theSpotClub® Program Terms and Conditions

NOTICE REGARDING DISPUTE RESOLUTION: THESE theSpotClub® PROGRAM TERMS AND CONDITIONS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND WE MAY HAVE AGAINST EACH OTHER ARE RESOLVED (SEE PARAGRAPH 20 BELOW), INCLUDING AN AGREEMENT AND OBLIGATION TO ARBITRATE DISPUTES, WHICH WILL, SUBJECT TO LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING ARBITRATION, UNLESS YOU OPT OUT IN ACCORDANCE WITH PARAGRAPH 20(H). UNLESS YOU OPT-OUT OF ARBITRATION: (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

Thank you for your interest in theSpotClub® program (“theSpotClub® Program” or the “Program”). theSpotClub® Program is a customer loyalty program offered by TPS Parking Management, LLC, a Delaware limited liability company d/b/a The Parking Spot ("The Parking Spot," “we” or “us”), whereby qualifying TheSpotClub® customers can use certain available discounts for parking and car care services at The Parking Spot facilities, earn and use Program points (“Points”) and earn Program tier status and other Program benefits in accordance with the terms and conditions set forth below. The following terms and conditions (the "Program Terms and Conditions") govern your participation in the Program. By setting up a theSpotClub® account (“Account”), signing in to your Account, registering your theSpotClub® card or theSpotClub® Exec card to your Account, making a reservation on this website (the "Website") or certain of our mobile applications (the “App(s)”), when signed in to your Account, or otherwise using your registered or unregistered theSpotClub® card or theSpotClub® Exec card, you acknowledge that you have read, understood, and agree to be bound by these Program Terms and Conditions as well as our general Terms and Conditions located at www.theparkingspot.com/resterms.aspx (the "General Terms and Conditions"), and that you agree to comply with all applicable laws and regulations with respect to theSpotClub® Program.

IF YOU DO NOT AGREE TO THE PROGRAM TERMS AND CONDITIONS AND THE GENERAL TERMS AND CONDITIONS, DO NOT SET UP AN ACCOUNT, REGISTER OR USE YOUR REGISTERED OR UNREGISTERED theSpotClub® CARD OR theSpotClub® EXEC CARD, SIGN IN TO YOUR ACCOUNT, MAKE A RESERVATION ON THE WEBSITE OR APP WHEN SIGNED IN TO YOUR ACCOUNT, OR OTHERWISE PARTICIPATE IN THE PROGRAM. IF YOU DO NOT AGREE TO THE PROGRAM TERMS AND CONDITIONS WHEN YOU SET UP AN ACCOUNT AND REGISTER YOUR CARD TO THAT ACCOUNT, ANY POINTS THAT HAVE ACCUMULATED ON AN UNREGISTERED theSpotClub® CARD OR theSpotClub® EXEC CARD WILL NOT BE CREDITED TO YOUR ACCOUNT, AND YOU WILL NOT BE ABLE TO REDEEM THOSE POINTS.

1.Changes to or Cancellation of theSpotClub® Program.

The Parking Spot reserves the right to change or cancel theSpotClub® Program, in whole or in part, at any time in our sole discretion, without notice or liability, even though such changes may, for example, affect the value, availability, use or redemption of Points, Program tier status, or other Program benefits already accumulated. Such changes or cancellation will be effective when posted on the Website. Such changes may include, without limitation, changes in the terms and conditions for: the accrual and award of Points, Program tier status, discounts or other Program benefits; the redemption of Points, discounts or other Program benefits; the issuance of award certificates and discounts; the redemption of award certificates, discounts and other Program benefits; and/or other aspects of the Program Terms and Conditions. Members, in accumulating Points, a particular Progam tier status and/or other Program benefit, may not rely on the continued availability of such Points, award or Program tier status level, or other Program benefit.

Please review the Program Terms and Conditions periodically to ensure that you are aware of any changes and are familiar with the most current version. Changes to the Program Terms and Conditions apply to all subsequent transactions and participation in the Program. For clarity, any change to or cancellation of these Program Terms and Conditions will apply to all persons who have created an Account, registered or otherwise used their registered or unregistered theSpotClub® card or theSpotClub® Exec card (“Members”), even those who enrolled or participated in the Program before The Parking Spot made such a change or cancellation. If you do not agree to the updated Program Terms and Conditions, you must close your Account and must cease participation in the Program. Your continued participation in the Program, including without limitation continued use of your theSpotClub® card or theSpotClub® Exec card, constitutes your agreement to the updated Program Terms and Conditions.

