Terms & Conditions

Parking Exchange LLC (Spottor)

Terms of Service and End User License Agreement

These Terms of Service and End User License Agreement (referred to as the “Terms”) is entered into between Parking Exchange LLC (Spottor), an Illinois limited liability company (“Parking Exchange,” the “Company,” “Us,” or “Our”) and you, the “User.” The Company and User may be referred to individually as a “party” or collectively as the “parties.” The User may access and use the Company’s website and mobile application (the “App”) and as such the User agrees to these terms as follows:

ACKNOWLEDGEMENT

BY CLICKING THE ‘I AGREE’ BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE (THE “TERMS” OR “TERMS OF SERVICE”), UNDERSTAND THEM, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. THIS WILL BE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US AND YOUR USE OF THE APP IS ENTIRELY VOLUNTARY.

IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU SHOULD REJECT THEM BY NOT CLICKING ON ‘I AGREE’ AND BY NOT INSTALLING OR USING THE SPOTTOR APP, WHICH IS OWNED AND OPERATED BY PARKING EXCHANGE LLC.

YOUR ACCESS TO AND USE OF THE APP IS SUBJECT IN ALL RESPECTS TO THE TERMS OF OUR PRIVACY POLICY AVAILABLE AT getspottor.com AS WE MAY UPDATE THAT PRIVACY POLICY FROM TIME TO TIME ON REASONABLE NOTICE TO YOU AS DESCRIBED UNDER OUR PRIVACY POLICY (“PRIVACY POLICY”).

USE OF MOST FEATURES OF THE APP REQUIRES AN ONLINE CONNECTION (WI-FI, CELLULAR DATA) BETWEEN YOUR DEVICE AND THE INTERNET. YOU ARE SOLELY RESPONSIBLE FOR ALL COSTS AND EXPENSES OF SUCH CONNECTION, AS SPECIFIED IN YOUR SUBSCRIBER PLAN OR CONTRACT WITH YOUR COMMUNICATION SERVICE PROVIDER. SOME OF THE FEATURES WITHIN THE APP MAY BE DEPENDENT ON YOUR WIRELESS SERVICE AND THE WIRELESS COVERAGE WITHIN THE AREA IN WHICH YOU ARE LOCATED AT THAT TIME.

Definitions.

“Account” means a unique account created for You to access the App.

“App” refers to the Spottor mobile application.

“Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by the User through the App or the Website, regardless of the form of that content.

“Device” means any device that can access the App now or in the future, including, but not limited to a computer, a cell phone, or a digital tablet.

“Feedback” means feedback, innovations or suggestions sent by the User to the Company regarding the attributes, performance or features of the App.

“Website” refers to getspottor.com

License Grant. Subject to these Terms, Parking Exchange hereby grants User a personal, non-transferable, non-exclusive, non-sublicensable, revocable, royalty free, limited license to: (i) download, install, and use the App for User’s personal, non-commercial purposes on a Device owned or otherwise controlled by User; and (ii) access and use on such Device the Content that are made available in, or otherwise accessible through, the App.

License Restrictions. To the extent permitted by applicable law, User shall not: (i) modify the App, copy the App, or incorporate the App in whole or in part in any other product, create derivative works based on all or part of the App; (ii) remove or obscure any copyright notice, trademark notice, or other proprietary rights notice displayed on or in conjunction with the Services; (iii) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer, or otherwise attempt to derive any of the App’s source code; (iv) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, or any features or functionality of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time; or (v) use the App in breach of any applicable laws or regulations.

Term and Termination. The terms of these Terms and Agreement shall begin when you download or install the App and acknowledge your acceptance and will continue in effect until terminated by you or the Company. You may terminate these Terms by deleting the App and all copies thereof from your Device. The Company may terminate these Terms at any time without notice if it ceases to support the App, which Company may do in its sole discretion. In addition, these Terms will terminate immediately and automatically without any notice if you violate any of the terms and conditions of these Terms. Upon termination, all rights granted to you under these Terms will terminate and you must cease all use of the App and delete all copies of the App from your Device.

User Accounts. Your access to the App must be via login credentials (“Login Credentials”). When creating Login Credentials, User agrees that User may not use as a username (i) the name of another person or entity or that is not lawfully available for use; (ii) a name or trademark that is subject to any rights of another person or entity other than that User without appropriate authorization; or (iii) a name that is otherwise offensive, vulgar, or obscene. User must also provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of User’s Account. User represents that User has not misrepresented User’s identity or affiliation with another party or entity.

User shall be responsible for protecting User’s Login Credentials from unauthorized use, and User is responsible for all activity that occurs under those Login Credentials. User agrees to notify Parking Exchange immediately if User believes that any of User’s Login Credentials have been or may be used without User’s permission so that appropriate action can be taken. User agrees not to disclose User’s Login Credentials with a third-party, nor transfer User’s Account to a third-party.

