These Spots Terms of Service (these “Terms of Service”) are applicable to the website located
at www.tryspots.com (the “Site”) and the Spots mobile application provided by Spots
Development Group, LLC (referred to in these Terms of Service, as “Spots,” “we”, “us” and
“our”) on which a link to these Terms of Service is provided (the Site and mobile application are
referred to collectively in these Terms of Service as the “Service”). We prepared these Terms of
Service to help explain the terms that apply to your use of the Service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICE.
BY ACCESSING AND USING THE SERVICE, YOU ACCEPT AND AGREE TO THESE
TERMS OF SERVICE, AND YOU SIGNIFY YOUR AGREEMENT TO THE TERMS AND
CONDITIONS INCLUDED IN THESE TERMS OF SERVICE.
Notice Regarding Dispute Resolution: These Terms of Service contain provisions that
govern how claims you and we may have against each other are resolved (see Section 12
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 Section 12(E). 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.
1. Description of the Service.
A. Information You Directly and Voluntarily Provide to Us.
The Service is a platform that is intended to allow
college or university students to offer their available rooms or accommodations (“Hosts”) to
other college or university students seeking rooms or accommodations (“Guests”). Spots does
not own, manage or control any of the rooms or accommodations listed on the Service (each,
Each listing for an Accommodation provided by a Host through the
Service (each, a “Listing”) must relate to an individual and uniquely identified Accommodation,
and the Accommodation in a Listing may not be substituted for another Accommodation. Each
Listing must include, at a minimum, the address of the Accommodation, a description of the
Accommodation and the price you are asking for the Accommodation. You may also post up to
five photographs as part of each Listing. When you create a Listing, you may also choose to
include certain requirements that a Guest must meet in order to be eligible to book your
Accommodation, for example, requiring Guests to be non-smokers or to provide a verified
phone number. Hosts may also screen Guests who submit requests to book an
Accommodation and may reject Guests in their discretion. Hosts are solely responsible for the
information they include in each Listing and Spots reserves the right, at any time and without
prior notice, to remove or disable access to any Listing for any reason, including Listings that
Spots, in its sole discretion, considers to be objectionable for any reason. If you are a Host, you
understand and agree that Spots is not acting as an insurer or contracting agent and if a Guest
submits a request to book your Accommodation and stays at your Accommodation, any
agreement you enter into with the applicable Guest is between you and the Guest, and Spots is
not a party to that Agreement. Notwithstanding the foregoing, Spots serves as the limited
authorized payment collection agent for the Host for the purpose of accepting, on behalf of the
Host, payments from Guests.
C. Booking Requests.
If you are a Host and you receive a booking request from a Guest in connection with an Accommodation, you must either confirm or reject the booking request. When a Host confirms a booking, the Guest will automatically be sent a booking confirmation through the Service. Each Guest acknowledges and agrees that the Host, and not Spots, is responsible for honoring any bookings that are confirmed by a Host. Once a booking is confirmed, it is not subject to cancellation, except that either the Host or the Guest may cancel a booking. Bookings can be cancelled by either the guest or the host at no charge provided the cancellation occurs from the time of booking until 50% of the time until check in has elapsed. If a booking is cancelled after this by the guest, a cancellation fees of 50% of the first night’s booking price will be charged. If a booking is cancelled by the host, a cancellation fees of 20% of the first night’s booking price will be charged to the host. As a Guest, you are responsible for leaving the Accommodation in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation. In the event that a Host claims otherwise and provides evidence of damage, you agree to pay the cost of replacing the damaged items with equivalent items. Guests agree that a confirmed reservation is merely a license granted by the Host to the Guest to enter and use the Listing for the limited duration of the confirmed reservation and in accordance with the Guest’s agreement with the Host. Guests further agree to leave the Accommodation no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between the Host and Guest. If a Guest stays past the agreed upon checkout time without the Host’s consent, they no longer have a license to stay in the Accommodation, and the Host is entitled to make the Guest leave.