2. Eligibility for Membership in theSpotClub® Program.

Persons who are at least 18 years of age are eligible for membership in theSpotClub® Program. By registering or otherwise using your theSpotClub® card or theSpotClub® Exec card, you certify that you meet these requirements. If you do not meet these requirements you may not participate in the Program. To have Points credited to your Account and to be eligible to redeem or have access to Points, discounts or other Program benefits, a Member first must register his or her theSpotClub® card or theSpotClub® Exec card to their Account. Membership in the Program may be prohibited or restricted in some countries. Nothing in these Program Terms and Conditions shall be read to override or circumvent such foreign laws.

3. Registration of theSpotClub® and theSpotClub® Exec Cards.

Members can register their theSpotClub® card or theSpotClub® Exec card on the Website and certain Apps. To register a card, you must provide certain information, including without limitation your first and last name, mailing address, telephone number, and a valid email address. An Account is created as a part of that registration process. By setting up an Account, registering your theSpotClub® card or theSpotClub® Exec card on the Website or an App, or otherwise using your registered or unregistered theSpotClub® card or theSpotClub® Exec card, you become a Member and acknowledge that you have read, understood and agree to be bound by these Program Terms and Conditions and the General Terms and Conditions. However, Points will not be credited to a Member’s Account and cannot be redeemed for award certificates, and eligibility to access to other Program benefits and Program tier status will not occur unless and until the card on which the Points were accumulated has been registered by the Member on the Website or App to an Account the Member has set up. Furthermore, if you are a Member and your theSpotClub® card or theSpotClub® Exec card is lost or stolen and that card was not registered, any Points that may have been accumulated using that unregistered card will not be credited to your Account and are forfeited, as are any other Program benefits or Program tier status that you may have been eligible to access by virtue of the accumulation of such Points if you had registered the card to your Account. The Parking Spot therefore encourages all Members to register their theSpotClub® card or theSpotClub® Exec card as soon as possible following receipt.

Each Member is responsible for remaining knowledgeable about their Account information, including, but not limited to, accumulated Points, redeemed Points, Program tier status, discounts and other Program benefits and eligibility, and the Program Terms and Conditions. You can find your Account information by logging in to your Account on the Website at www.theparkingspot.com/spot-club

4. Accumulation of theSpotClub® Program Points.

As a Member, you will accumulate Points on your card each time you pay for parking at a The Parking Spot facility if you present your theSpotClub® card or theSpotClub® Exec card at the time of payment. However, Points will not be available for redemption and you will not be eligible for other Program benefits unless and until you have set up an Account and registered your card to your active Account.

As of the Effective Date of these Program Terms and Conditions, you will receive five (5) Points for every dollar spent on parking services (“Parking Dollars”) at The Parking Spot facilities, excluding all amounts paid for taxes or government or airport fees, car-care services and any other fees not directly attributable to parking services. For purposes of awarding Points, all Parking Dollars spent will be rounded to the nearest dollar. Parking Dollars shall not include the value of parking services paid for with award certificates or dollars spent on any cancelled, refunded, unused or fraudulent reservations, purchases or activities (as determined by The Parking Spot in its sole discretion).

The Parking Spot also may, in its sole discretion, from time to time, offer Members the opportunity to earn additional Points or other benefits through our own special offers and/or offers we may provide in connection with other providers of goods or services with whom we work or have agreements (“Partners”). These offers may be temporary in nature. The Parking Spot reserves the right to modify or eliminate such offers at any time. These offers are void where prohibited by law. The amount of Points offered under such programs and special offers is subject to the sole discretion of The Parking Spot and/or its Partners.

We also reserve the right to make bonus Points and promotional offers by The Parking Spot or its Partners selectively available to certain Members at any time based on parking activity, geographic location, Program tier status, Program participation, or any other factors determined in our sole discretion.

