking facility, if relevant, within thirty (30) days of the amount being billed. You agree to pay any undisputed portion of any such amount and will reimburse us for all costs of collection, including reasonable attorneys fees and expenses. You will also pay interest on all amounts not paid when due at the rate of 1.5% per month, or the highest lawful rate allowable, if less.
Spaces may use the services of one or more third parties for credit card processing or other payment management services.
10. Promotional Codes
Spaces may create promotional codes (“Promo Codes”) from time to time, 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.
11. Ownership of the Sites
You may not copy, reproduce, download, upload, post, broadcast, transmit, distribute, publish, republish, create a hyperlink to, frame, or otherwise use any information or content provided on the Sites in any form or by any means, or by any information storage or retrieval system for any commercial purpose without the express written permission of Spaces.
Without limiting the generality of the foregoing, “Spaces”, “SPACESpass™”, the Spaces logo and other Spaces product or service names, logos, slogans or other brand identifiers that may appear on the Sites are trademarks, service marks or other property of Spaces 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, copyright or other rights which you own or control, you may file a notification of such infringement with us.
12. Third Party Services and Content; Third Party Connectivity Networks
The Sites may be made available or accessed in connection with third party services and content (including advertising) that Spaces does not control. Spaces may also use from time to time the services of other third party providers such as credit card and other payment processing providers, telephone and/or text message services and other services providers.
In addition to the above, you further acknowledge that the provision of the Spaces Services relies on connectivity and networks of third parties, including without limitation mobile connectivity networks of telecommunications carriers, internet and/or data network providers, the power supply or other network environments made available by or on behalf of the relevant parking facilities as well as other third party providers. Spaces is not responsible for any such failures or delays, and will not be liable for any costs or damages arising there from.
Except as otherwise 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 SITES, (II) DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THE SITES OR YOUR DOWNLOADING OF ANY TEXT, IMAGES OR OTHER CONTENT FROM THE SITES, OR (III) ANY DAMAGE ARISING IN CONNECTION WITH ANY FAILURE OR DELAY OF PERFORMANCE, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, OR LINE OR SYSTEM FAILURE IN CONNECTION WITH ANY OF THE SPACES SERVICES.
13. 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.
14. Indemnity and Other Remedies
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 Sites, your use of the Sites, other users’ use of the Sites and any dispute or defense you have or claim to have against us or one or more users of the Sites.
16. Applicable Law and Venue
19. Entire Agreement
20. Your Comments and Concerns
All feedback, comments and other communications relating to the Sites or the Spaces Services should be directed to: email@example.com.