Users must notify Parking Exchange immediately upon becoming aware of any breach of security or unauthorized use of the User’s account. Parking Exchange is not responsible for any loss or damage caused by, or expense incurred by User as a result of, User’s failure to safeguard User’s Login Credentials. Parking Exchange will protect as confidential any personal data that User may provide to complete the applicable online forms to establish User’s Login Credentials with Parking Exchange. Users are prohibited from using the App in any manner other than described in this Agreement or disclosing Content to any third party.

Service Levels. Parking Exchange will use commercially reasonable efforts to make Content available and to provide notice of anticipated downtime. Unplanned outages or downtime may occur without notice. Parking Exchange will have no liability for any damages, liabilities, losses (including any loss of data) or any other consequences that any User may incur as a result.

Updates.

Parking Exchange may from time to time and in its sole discretion develop and provide updates to the App, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Parking Exchange has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Device settings, when your Device is connected to the internet, the App may automatically download and install all available Updates, or you may receive notice of and be prompted to download and install available Updates.

You agree to promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of these Terms.

Intellectual Property. The App and its original Content and any copies including translations, compilations, partial copies, modifications and updates as well as features and functionalities are and will remain the exclusive property of Parking Exchange and its licensors. The App is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Parking Exchange.

Reservation of Rights. User agrees and acknowledges that:

The App is licensed to User, not sold, and Parking Exchange transfers no ownership interest in the App, in the intellectual property in any App or in any App copy, to User under these Terms or otherwise;

Parking Exchange reserves all rights not expressly granted to User hereunder;

Parking Exchange reserves and shall retain all right, title and interest in and to the App (including, but not by way of limitation, any images, algorithms, photographs, animations, video, audio, music and text incorporated in the App);

The App is protected by United States Copyright Law and international treaties relating to protection of copyright; and

The App includes, and these Terms will cover, any updates, upgrades or bug fixes for the App provided to User.

No Guarantee and Disclaimer. User understands and acknowledges that usage of the App does not guarantee a parking spot and that User is solely responsible for paying any and all parking fees for a parking spot located through the App, including any parking tickets and/or traffic fines which User incurs as a result of parking. Parking Exchange will not be liable for any damage to User’s vehicle and/or injury to User or passengers in User’s vehicle which occur while User is using the App, while parked or while parking. Parking Exchange does not warrant or guarantee that any spot which is marked as “available” on the App is not without parking restrictions. It is User’s sole responsibility to check signage and other postings to ensure parking is legal and available and Parking Exchange disclaims any liability associated with User’s failure to do so. User further agrees to follow all traffic laws and rules of the road, including any “distracted driving” laws. Parking Exchange will not be responsible for any accident or injury resulting from User’s failure to follow traffic laws.

Limitation of Liability. PARKING EXCHANGE SHALL NOT BE LIABLE FOR ISSUES STEMMING FROM INACCURATE DATA ON THE APP REGARDLESS OF THE SOURCE OF THE DATA AND WHETHER RECEIVED FROM EXTERNAL SOURCES OR USER. IN NO EVENT WILL THE COMPANY BE LIABLE UNDER OR IN CONNECTION WITH THIS LICENSE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDE BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE.

To the maximum extent permitted by applicable law, in no event shall PARKING EXCHANGE be liable for any special, punitive, exemplary, incidental, indirect, or consequential damages whatsoever (including, but not limited to, the cost to cover, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the APP, or otherwise in connection with any provision of these Terms). THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer. The App is provided to Users “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, PARKING EXCHANGE, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the App, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, PARKING EXCHANGE provides no warranty or undertaking, and makes no representation of any kind that the App will meet Users’ requirements, achieve any intended results, be compatible or work with any other App, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither PARKING EXCHANGE nor any of the company's providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the App, or the information, content, and materials or products included thereon; (ii) that the App will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the App; or (iv) that the App, its servers, the content, or e- mails sent from or on behalf of PARKING EXCHANGE are free of viruses, scripts, trojan horses, worms, malware, time bombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

USER ACKNOWLEDGES THAT THE ALLOCATION OF RISK IN SECTIONS 12 AND 13 IS REASONABLE AND PARKING EXCHANGE WOULD NOT PROCEED IN THE ABSENCE OF SUCH ALLOCATION, AND COMPANY ESTABLISHES ITS FEES FOR THE OFFERINGS IN RELIANCE UPON SUCH ALLOCATION.

Indemnification. You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the App or your breach of these Terms, including but not limited to the content you submit or make available through the App. 

Governing Law. The laws of the United States of America, State of Illinois, excluding its conflicts of law rules, shall govern these Terms and Users’ use of the App. A User’s use of the App may also be subject to other local, state, national, or international laws.

