Terms & Conditions
Please read these terms carefully.
This is a binding agreement between FanSpotz, LLC and its affiliates (“We”, “us”, or “FanSpotz”) and any person who has indicated their assent hereto by expressing acceptance for use of the FanSpotz application (“App”). Any persons who access or establish a connection to the Services will also be deemed to have accepted the terms of this agreement.
HOW THE SERVICES WORK
The core of the Services is an online marketplace where registered members (“Members”) who own parking spots (“Parkers” and “Parking Spots,” respectively) to list those Parking Spots (each, a “Listing”) and make them available for rent to Members who wish to use them (“Fans”). Anyone may view Listings as an unregistered user of the Services, however, only Members may list or make reservations of Parking Spots.
FanSpotz is not an owner of Parking Spots or a representative of owners of Parking Spots. FanSpotz does not rent, manage or control Parking Spots. FanSpotz’s responsibilities are limited to: (1) facilitating the availability of the Services, and (2) serving as the limited payment collection agent of Parkers for the purpose of accepting payments from Fans.
ACCORDINGLY, FANSPOTZ IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY LIABILITY RELATED TO LISTINGS, RESERVATIONS, PARKING SPOTS, AND THE TRANSACTIONS BETWEEN PARKERS AND FANS DESCRIBED HEREIN. PARKER WARRANTS THAT HE/SHE HAS THE AUTHORITY TO RENT, MANAGE AND CONTROL PARKING SPOTS. FURTHER, PARKER IS RESPONSIBLE FOR FOLLOWING ALL APPLICABLE LAWS, REGULATIONS AND ORDINANCES ASSOCIATED WITH THE PARKING SPOT.
Parkers are solely responsible for honoring any reservations and making available any Parking Spots reserved through the Services. If you, as a Fan, choose to enter into a transaction with a Parker for the reservation of a Parking Spot, you understand and agree that you will be required to enter into an agreement with the Parker and you must honor any terms, conditions, rules and restrictions associated with such Parking that you have accepted. Once a reservation is confirmed, FanSpotz will send both Parker and Fan a confirmation email summarizing the transaction.
In consideration of providing the Services, FanSpotz charges service fees to both Parkers and Fans (“Parker Service Fees” and “Fan Service Fees,” respectively, and together, the “Services Fees”). Fans are also responsible for paying the fees set by Parkers for Parking Spots (the “Parking Fees”). Parking Fees and Fan Service Fees are collectively referred to herein as the “Total Fan Fees.” Where applicable, taxes may also be charged. You as a Fan agree to pay FanSpotz the Total Fan Fees for any reservation requested through your FanSpotz Account. FanSpotz deducts the Parker Service Fees from the Parking Fees before remitting the balance to the Parker.
FanSpotz will collect the Total Fan Fees at the time the reservation is made by the Fan and will pay the Parking Fees (less the Parker Service Fees) to the Parker on up to a monthly basis. The time it takes for the Parker to receive payouts may depend upon the method that the Parker chooses for receiving payouts. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services directly on the Parker.
Each Parker hereby appoints FanSpotz as the Parker’s limited payment collection agent solely for the purpose of accepting the Parking Fees from Fans. In accepting this appointment, FanSpotz assumes no liability for any acts or omissions of the Parker.
If you are directed to FanSpotz’s third-party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review these third-party terms and conditions and privacy policies before using the services.
CANCELLATIONS AND REFUNDS
FanSpotz may apply penalties to or impose consequences for Parker cancellations, including (1) publishing an automated review on your Listing indicating that a reservation was cancelled, (2) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled reservation, or (3) imposing a cancellation fee up to $50 (which may be withheld from your future payouts). You will be notified of the situations in which a cancellation fee applies before you decide to cancel.
In certain exceptional circumstances, FanSpotz may decide that it is necessary or desirable to cancel a confirmed reservation, in which case FanSpotz may also determine, in its sole discretion, to refund to the Fan all or part of the Parking Fee. You agree that FanSpotz and the relevant Fan or Parker will not have any liability for such cancellations or refunds.
Depending on the amount of Parking Fees you earn through the Services, tax regulations may require us to collect appropriate tax information from you as Parker, or to withhold taxes from payouts to you, or both. If we request information from you for this purpose, you agree to provide it promptly and to keep it current, complete and accurate. If you as Parker fail to provide us with information or documentation that we determine to be necessary to meet our obligations to withhold taxes, we may suspend payouts to you until we receive the information necessary to enable us to withhold the amounts required by law.
You as Parker understand and agree that you are solely responsible for determining (1) your applicable tax reporting requirements, and (2) the taxes that should be charged at the time of reservation. You are also solely responsible for remitting to the relevant authority any taxes received by you. FanSpotz cannot and does not offer tax-related advice to any Members.