There may be some delay between eligible transactions completed using your registered theSpotClub card and the posting of Points to your Account. If any Points which you believe you have accumulated as provided herein are not credited to your Account, you can fill out a form online available at www.theparkingspot.com/spotclub/requestmissingcredit.aspx to request that such Points be credited. Additional information and documentation may be requested to verify your request. Retroactive discounts will not be given.

The activities and transactions eligible for earning Points and other Program benefits and/or the amount of Points or other Program benefits that can be earned are subject to change at any time by The Parking Spot in its sole discretion, without notice or liability.

5. Tiered Benefits

Beginning on September 19, 2017, in addition to earning Points and enjoying other Program benefits that may be available to all Members, certain premium services, discounts and other Program benefits may be available to Members who qualify for Program tier status (“Tiered Benefits”).

  • Silver Tiered Benefits: Members with registered Accounts who between February 1st of the then-current calendar year and January 31st of the next calendar year (each, a “Program Year”) (i) park at The Parking Spot facilities at least four (4) times (excluding stays paid for with award certificates), and (ii) accumulate 800 Points through parking services purchases (excluding Points deposited in Members’ Accounts as part of any special offer, promotion or as a bonus) will be considered Silver tier Program Members for that Program Year, and during such Program Year will be eligible to receive:
    • One (1) free day of parking awarded on their Program enrollment anniversary date (which is the date on which the Member registered their card to their Account).
    • A discount on the advertised rate for car care services at The Parking Spot facilities where those services are offered and available. The discount amount will be determined in The Parking Spot’s sole discretion from time to time and will be published on www.theparkingspot.com/spot-club. Car care services must be prepaid through a reservation made while the Member is logged in to their Account to be eligible for the discount applicable at the time the reservation is made.
  • Gold Tiered Benefits: Members with registered Accounts who within a Program Year (i) park at The Parking Spot facilities at least six (6) times (excluding stays paid for with award certificates), and (ii) accumulate 2,500 Points through parking services purchases (excluding Points deposited in Members’ Accounts as part of any special offer, promotion or as a bonus), will be considered Gold tier Program Members for that Program Year, and during such Program Year will be eligible to receive:
    • One (1) free day of parking awarded on their Program enrollment anniversary date (which is the date on which the Member registered their card to their Account).
    • A discount on the advertised rate for car care services at The Parking Spot facilities where those services are offered and available. The discount amount will be determined in The Parking Spot’s sole discretion from time to time and will be published on www.theparkingspot.com/spot-club. Car care services must be prepaid through a reservation made while the Member is logged in to their Account to be eligible for the discount applicable at the time the reservation is made.
    • Gold level customer service.
    • The ability to redeem Points for one (1) free basic carwash at The Parking Spot facilities where such services are offered and available.
  • Platinum Tiered Benefits: Members with registered Accounts who within a Program Year (i) park at The Parking Spot facilities at least eight (8) times (excluding stays paid for with award certificates), and (ii) accumulate 4,500 Points through parking services purchases (excluding Points deposited in Members’ Accounts as part of any special offer, promotion or as a bonus) will be Platinum tier Program Members for that Program Year, and during such Program Year will be eligible to receive:
    • One (1) free day of parking awarded on their Program enrollment anniversary date (which is the date on which the Member registered their card to their Account).
    • A discount (on the advertised rate for car care services at The Parking Spot facilities where those services are offered and available. The discount amount will be determined in The Parking Spot’s sole discretion from time to time and will be published on www.theparkingspot.com/spot-club. Car care services must be prepaid through a reservation made while the Member is logged in to their Account to be eligible for the discount applicable at the time the reservation is made.
    • Platinum level customer service.
    • The ability to redeem Points for one (1) free basic carwash at The Parking Spot facilities, where such services are offered and available.
    • Access to premium parking areas at The Parking Spot facilities where such premium parking is offered and available.
    • The ability to redeem up to 500 Points to use for points transfers to earn benefits under certain travel loyalty programs operated by our Partners in which TPS may participate from time to time. For more information about current Partner travel loyalty programs for which you may be eligible to transfer Points for other benefits, please visit www.theparkingspot.com/support/spot-club. Benefits and points awarded or earned under our Partners’ loyalty programs are subject to the terms and conditions of their respective sponsors and The Parking Spot is not responsible for the redemption, expiration, or availability of those benefits. Please note that the list of Partner loyalty programs to which Members may be eligible to transfer Points may be changed, suspended or terminated by The Parking Spot in whole or in part at any time in its sole discretion, without notice or liability.