The parties hereby consent to the exclusive jurisdiction and venue in the state courts in Cook County, Illinois or any federal court located therein. In any action or proceeding to enforce or interpret these Terms, the prevailing party will be entitled to recover the costs and expenses (including reasonable attorneys’ fees) that it incurred in connection with such action or proceeding and enforcing any judgment or order obtained.

Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 

Geographic Restrictions. The Content and is based in the state of Illinois in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content from outside the United States, you are responsible for compliance with local laws. 

Export Regulation. The App may be subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the App to, or make the App accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the App available outside the US. 

Complete Agreement; Severability; Waiver; Assignment. These Terms supersede all proposals and agreements between User and Parking Exchange relating to the App or the terms of its license to User, and may only be modified in writing signed by User and Parking Exchange. If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach. These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you without Parking Exchange’s prior written consent but may be assigned by Parking Exchange without restriction. Any assignment attempted to be made in violation of these Terms shall be void. These Terms shall be binding upon and inure to the benefit of the parties hereto, and their permitted successors, heirs, and assigns. User may not sublicense, delegate, assign or otherwise transfer these Terms, the license granted herein, or any other of your rights or obligations under these Terms, in whole or in part.

Dispute Resolution; Arbitration. TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PARTIES MUTUALLY AGREE THAT ANY AND ALL DISPUTES ARISING OUT OF THESE TERMS SHALL BE SUBJECT TO ARBITRATION IN COOK COUNTY, ILLINOIS. THE ARBITRATOR MAY GRANT INJUNCTIONS AND OTHER RELIEF IN SUCH DISPUTES. THE ARBITRATOR SHALL ADMINISTER AND CONDUCT ANY ARBITRATION IN ACCORDANCE WITH ILLINOIS LAW, INCLUDING THE ILLINOIS CODE OF CIVIL PROCEDURE, AND THE ARBITRATOR SHALL APPLY SUBSTANTIVE AND PROCEDURAL ILLINOIS LAW TO ANY DISPUTE OR CLAIM, WITHOUT REFERENCE TO ANY CONFLICT-OF-LAW PROVISIONS OF ANY JURISDICTION. THE DECISION OF THE ARBITRATOR SHALL BE FINAL, CONCLUSIVE, AND BINDING ON THE PARTIES TO THE ARBITRATION. THE PARTIES AGREE THAT THE PREVAILING PARTY IN ANY ARBITRATION SHALL BE ENTITLED TO INJUNCTIVE RELIEF IN ANY COURT OF COMPETENT JURISDICTION TO ENFORCE THE ARBITRATION AWARD. THE PARTIES TO THE ARBITRATION SHALL EACH PAY AN EQUAL SHARE OF THE COSTS AND EXPENSES OF SUCH ARBITRATION AND EACH PARTY SHALL SEPARATELY PAY FOR ITS RESPECTIVE COUNSEL FEES AND EXPENSES; PROVIDED, HOWEVER, THAT THE ARBITRATOR SHALL AWARD ATTORNEYS’ FEES AND COSTS TO THE PREVAILING PARTY, WHERE PROVIDED BY APPLICABLE LAW. THE PARTIES HEREBY AGREE TO WAIVE THEIR RIGHT TO HAVE ANY DISPUTE BETWEEN THEM RESOLVED IN A COURT OF LAW BY A JUDGE OR JURY. NOTWITHSTANDING THE FOREGOING, THIS PARAGRAPH 20 WILL NOT PREVENT EITHER PARTY FROM SEEKING INJUNCTIVE RELIEF (OR ANY OTHER PROVISIONAL REMEDY) FROM ANY COURT HAVING JURISDICTION OVER THE PARTIES AND THE SUBJECT MATTER OF THEIR DISPUTE RELATING TO THESE TERMS. SHOULD ANY PART OF THE ARBITRATION AGREEMENT CONTAINED IN THIS PARAGRAPH CONFLICT WITH ANY OTHER ARBITRATION AGREEMENT BETWEEN THE PARTIES, THE PARTIES AGREE THAT THIS ARBITRATION AGREEMENT SHALL GOVERN.

Changes to these Terms. We reserve the right, at our sole discretion, to modify or replace these Terms at any time and for any reason. We will post the most current version of the Terms on the Website. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Your continued use of the App after a modification to the Terms indicates your consent to be bound by the revised Terms. If You do not agree to the new terms, in whole or in part, please stop using the Website and the App.

Notices; Contact Us. Notices to User hereunder shall be sent to the email address provided in User’s Account. Notices to Parking Each party may change such address upon written notice to the other party. If you have any general questions about these Terms, please contact us at:

By sending us an email: [email protected]

By visiting this page on our website: getspottor.com