DAMAGE TO PROPERTY
You as Fan are responsible for leaving the Parking Spot in the condition you found it in when you arrived. FanSpotz may in its discretion provide tools as part of the Services to enable Parkers and Fans to communicate about issues that may arise relating to property damage. However, FanSpotz is not responsible to take any specific steps to investigate or mediate disputes. The responsibility to address and resolve any such issues lies solely with Parkers and Fans.
You as a Fan understand and agree that you are parking at your own risk and the Parker is not responsible for any damage to your car or the loss of personal belongings left in the car.
- You may not use the App to:
- Publish any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information or content;
- Defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others including, without limitation, rights relating to privacy and publicity; or
- Distribute any information, materials or content (including for greater certainty, software) which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component;
- You acknowledge that we may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard.
- You are not entitled to reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purpose the App’s contents other than content you have posted. You are not entitled to use any data mining, robots, or similar data gathering and extraction tools to collect usernames, email addresses or any other data or content for the purposes of sending unsolicited email or for any other use.
- FanSpotz’s services are directed at an adult market, and therefore the App is intended for use by adults only. You may not use this App if you are under 18 years of age.
- The App may include links to other web sites or material which are beyond its control. We are not responsible for any content on any site outside the App, nor do we make any representation or warranty of any kind regarding any linked site or the information, products or services appearing thereon.
- You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our App must not be framed on any other site, nor may you create a link to any part of our App other than the homepage. You will remove any link you may have to the App on our request.
- We reserve all rights to our registered and unregistered trademarks (whether owned or licensed to us) which appear on this App.
- We grant you a limited license to access and make personal and use of the App, but not to download (other than page caching) or modify it, or any portion of it, except with our express written consent.
- By uploading or displaying any user-generated content (“User Content”) on this App you warrant that you have full right and authority to display that content and expressly assign all copyright and other rights to such content to us (and you agree to waive all moral rights in relation to such content). For the avoidance of doubt we are permitted to use any User Content for any of our other business purposes, even following termination of your account.
- We do not screen User Content (including content relating to available parking spaces) or information on the App and we cannot give any assurance as to its accuracy or completeness. Users of this App are asked not to publish any defamatory, misleading or offensive content or any content which infringes any other person’s intellectual property rights.
- The material displayed on our App is provided without any representations, conditions or warranties as to its accuracy and is provided on an “as is” and “as available” basis. You acknowledge and agree that use of the App and its content is entirely at your own risk. To the extent permitted by law, we hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by any law, regulation, statute, common law or law of equity.
- Your access to the App may be occasionally interrupted to allow for repairs, maintenance or the introduction of new facilities or services. Any such interruption shall not constitute a breach by us of these Terms.
- We will not be liable for any damages arising as a result of your use of the App, or any interruption in your access to the App, whether such damages are incurred or suffered as a result of our negligence or otherwise, including, without limitation, direct, indirect, incidental, consequential, special, exemplary, punitive damages, lost profits, loss of use, loss of data, personal injury, fines, fees, penalties or other liabilities, whether or not FanSpotz is advised of the possibility of such damages.
- We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
- We make no warranty regarding the quality or safety of Parking Spots or the accuracy, timeliness, truthfulness, completeness or reliability of any content displayed within the Services, including Listings.
- We do not complete background checks on Members. Your interactions with such persons are at your own risk. You are advised to conduct yourself with a level of caution appropriate for dealings with persons not personally known to you.
- The inclusion or offering for sale of any product or service as part of the Services does not constitute an endorsement or recommendation by FanSpotz, and you agree not to make any claim against the FanSpotz relating to the purchase of these products or services.
- You agree to indemnify and hold harmless FanSpotz, LLC and its officers, directors, employees and agents from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the App; (ii) your breach or violation of any of these Terms; (iii) FanSpotz, LLC’s use of your User Content.
This agreement is to be governed and interpreted pursuant to the laws of the State of Arkansas, without regard to its choice of law rules. If any part of this agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Any notices or other communications permitted or required hereunder will be in writing and given by FanSpotz via e-mail, to the address that you provided when registering, and will be effective upon transmission. You agree that these terms will continue to be binding upon you after termination of your use of the App.
DISPUTE RESOLUTION; WAIVER TO TRIAL BY JURY
All disputes relating to the interpretation of this agreement or the rights of the parties hereunder will be exclusively settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. Disputes involving $75,000 or less shall use the AAA’s Expedited Rules. The parties shall mutually agree upon a single commercial arbitrator, and in the absence of agreement, the AAA shall select the arbitrator. The parties will share equally in the costs of arbitration payable to the AAA, including the arbitrator. The award of the arbitrator will be accompanied by a reasoned opinion. Judgment on an arbitration award may be entered in accordance with the Federal Arbitration Act in any federal court having jurisdiction.