D. User Profiles.
Hosts and Guests will also be required to create user profiles.
Each user profile must include a description of yourself, including the college or university you
attend and a related “.edu” email address. You may also post up to five photographs as part of
your user profile. In addition, if you log in to the Service through Facebook Connect, your user
profile will include your Facebook user name, the photos you have posted to Facebook and any
mutual friends you may share with another member that views your user profile.
Hosts are solely responsible for determining the price they want a
Guest to pay in connection with an Accommodation. After as Host has posted the applicable
price as part of a Listing, and a Guest has submitted a request to book the Accommodation, the
Host may not request that the Guest pays a higher price than the price included in the Listing.
F. Accommodation Fees.
If a Host confirms a booking that was requested by a
Guest, the Guest will be responsible for paying Spots the fee associated with the booking as set
forth in the applicable Listing (the “Accommodation Fees”). In order to secure a booking
pending the applicable Host’s confirmation of a Guest’s requested booking, Spots, on behalf of
the Host, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit
card for the Accommodation Fees or (ii) charge your credit card a nominal amount, not to
exceed one dollar ($1), to verify your credit card. Once Spots receives confirmation of your
booking from the applicable Host, your payment card will be charged the full amount of the
Accommodation Fees. Spots will transmit the Accommodation Fees to the Host, less the
Booking Fee as described in Section 1(G) below. Each Host agrees that payment made by a
Guest through the Service, will be considered the same as a payment made directly to the Host,
and the Host will make the Accommodation available to the Guest in the agreed-upon manner
as if the Host had received the Accommodation Fees directly from the Guest. The
Accommodation Fees are not refundable under any circumstances.
G. Booking Fees
Spots charges a fee to both the Host and the Guest in
connection with each booking that is made using the Service (the “Booking Fee”). If you are a
Host, the amount of the applicable Booking Fee will be provided at the time you post a Listing.
If you are a Guest, the amount of the applicable Booking Fee will be provided at the time you
request a booking. The Booking Fee is due and will be charged at the time of confirmation and
payment of the Accommodation Fee. The Booking Fee is not refundable under any
circumstances. We use Braintree as a third-party payment system. We do not retain any
payment card information. Any and all payments or fees charged by third-party service
providers such as Braintree will be the responsibility of the users themselves unless otherwise
H. Appearance in Search Results.
We cannot guarantee that your Listing will
appear in any specific order in search results on the Service. Search order will fluctuate based
on a variety of factors such as search parameters, how frequently a calendar is updated, and
other factors that we may deem important to the user experience from time to time. Listing
appearance or order in any particular search result may also vary depending on the search
criteria used by the particular Guest. We reserve the right to apply various search algorithms or
to use methods to optimize results for particular Guest’s experiences. Search results and sort
order may appear different on the Spots mobile application than they appear on the Site.
WE HAVE NO CONTROL OVER THE QUALITY, SAFETY, OR
LEGALITY OF ANY ACCOMMODATION INCLUDED IN A LISTING, THE TRUTH OR
ACCURACY OF A LISTING, THE ABILITY OF HOSTS TO OFFER THE ACCOMMODATIONS
LISTED, THE ABILITY OF THE GUESTS TO PAY FOR THE TRANSACTION, DAMAGE TO
REAL PROPERTY, DAMAGE OR LOSS OF PERSONAL PROPERTY OR PERSONAL
INJURY RESULTING IN CONNECTION WITH A STAY. WE CANNOT ENSURE THAT A
HOST AND GUEST WILL ACTUALLY COMPLETE A TRANSACTION AND WE DO NOT
MAKE ANY REPRESENTATIONS AS TO THE QUALITY, LOCATION, AVAILABILITY,
SUITABILITY, OR PRICING OF ANY SPECIFIC ACCOMMODATION.
2. Updates to these Terms of Service
We may modify these Terms of Service from time
to time. We will notify you of material changes to these Terms of Service by posting the
amended terms on the Service at least thirty (30) days before the effective date of the changes.