A summary of the foregoing Tiered Benefits that qualifying Members will be eligible to earn as of September 19, 2017 is available in table form at www.theparkingspot.com/spot-club/overview. Please note that any or all of the Program tiers and Tiered Benefits may be changed, suspended or terminated by The Parking Spot in whole or in part at any time in its sole discretion, without notice or liability.

6. theSpotClub® Exec Card.

Companies regularly negotiate corporate discounts with The Parking Spot for use by their employees (“Participating Company(ies)”). If your current employer is a Participating Company, you may be eligible for a theSpotClub® Exec card, which may be pre-loaded with a specific discount that has been negotiated in advance by your Participating Company. To qualify to use that discount at one of our parking facilities, at the time of service you must present to The Parking Spot personnel your theSpotClub® Exec card and any other documentation required by The Parking Spot in its sole discretion. theSpotClub® Exec cards can be used only by an individual who is current employee of a Participating Company, and may not be used by the employee’s friends or family members. You must cease use of a theSpotClub® Exec card once you are no longer an employee of a Participating Company.

7. Reservations

You may make a reservation on the Website or App to self park at The Parking Spot’s parking facility which you designate when making such reservation (the “Facility”), or to bring your vehicle to a Facility to valet park your vehicle in the location selected by The Parking Spot at the Facility or at a Storage Location (defined in Paragraph 8 below). If you are a Member, have set up an Account, or have a registered theSpotClub® card or theSpotClub® Exec card, and you make a reservation when signed in to your Account on the Website or App, you can complete your reservation without paying The Parking Spot a reservation fee (the “Reservation Fee”). All other reservations are subject to the Reservation Fee indicated on the Website or App at the time the reservation is made.

8. Award Certificates.

If you have registered an Account and have registered your theSpotClub® card or theSpotClub® Exec card to your Account, you may visit our Website or App to redeem the Points in your Account for award certificates for free days of parking at our parking facilities, provided that your Account has sufficient Points for the requested award certificate, and you continue to be a Member and have a registered Account both at the time you generate the award certificate and at the time that you use the award certificate to pay for parking services at our parking facilities.

To generate an award certificate you must redeem Points to make a reservation while logged in to your Account on the Website or App to self park or valet park your vehicle at a Facility. The Parking Spot will honor the reservation on the specified day and at the designated Facility if you arrive at the Facility at the designated check-in time. Please note that if you valet park your vehicle, it may be moved from the designated Facility to an off-site storage location (“Storage Location”) and moved back to the Facility upon or before your return to the Facility for which you made the reservation. We do not guarantee that a particular parking space, product type or the reserved service level requested in a reservation will be available. If we are unable to accommodate the reserved service level on the day for which you initially made the reservation when redeeming Points, you may be eligible to have the difference in Points re-deposited into your Account. We may request additional documentation and information in our sole discretion to verify your eligibility and to process such requests. If you do not use an award certificate on the day for which you initially made the reservation when redeeming Points, you may bring the award certificate to the Facility for use on another day, however, we cannot guarantee that we will be able to accommodate you at any service level on that day. If you use an award certificate at the Facility for which you initially redeemed Points on any day other than the day for which you initially made the reservation when redeeming Points, but the service level at that Facility is not available or the effective applicable daily parking rate at that Facility on the alternate day is higher, you may be required to pay us the difference in price between the service level or the daily parking rate for which you redeemed Points and the actual service level or the applicable daily parking rate available at the Facility on the alternative day (if the available service level or the applicable parking rate for the Facility on the alternate day would have required the redemption of additional Points at the time the reservation was made and the award certificate was generated.)

