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 TO 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 and d/b/a Spot (“The Parking Spot,” “we” or “us”), whereby qualifying theSpotClub® customers can use certain available discounts for parking services at The Parking Spot facilities and earn and use Program points (“Points”) 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 clicking on a checkbox to accept these Program Terms and Conditions, creating a Program account (“Account”) or registering your theSpotClub® card or theSpotClub® Exec card on this website (the “Website”) or certain of our mobile applications (the “App”), signing in to your Account, making a reservation on the Website or App 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/terms-and-conditions (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 CREATE 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 INTO YOUR ACCOUNT, OR OTHERWISE PARTICIPATE IN THE PROGRAM. IF YOU DO NOT AGREE TO THE PROGRAM TERMS AND CONDITIONS, 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 POINTS THAT HAVE ACCUMULATED ON YOUR UNREGISTERED theSpotClub® CARD OR theSpotClub® EXEC CARD.
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 affect the value of Points 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, changes in the terms and conditions for the redemption of Points and the issuance of award certificates, changes in the terms and conditions for the redemption of award certificates, and other changes to the Program Terms and Conditions. Members, in accumulating Points, may not rely on the continued availability of an award level. 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 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 creating an Account or 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 redeem Points, a Member first must register his or her theSpotClub® card or theSpotClub® Exec card. Membership in the Program may be prohibited or restricted in some foreign countries. Nothing in these Program Terms and Conditions shall be read to override or circumvent such foreign laws.
3. Creating an Account and Registering theSpotClub® Cards and theSpotClub® Exec Cards.
Members can create an Account and register their unregistered theSpotClub® card or theSpotClub® Exec card on the Website and certain Apps. To create an Account or 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 process. By creating an Account, registering your theSpotClub® card or theSpotClub® Exec card on the Website or the 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. Members can use special Member discounts for parking services at our facilities and accumulate Points on their theSpotClub® card or theSpotClub® Exec card without registering their card. However, Points will not be credited to a Member’s Account and cannot be redeemed for award certificates unless and until the card on which the Points were accumulated has been registered by the Member on the Website or App and an Account has been set up. Furthermore, 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. The Parking Spot therefore encourages all Members to register their unregistered theSpotClub® card or theSpotClub® Exec card as soon as possible following receipt. If you create an Account on the Website or the App on or after February 2, 2016, theSpotClub® card or theSpotClub® Exec card that will be mailed to you is automatically registered and linked to your Account. However, if you created your Account before February 2, 2016 and are using theSpotClub® card or theSpotClub® Exec card that was mailed to you, or if you received or receive your theSpotClub® card or theSpotClub® Exec card at any time through any other means, including without limitation at a Facility (as defined in Paragraph 6 below) or at a sponsored event, that card was or will be unregistered when provided to you. Cards only need to be registered once, and if you have not already done so, you can visit www.theparkingspot.com/spot-club/sign-up or use the App to register an unregistered theSpotClub® card or theSpotClub® Exec card. If you are not sure whether your theSpotClub® card or theSpotClub® Exec card is a registered or an unregistered card, please contact us at firstname.lastname@example.org and we can assist you.
Each Member is responsible for remaining knowledgeable about their Account information, including, but not limited to, accumulated Points, redeemed Points 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 or on the App. We may use the email address linked to your Account to send you important information relating to the Program, including without limitation special offers (if you have not opted out of receiving promotional emails from us), information relating to your transactions with us, notices regarding your Account, and notices regarding changes to the Program, the Program Terms and Conditions and/or the General Terms and Conditions. You accordingly agree to provide us your valid email address when setting up your Account, and you also agree to keep the email address linked to your Account up-to-date.
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 and present your theSpotClub® card or theSpotClub® Exec card at the time of payment. However, Points will not be credited to your Account for your use unless and until you have registered your card and set up an Account. As of the Effective Date of these Program Terms and Conditions, Members will receive five (5) Points for every dollar spent on parking, excluding all taxes, airport fees, car-care services and any other fees not directly attributable to parking. For purposes of awarding Points, all parking dollars spent will be rounded to the nearest dollar. Points are not accumulated on: (A) the value of parking services paid for with award certificates; (B) government taxes or fees; or (C) 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 special offers and/or offers 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 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 participation, or other factors determined in our sole discretion.
There may be some delay between eligible transactions and the posting of Points in your Account. If any Points which you believe you have accumulated on your registered theSpotClub® card or theSpotClub® Exec card as provided herein are not credited to your Account, you can fill out a form online available at www.theparkingspot.com/support/contact-us 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/or the amount of Points that can be earned are subject to change at any time by The Parking Spot in its sole discretion, without notice or liability.