If you do not agree with the proposed changes, you should discontinue your use of the Service
prior to the time the new Terms of Service take effect. If you continue using the Service after
the new terms take effect, you will be bound by the modified Terms of Service.
In connection with your use of the Service, please review our Privacy
Policy, located at www.tryspots.com/privacy, to understand how we use information we collect
governed by these Terms of Service and by agreeing to these Terms of Service, you agree to
from you in accordance with its terms.
4. Member Accounts and Registration.
You can visit the Service without becoming a registered member of the Service, but you will not be able to see, post or book Listings on the Service unless you are a registered member of the Service. In order to become a registered member, you must have a Facebook account and an “.edu” email address that is issued by your college or university. You can sign up to become a registered member of the Service by logging in to the Service through Facebook Connect and providing your “.edu” email address. We will then send you an email to confirm the email address you have provided. Once you have followed the instructions in this email and confirmed your email address you will be able to log in to the Service through Facebook Connect. To become a registered member of the Service, your .edu email verification must be completed. If you sign up to become a registered member of the Service, you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the registration process (the “Registration Data”); (b) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and (c) not to use the name of another person with the intent to impersonate that person or in a way that otherwise causes confusion as to the origin of your account.
5. Member Obligations.
A. Representations and Warranties.
When you use the Service, you represent
that: (i) the information you submit is truthful and accurate; (ii) your use of the Service and your
use of services available on the Service do not violate any applicable law or regulation; (iii) you
are at least eighteen (18) years of age and otherwise have legal capacity to legally enter into
these Terms of Service, and (iv) if you are a Host: (x) you own and/or have all necessary rights
and authority to offer for rent and to rent the Accommodation that you offer through your Listing;
(y) you will accurately describe the subject Accommodation, will not fail to disclose a material
defect in, or material information about, an Accommodation and will ensure that the description
of the Accommodation is accurate and not misleading; and (z) you will not wrongfully deny a
Guest access to an Accommodation.
B. Compliance with Laws.
You agree that you are solely responsible for and
agree to abide by all laws, rules and regulations applicable to the Listings that you post through
the Service, including but not limited to any and all laws, rules, regulations or other requirements
relating to taxes, permits or license requirements, zoning ordinances, safety compliance and
compliance with all anti-discrimination and fair housing laws, as applicable. You will be solely
responsible for the collection, withholding or payment of any occupancy or other taxes that may
be applicable to your Listings or use of the Service.
C. Verification of Authority.
Upon our request, each Host agrees to promptly
provide to us proof of authority to offer the Accommodation to Guests. If you are a tenant who is
listing a home, condominium, or apartment, please refer to your rental contract or lease, or
contact your landlord, prior to listing the Accommodation to determine whether your rental
contract or lease contains restrictions that would limit your ability to list your room, home,
condominium or apartment. Listing your room, home, condominium or apartment may be a
violation of your rental contract or lease, and could result in legal action against you by your
landlord, including possible eviction.
We do not provide liability insurance to Hosts or Guests in
connection with the Service. Members are solely responsible for obtaining insurance coverage
sufficient to protect their Accommodations and Guests, as applicable. Hosts agree that they
have or will obtain the appropriate insurance coverage sufficient to cover the rental of the
Accommodations they list on the Service prior to the arrival of their first Guest and will maintain
adequate insurance coverage through the departure date of any Guest they have obtained
through the Service. Further, Members agree to provide us with copies of relevant proof of
insurance coverage upon request.