You acknowledge and agree that you and FanSpotz are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and FanSpotz otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
The parties to this agreement may, notwithstanding the above, seek equitable relief in any proper court to enjoin a breach or threatened breach of any obligations under this agreement that might cause irreparable harm (without any requirement to post bond).
Updated: April 3, 2018
Personal Information We Collect
Use of Personal Information
- In connection with your use of the App, we may collect the following personal information from you:
- Certain information required to register with the App including first and last name, your address, mobile number together with some basic security information;
- Details of any bookings you make through the App;
- Your email address and password;
- Billing information such as your credit card number and expiration date; and
- Other information about you that you voluntarily provide us.
- Information required by Stripe for payouts including, date of birth, bank, account number and transit number.
- Although it is not compulsory to give us this information in order to use the App, if you do not then you cannot register as an account with the App, make a booking for a parking space, or list a parking space for rent.
- We will use this information in order to:
- Administer your bookings whether you are a parking space owner or a driver;
- Collect payment of parking space fees from you on behalf of our parking space owners;
- Deliver payment of parking space fees collected on your behalf;
- Make general improvements to our App and the services we offer;
- Analyze how customers are making use of the App;
- Notify you of certain offers and new products (subject to your right to unsubscribe or opt-out);
- Market and advertise relevant products and services. This may include FanSpotz, LLC and our partners sending you information about products and services that will be relevant to you, by email, mobile messaging, postal mail or direct telephone contact. All of the above are subject to your stated preferences; we and our content partners will always make it clear how you can prevent such marketing or communications i.e. opt-out of these uses; and
- Manage your account and provide you with customer support.
- Your personal information will not be used for any other purpose without your consent.
Sharing of your Personal Information
- In order for payments to be processed, you may need to provide some necessary details to our payment processing agent(s). We do not store credit card numbers or CVV/CVV2 security numbers on our servers.
- We have the ability to re-charge a payment source at a later date for recurring bookings, cancellation fees and other payments that need to be taken to ensure App operations work properly.
- We may use third-party suppliers to provide part of our service to you. In some circumstances these providers may be based in countries outside of the United States whose laws provide for a different standard of protection for your personal information than that provided under U.S. law. In such circumstances we will have in place strict contractual arrangements that will require your information to be processed securely, at least to a standard equivalent to U.S. privacy laws.
- Other than as set out above, we will not disclose any of your personal information without your permission unless we are required by law to do so (for example, if required to do so by a court order or for the purposes of prevention of fraud or other crime).
Other Information Collected when Using our App
- Log files/IP addresses. When you visit the App our web server automatically records your IP address. This IP address is not linked to any of your personal information. We may also gather other non-personal information (from which we cannot identify you) such as the type of your internet browser, which we use to provide you with a more effective service.
- Storing details about your App preferences (for instance, where you are based);
- Storing details about any listings you have viewed; and
- Enabling our web server to track your session between pages of the App and provide a continuity of experience
Other Apps and Sites
Transferring your information outside of the U.S.
- If you use the App while you are outside of the U.S., your information may be transferred outside U.S. in order to provide you with those services.
We use appropriate security safeguards to protect your personal information against loss, theft, and unauthorized access. Any personal information you provide the App is exchanged on a secure server. Unfortunately, no data transmission over the internet can be guaranteed to be 100 percent secure. As a result, while FanSpotz strives to protect your personal information, we cannot warrant the security of any information you transmit to us, and you do so at your own risk.
We reserve the right to co-operate with local, state, national and international authorities in investigations of improper or unlawful activities, and this may require the disclosure of personal information. We may also report to other organizations about improper or unlawful user activities on this App, and this reporting may include disclosure of personal information relating to those individuals conducting such improper or unlawful activities.
FanSpotz’s services are directed at an adult market, and therefore the App is intended for use by adults only. No information should be submitted to or posted on this App by users under 18 years of age without the consent of their parent or guardian. Children are not eligible to use our services and we ask that minors (under the age of 18) do not submit any personal information to us.
Access and Modification to Your Personal Information
- At your request we will provide you with a statement disclosing all your personal information currently in our possession, and an explanation of how your personal information has been used and/or disclosed by us. Your right to access your personal information is subject to applicable legal and commercial restrictions.
- If you wish to update your personal information, please login to your account on the App to make such changes online.
- If you have an online account with us, you may also choose to close your account at any time. After you close your account, you will not be able to sign in to our App or access any of your personal information. However, you can open a new account at any time.
Updated: April 3, 2018