5. 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 for 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 a 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.
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 7 below).. If you are a Member, have set up an Account, have a registered theSpotClub® card or theSpotClub® Exec card, and 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.
7. Award Certificates.
If you have registered your theSpotClub® card or theSpotClub® Exec card, 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 you continue to be a Member and your Account has sufficient Points for the requested award certificate. To generate an award certificate you must make a reservation on the Website or App to park or valet park your vehicle at a Facility while logged in to your Account. The Parking Spot will honor the reservation on the day and at the Facility, or, if you valet park your vehicle, at the Facility or at an off-site location (“Storage Location”) to which your vehicle may be moved for storage and from which your vehicle will be moved back to the Facility upon or before your return to the Facility, for which you made the reservation if you arrive at the Facility at the Designated Check-In Time, but we do not guarantee that a particular parking space, product type or the reserved service level 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 may not be able to accommodate you at any service level on that day. If you use an award certificate on a day other than the day for which you initially made the reservation when redeeming Points but the service level for which you initially redeemed Points is not available, you may be required to pay us the cash value of the difference in price between the service level for which you redeemed Points and the actual service level available (if the available service level would have required the redemption of additional Points.)
The number of Points which must be redeemed for any particular award certificate varies and is determined based upon the parking rates for 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 for an award certificate, you will be required to redeem the number of Points equal to the then-current standard published daily parking rate for such Facility and service level multiplied by 35. For example, if you have requested an award certificate for a Facility and service level which has a standard published daily parking rate of $10.00, then you will need to redeem 350 Points (10 x 35) for each free parking day to be reflected on the award certificate. Award certificates may be redeemed for one or more full days in one 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.
8. 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.
9. No Transferability of theSpotClub® Card and theSpotClub® Exec Cards.
theSpotClub® cards and theSpotClub® Exec Cards are not transferable.
10. Expiration of Points.
Points will expire, without notice, twenty-four (24) consecutive months after the latest activity on theSpotClub® card or theSpotClub® Exec card under which the Points were accumulated. Activity includes registering your theSpotClub® card or theSpotClub® Exec card, earning Points pursuant to Paragraph 4 above or redeeming Points for free parking. If you have more than one card and believe that you may be accruing Points under more than one of those cards, please contact us by email at email@example.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 our 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 11 below. If a Member closes his or her Account, or requests that we delete his or her required Account information from our system (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. If you are expelled from the Program pursuant to Paragraph 12 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.
11. 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 of the award certificate. 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.
12. 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.
13. 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.
All trademarks, service marks and trade names used by The Parking Spot on the Website, the App, 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®, Making Air Travel a Little Easier!™, Specialists in Airport Parking™, Soft Hands Car Care®, Spot™, the spotted design on The Parking Spot’s shuttle buses, and the other logos of The Parking Spot.
15. Special Offers and/or Programs with Partners.
All special offers involving Points 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. 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 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 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 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.
16. 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 redemption of Points and/or award certificates, which additional operating rules or terms may appear, without limitation, on the face 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. Disclaimer of Liability.
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 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.
19. Limitation of Liability.
TO THE FULLEST EXTENT POSSIBLE UNDER 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, THE PROGRAM TERMS AND CONDITIONS. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, EXCEPT FOR ANY GUARANTEE POLICY PASSES DESCRIBED IN PARAGRAPH 5(f) OF THE GENERAL TERMS AND CONDITIONS, THE COMPANY ENTITIES ARE NOT LIABLE FOR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM ANY INABILITY OR FAILURE TO HONOR ANY 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 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.
20. 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 firstname.lastname@example.org to address any concerns you may have regarding your participation in the Program. Most concerns may be quickly resolved in this manner. We and you (each a “party” and together, the “parties”) shall use best efforts 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.
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.
C. 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.
D. 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 THAN IN COURT.
E. 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.
F.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.
G. 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.
H. 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: (i) the first date after the Effective Date on which you (a) create an Account on the Website or App, (b) sign in to your existing Account, (c) make a reservation on the Website or App when signed in to your Account, or (d)) register your previously unregistered 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.
I. 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.
J. 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 only apply to all disputes arising after such modification, regardless of whether such disputes arise from events or omissions that occurred before such modification.
The Parking Spot has the sole right to interpret and apply the Program Terms and Conditions. Points and award certificates have no cash value and may not be redeemed for cash. Points are non-transferable and may not be shared among Members, their estates, successors or assigns. In addition, accumulated Points and awards certificates do not constitute the property of a 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.
Please contact us with any questions regarding theSpotClub® Program or the Program Terms and Conditions by email at email@example.com.