The number of Points which must be redeemed for any particular award certificate varies and is determined based upon the applicable parking rates effective for the Facility on the date(s) of the reservation, the length of stay, the Facility location, and the service level that you are requesting for such award certificate, all as indicated on the Website or App when you redeem Points. For each free day of parking at the particular Facility and service level for which you request an award certificate, you will be required to redeem the number of Points equal to the then-applicable daily parking rate for such Facility and service level on the reserved date(s) multiplied by 35, except that in peak holiday travel periods the multiplier required for each free day of parking may be 52.5 or 70, as determined in The Parking Spot’s sole discretion. Accordingly, an award certificate redeemed with Points sufficient for a given stay during a non-peak travel period may not be sufficient to pay for a stay at the same Facility during a peak travel period. For example, if you have requested an award certificate for a Facility and service level which has a daily parking rate of $10.00 for your reserved date(s), and it is not a peak holiday travel period, then you will need to redeem 350 Points (10 x 35) for each free parking day to be reflected on the award certificate. However, if you have requested an award certificate for the same Facility and service level which has a daily parking rate for your reserved date(s) of $10.00, and it is a peak holiday travel period, then you will need to redeem 525 Points (10 x 52.5) or 700 Points (10 x 70) (as determined in The Parking Spot’s sole discretion at the time of reservation) for each free parking day to be reflected on the award certificate. You will be informed of the number of Points required for the free day of parking prior to completing the redemption transaction.

Award certificates may be redeemed for one (1) or more full days during a single stay only, and must be surrendered at exit. Redemption of award certificates may be subject to additional restrictions and requirements set forth on the face of the award certificate. Award certificates are fully redeemed when surrendered. Award certificates are valid only for the length of stay, Facility, and service level specified on the award certificate.

9. Transferability of Award Certificates

Award certificates are transferable only gratuitously, and are void if bartered or sold other than as may be expressly authorized and/or sponsored by The Parking Spot. Lost or stolen award certificates cannot be replaced if redeemed.

10. No Transferability of theSpotClub® Card and theSpotClub® Exec Cards.

theSpotClub® cards and theSpotClub® Exec Cards are not transferable.

11. Expiration of Points.

Points will expire, without notice, eighteen (18) months after the latest Account Activity relating to a registered theSpotClub® card or theSpotClub® Exec card on which the Points were accumulated. Points accumulated on or before September 18, 2017 using an unregistered theSpotClub® card or theSpotClub® Exec card will expire without notice eighteen (18) months after the last Activity on such unregistered card that occurred on or before September 18, 2017. Points accumulated using an unregistered theSpotClub® card or theSpotClub® Exec card on or after September 19, 2017 will expire, without notice, ninety (90) days after the latest Activity on the unregistered card on which such Points were accumulated. “Activity” includes registering your theSpotClub® card or theSpotClub® Exec card, earning Points pursuant to Paragraph 4 above, making a reservation for parking services while signed in to your Account, or using award certificates to pay for parking services. If you have more than one card and believe that you may be accruing Points on more than one of those cards, please contact us by email at feedback@theparkingspot.com so that the Points being accumulated under those cards can be merged into one Account. You may be required to provide additional information and documentation, as required by The Parking Spot in its sole discretion, to verify and process your request.

The Points redeemed to generate an award certificate expire with the corresponding award certificate in accordance with Paragraph 12 below. If a Member closes their Account, or requests that we delete his or her required Account information from our systems (e.g. name, mailing address, email address or telephone number(s)), the Account and all Points in that Account will be terminated without further notice, and any previously issued Program award certificates that have not been used will immediately expire and be void. If you are expelled from the Program pursuant to Paragraph 13 below, we have the right to cancel some or all of the Points you have accumulated in our sole discretion. In addition, as noted in Paragraph 3 above, if a Member’s theSpotClub® card or theSpotClub® Exec card is lost or stolen and that card was not registered, any Points that may have been accumulated with that unregistered card will not be credited to the Member’s Account and are forfeited.

12. Expiration of Award Certificates; Use of Other Promotions.

Program award certificates expire six (6) months after the reserved check-in date shown on the face (or the electronic equivalent) of the award certificate, except if a Member closes their Account or otherwise requests that we delete their required Account information from our systems (e.g. name, mailing address, email address or telephone number(s)), in which case any previously issued and unused award certificates will immediately expire and be void. No additional coupons or discounts may be combined or used with an award certificate unless allowed by the Facility at which you are redeeming an award certificate, as determined in its sole discretion. The Points used to generate lost, stolen, or unused award certificates may not be re-deposited into your Account.