E. Member Conduct
You understand and agree that you are solely responsible
for compliance with any and all laws, rules, regulations, and tax obligations that may apply to
your use of the Service. In connection with your use of the Service, you may not and you agree
that you will not:
- use manual or automated software, devices, scripts, robots, backdoors or other means
or processes to access, “scrape,” “crawl” or “spider” any web pages or other services
contained in the Service;
- use the Service for any commercial or other purposes that are not expressly permitted
by these Terms of Service;
- copy, store or otherwise access or use any information contained on the Service for
purposes not expressly permitted by these Terms of Service;
- infringe the rights of any person or entity, including without limitation, their intellectual
property, privacy, publicity or contractual rights;
- interfere with or damage the Service, including, without limitation, through the use of
viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks,
backdoors, packet or IP spoofing, forged routing or electronic mail address information
or similar methods or technology;
- use the Service to transmit, distribute, post or submit any information concerning any
other person or entity, including without limitation, photographs of others without their
permission, personal contact information or credit, debit, calling card or account
- use the Service in connection with the distribution of unsolicited commercial email
(“spam”) or advertisements unrelated to lodging in a private residence;
- “stalk” or harass any other user of the Service, or collect or store any personally
identifiable information about any other user other than for purposes of transacting as a
Guest or Host;
- violate any local, state, provincial, national, or other law or regulation, or any order of a
court, including, without limitation, zoning restrictions and tax regulations;
- offer, as a Host, any Accommodation that you do not yourself own or have permission to
rent as a residential or other property (without limiting the foregoing, you will not list
Accommodations as a Host if you are serving in the capacity of a rental agent or listing
agent for a third party);
- offer, as a Host, any Accommodation that may not be rented or subleased pursuant to
the terms and conditions of an agreement with a third party, including, but not limited to,
a property rental agreement;
- register for more than one user account on behalf of an individual other than yourself;
- request or book a stay at any Accommodation if you will not actually be staying at the
- contact a Host for any purpose other than asking a question related to a booking the
applicable Host’s Accommodations or Listings;
- contact a Guest for any purpose other than asking a question related to a booking or the
applicable Guest’s use of the Service;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your
affiliation with any person or entity;
- use automated scripts to collect information from or otherwise interact with the Service;
- use the Service to find a Host or Guest and then complete a booking of an
Accommodation independent of the Service, in order to circumvent the obligation to pay
any Booking Fees;
- as a Host, submit any Listing with false or misleading price information, or submit any
Listing with a price that you do not intend to honor;
- systematically retrieve data or other content from the Service to create or compile,
directly or indirectly, in single or multiple downloads, a collection, compilation, database,
directory or the like, whether by manual methods, through the use of bots, crawlers, or
spiders, or otherwise;
- use, display, mirror or frame the Service, or any individual element within the Service, or
the layout and design of any page or form contained on a page in the Service, without
Spots’ express written consent;
- access, tamper with, or use non-public areas of the Service, Spots’ computer systems,
or the technical delivery systems of Spots’ providers;
- attempt to probe, scan, or test the vulnerability of any Spots system or network or breach
any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any
technological measure implemented by Spots or any of Spots’ providers or any other
third party (including another user) to protect the Service;
- forge any TCP/IP packet header or any part of the header information in any email or
newsgroup posting, or in any way use the Service to send altered, deceptive or false
- attempt to decipher, decompile, disassemble or reverse engineer any of the software
used to provide the Service; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
6. Interactions with Other Members
A. Assumption of Risk.
You are solely responsible for your interactions with other
members of the Service and your use of the Service is at your sole risk. The Service is
intended as a platform for members to coordinate potential accommodation opportunities and
communicate with one another. Spots is not a party to, makes no representations or warranties
as to, and disclaims any responsibility or liability with respect to any communications,
transactions, disputes or any other interactions whatsoever between you and any other member
or person in connection with the Service. You are solely responsible for your interactions with
other members of the Service. We reserve the right, but have no obligation, to monitor
interactions between you and other members of the Service.
B. Identity Verification
We cannot and do not verify the identity of members of the
Service or the accuracy of any information that members provide as part of a Listing. You are
solely responsible for determining the identity and suitability of the other members with whom
you interact when using the Service. We do not investigate or verify any member’s reputation,
conduct, morality, criminal background, or any information members may submit to the
Services. We encourage you to take precautions when interacting with other members,
particularly when meeting a stranger in person for the first time.