13. Expulsion from the Program.

Members may be expelled from theSpotClub® Program for any violation of the Program Terms and Conditions, as determined in our sole discretion, including but not limited to the following:

A. attempting to print and redeem an award certificate with the same number more than once;

B. bartering or selling an award certificate other than as may be expressly authorized and/or sponsored by The Parking Spot;

C. transferring a theSpotClub® card or theSpotClub® Exec card;

D. breaching the terms and conditions applicable to one of our parking facilities;

E. circumventing or gaming our revenue control systems, or otherwise engaging in fraud, abuse, misrepresentation, illegal activity, or other improper conduct; or

F. engaging in behavior that is offensive either to our employees or other guests at our parking facilities.

14. Ownership of theSpotClub® and theSpotClub® Exec Cards.

Your theSpotClub® card or theSpotClub® Exec card shall, at all times, remain the property of The Parking Spot, and must be surrendered to The Parking Spot upon demand. The Parking Spot reserves the right to invalidate a theSpotClub® card or theSpotClub® Exec card at any time in its sole discretion.

15. Trademarks.

All trademarks, service marks and trade names used by The Parking Spot on the Website, the Apps, in connection with theSpotClub® Program, or otherwise are proprietary to The Parking Spot or their respective owners that have granted The Parking Spot the right and license to use such trademarks, service marks and trade names, and are protected by U.S. and international trademark laws. No user of the Website or App or participant in the Program is granted any rights in or to such trademarks, service marks or trade names, and all rights in and to such marks and designations are reserved by The Parking Spot and/or their respective owners. The Parking Spot's trademarks, service marks and trade names used in connection with theSpotClub® Program include, without limitation, the following: The Parking Spot™, theParkingSpot®, The Spot ClubTM, theSpotClub®, We Have Airport Parking Covered®, Soft Hands Car Care®, Spot®, the spotted design on The Parking Spot’s shuttle buses, and the other logos of The Parking Spot.

16. Special Offers and/or Programs with Partners.

All special offers involving Points, Tiered Benefits and/or TheSpotClub® Program are subject to these Program Terms and Conditions. In addition to these Program Terms and Conditions, we and/or our Partners may have special terms and conditions that provide additional rules for earning, transferring, accumulating, and redeeming Points under our Program or points (or other discounts, values, benefits, etc.) under our Partners’ respective programs in connection with special offers and/or programs with our Partners. Unless otherwise expressly provided, in the event of a conflict between these Program Terms and Conditions and any of our Partners’ terms and conditions, these Program Terms and Conditions shall apply with respect to the Program. Partners are independent entities and are not agents, employees, or subcontractors of The Parking Spot, and The Parking Spot is not responsible for their acts or omissions (including, without limitation, their solicitation efforts or their award or transfer of points or other benefits under their respective programs) or any products or services supplied by them (including, without limitation, the nature or quality of their products, services or programs). For clarity, any theSpotClub® cards or theSpotClub® Exec cards issued by us in connection with programs with our Partners, including such cards that may be co-branded with The Parking Spot’s and our Partners’ names or marks, are theSpotClub® cards or theSpotClub® Exec cards within the meaning of these Program Terms and Conditions, and use of such cards is subject to and shall be in accordance with these Program Terms and Conditions.

17. Additional Program Terms.

We reserve the right to provide additional operating rules or terms that may govern your participation in the Program or certain aspects thereof, including without limitation those relating to the accrual, redemption, or expiration of Points, award certificates, tier status, Tiered Benefits, or other Program benefits, which additional operating rules or terms may appear, without limitation, on the face (or the electronic equivalent) of award certificates (“Additional Program Terms”). Any Additional Program Terms are hereby incorporated by reference into these Program Terms and Conditions. To the extent any Additional Program Terms conflict with these Program Terms and Conditions, the Additional Program Terms will control.

18. Privacy.

For information about how we collect and use personally identifiable information that you may provide us when joining the Program, setting up an Account, or otherwise participating as a Member in the Program, please review our Privacy Policy by visiting http://www.theparkingspot.com/privacypolicy.aspx or by clicking the “Privacy Policy” link at the bottom of the page of our Website.

19. Disclaimer of Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS. THE PARKING SPOT MAKES NO WARRANTY OF ANY KIND RELATED TO THE PROGRAM AND/OR ANY PARTNER PROGRAMS, AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT THERETO, WHETHER EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESIGN, ACCURACY, CAPABILITY, SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS OR AVAILABILITY) AND/OR ARISING BY STATUTE OR OTHERWISE IN LAW FROM DEALING OR USAGE OF TRADE.

20. Limitation of Liability.

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE PARKING SPOT NOR ITS PARENT, SUBSIDIARIES, RELATED COMPANIES OR CONTROLLED AFFILIATES OR ANY OF ITS OR THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, SERVICE PROVIDERS, STRATEGIC PARTNERS OR DISTRIBUTION PARTNERS (COLLECTIVELY, “COMPANY ENTITIES”) SHALL BE LIABLE FOR, AND YOU HEREBY WAIVE YOUR RIGHT TO MAKE A CLAIM AGAINST THE COMPANY ENTITIES FOR, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM, ARISING FROM, RELATING TO OR IN ANY WAY CONNECTED WITH: (a) THE USE OF OR PARTICIPATION IN, OR THE INABILITY TO USE OR PARTICIPATE IN, THE PROGRAM OR ANY PARTNER PROGRAMS; (b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA WHEN USING THE WEBSITE OR APP; OR (c) ANY OTHER MATTER RELATING TO THE PROGRAM, PARTNER PROGRAMS, OR THE PROGRAM TERMS AND CONDITIONS. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE COMPANY ENTITIES ARE NOT LIABLE FOR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM ANY INABILITY OR FAILURE TO HONOR ANY SELF PARKING OR ON-AIRPORT VALET RESERVATION. IF YOU ARE DISSATISFIED WITH ANY OF THE PROGRAM TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CLOSE YOUR ACCOUNT AND DISCONTINUE PARTICIPATION IN THE PROGRAM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

21. Arbitration and Dispute Resolution Agreement.

PLEASE READ THE FOLLOWING CLAUSE CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

A. Initial Dispute Resolution. We are available by email at feedback@theparkingspot.com to address any concerns you may have regarding your participation in the Program. Most concerns may be quickly resolved in this manner. Except for intellectual property claims and small claims court claims (see Paragraphs 20(D) and 20(E) below), we and you (each a “party” and together, the “parties” for the purposes of this Paragraph 20) shall attempt to settle any dispute, claim, question or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. Notices of Dispute must: (1) include the full name and contact information of the complaining party; (2) describe the nature and basis of the claim or dispute; and (3) set forth the specific relief sought (“Demand”). We will send our Notice of Dispute to the email address you provided to us when you registered your Account. You will send your Notice of Dispute to: The Parking Spot, 200 W. Monroe St., Suite 1500, Chicago, IL 60606, Attention: Legal Department.

B. Agreement to Binding Arbitration. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Paragraph 20(A) above, then either party may initiate binding arbitration. All claims arising out of or relating to this agreement (including its formation, performance and breach) and/or your participation in the Program shall be finally settled by binding arbitration administered by the American Arbitration Association on a confidential basis in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this agreement, including but not limited to any claim that all or any part of this agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this agreement shall be governed by the Federal Arbitration Act.

THE AAA’S RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.ADR.ORG OR BY CALLING THE AAA AT 1.800.778.7879. TO THE EXTENT THE FILING FEE FOR THE ARBITRATION EXCEEDS THE COST OF FILING A LAWSUIT, WE WILL PAY THE ADDITIONAL COST. A REQUEST FOR PAYMENT OF FEES SHOULD BE SUBMITTED TO AAA ALONG WITH YOUR FORM FOR INITIATING THE ARBITRATION, AND WE WILL MAKE ARRANGEMENTS TO PAY ALL NECESSARY FEES DIRECTLY TO THE AAA. IF THE ARBITRATOR FINDS THE ARBITRATION TO BE NON-FRIVOLOUS, WE WILL PAY ALL OF THE ACTUAL FILING AND ARBITRATOR FEES FOR THE ARBITRATION, PROVIDED YOUR CLAIM DOES NOT EXCEED $75,000. THE ARBITRATION RULES ALSO PERMIT YOU TO RECOVER ATTORNEYS’ FEES IN CERTAIN CIRCUMSTANCES.

THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAT IN COURT.

C. C. Class Action and Class Arbitration Waiver. THE PARTIES FURTHER AGREE THAT ANY ARBITRATION SHALL BE CONDUCTED IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Paragraph 20(B) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

D. Exceptions – Intellectual Property Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief under law or in equity (including without limitation preliminary or other injunctive relief) in any court of competent jurisdiction for disputes or claims arising out of the alleged infringement of either party’s intellectual property rights. Neither party is required to engage in informal dispute resolution pursuant to Paragraphs 20(A) and 20(B) above before seeking relief in any court of competent jurisdiction for disputes or claims arising out of such alleged infringements.

E. Exceptions – Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in small claims court for disputes or claims within the scope of that court’s jurisdiction. Neither party is required to engage in informal dispute resolution pursuant to Paragraphs 20(A) and 20(B) above before seeking relief in small claims court for disputes or claims within the scope of that court’s jurisdiction.

F. 30 Day Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Paragraphs 20(B), 20(C), 20(D) and 20(E) by sending written notice of your decision to opt-out to the following address: The Parking Spot, 200 W. Monroe St., Suite 1500, Chicago, IL 60606, Attention: Legal Department.

The notice must be sent within thirty (30) days after the first of the following to occur after the Effective Date: (i) you set up a new Account, (ii) you sign in to your existing Account, (iii) you make a reservation on the Website or applicable App when signed in to your Account, or (iii) you register your theSpotClub® card or theSpotClub® Exec card, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.

G. Exclusive Venue for Litigation; JURY TRIAL WAIVER. To the extent that the arbitration provisions set forth in Paragraph 20(B) do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in State of Illinois, Cook County (except for small claims court actions which may be brought in the county where you reside, provided that we are subject to jurisdiction there). The parties expressly consent to exclusive jurisdiction in the State of Illinois, Cook County for any litigation other than small claims court actions. The parties also expressly agree that, to the extent that the arbitration provisions set forth in Paragraph 20(B) do not apply, these Program Terms and Conditions shall be construed in accordance with the laws of the State of Illinois without regard to its conflict of laws rules that would result in the application of the laws of a jurisdiction other than the State of Illinois. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available. THE PARTIES ALSO EXPRESSLY AGREE THAT, TO THE EXTENT THAT THE ARBITRATION PROVISIONS SET FORTH IN PARAGRAPH 20(B) ABOVE DO NOT APPLY, THE PARTIES EXPRESSLY WAIVE THE RIGHT TO TRIAL BY JURY.

H. Modifications. Any modification to Paragraph 20 shall not apply to any disputes of which we are aware or reasonably should be aware at the time of such modification, and will apply to all disputes arising after such modification, regardless of whether such disputes arise from events or omissions that occurred before such modification. Notwithstanding any provision in this Paragraph 20 to the contrary, if we make any future change to this Paragraph 20 (other than a change to the email address in Paragraph 20(A) to which you should send us notice of any dispute), you may reject any such change by sending us written notice within thirty (30) days after the change to The Parking Spot, 200 W. Monroe St., Suite 1500, Chicago, IL 60606, Attention: Legal Department. By rejecting any change(s), you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision (unless you timely opted-out of the arbitration provisions pursuant to Subsection F above).

22. Miscellaneous

The Parking Spot has the sole right to interpret and apply the Program Terms and Conditions. Points, award certificates, Program tier status, Tiered Benefits and other Program benefits have no cash value and may not be redeemed for cash. Points, Program tier status, Tiered Benefits and other Program benefits are non-transferable and may not be shared among Members, their estates, successors or assigns. In addition, accumulated Points, awards certificates, discounts, Program tier status and Tiered Benefits do not constitute property of Member and are non-transferable, including without limitation upon the death of a Member or as a part of any domestic relations matter. If any provision hereof shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Program Terms and Conditions, and shall not affect the validity and enforceability of any remaining provisions hereof. Our electronically or otherwise properly stored copy of these Program Terms and Conditions will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Program Terms and Conditions in connection with any action or proceeding arising out of or relating to these Program Terms and Conditions. Our waiver of any violation of these Program Terms and Conditions will not be a waiver of any preceding or subsequent violation hereof. These Program Terms and Conditions constitute the entire understanding with respect to the subject matter hereof, and shall supersede any and all communications, negotiations, correspondence, course of dealings and other agreements regarding such subject matter.

23. Questions

Please contact us with any questions regarding theSpotClub® Program or the Program Terms and Conditions by email at feedback@theparkingspot.com.

RESERVE
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