C. Reporting Member Misconduct.
If you think that another member of the
Service is acting or has acted inappropriately by, for example, engaging in offensive, violent or
sexually inappropriate or illegal conduct, we encourage you to report that member to the
appropriate authorities. We also request that you report this behavior to us by contacting us at
firstname.lastname@example.org. Please note that although we encourage you to report misconduct to us, we
are not responsible or liable for members’ actions, and we are not obligated to take any action if
you report member misconduct to us.
D. Liability Release.
As noted above, the Service is a platform, and Spots is not
responsible for any transactions, disputes or other interactions between members. If you have
a dispute with one or more members, to the fullest extent permitted by applicable law you
release us (and our officers, directors, members, employees, agents and affiliates) from claims,
demands and damages (actual and consequential) of every kind and nature, known and
unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way
connected with such disputes. If you are a California resident, you waive California Civil Code
1542, which says: “A general release does not extend to claims which the creditor does not
know or suspect to exist in his favor at the time of executing the release, which if known by him
must have materially affected his settlement with the debtor.”
7. Rules Governing User Contributions.
You are solely and entirely responsible for all
information that you provide as part of a Listing or a user profile, or other comments or content
that you submit through interactive features of the Service (“Contributions”), including, without
limitation, any harm resulting from any Contributions that you post on or through the Service. If
you elect to post a Contribution on the Service, you represent and warrant that you: (a) own or
have sufficient rights to post your Contribution on or through Service; (b) will not use any
Contribution that violates our or any other person’s privacy rights, publicity rights, intellectual
property rights (including without limitation copyrights) or contract rights; (c) have fully complied
with any third-party licenses relating to the Contribution and shall pay all royalties, fees and any
other monies required to be paid in connection with the Contributions; (d) will not use any
Contribution that: (i) is defamatory, damaging, disruptive, unlawful, inappropriate, offensive,
inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive,
obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, or otherwise
objectionable; (ii) incites, encourages or threatens immediate physical harm against another,
including but not limited to, any Contribution that promotes racism, bigotry, sexism, religious
intolerance or harm against any group or individual; or (iii) exploits anyone in a sexual or violent
manner; (e) will not use any Contribution that contains advertisements or solicits any person to
buy or sell products or services (other than the Service); and (f) will not use any Contribution
that constitutes, contains, installs or attempts to install or promote spyware, malware or other
computer code, whether on the Service or others’ computers or equipment, designated to
enable you or others to gather information about or monitor the on-line or other activities of
8. Rights in Contributions
A. Ownership of Contributions.
We do not claim any ownership rights in the
Contributions that you post on or through the Service. After posting your Contributions on the
Service, you continue to retain any rights you may have in your Contributions, including any
intellectual property rights or other proprietary rights associated with your Contributions, subject
to the license you grant to us below.
B. Grant of License to Us for Contributions.
By making a Contribution to the
Service, you grant us a perpetual, non-exclusive (meaning you are free to license your
Contribution to anyone else in addition to us), fully-paid, royalty-free (meaning that we are not
required to pay you to use your Contribution), sublicensable (so that we can use affiliates,
subcontractors and other partners such as wireless carriers and hosted service providers to
make the Service available to you) and worldwide (because the Internet is global in reach)
license to use, modify, create derivative works of, publicly perform, publicly display, reproduce
and distribute the Contribution in connection with the Service, our business or the promotion
thereof in any media formats and through any media channels now known or subsequently
created. This license does not grant us the right to sell your Contributions. If you remove your
Contributions from the Service, we will cease use of your Contributions as soon as practicable;
however, you understand and agree that we may retain archived copies of your Contributions.
9. Our Intellectual Property Rights.
Except for your Contributions and the Contributions
of other members of the Service, all of the content on the Service (“Materials”) and the
trademarks, service marks, and logos contained on the Service, are owned by or licensed to us
and are subject to copyright and other intellectual property rights under United States and
foreign laws and international conventions. The Service and the Materials are for your
information and personal use only and not for commercial exploitation. We reserve all rights in
and to the Service and the Materials. If you download or print a copy of the Materials for your
own personal use, you must retain all trademark, copyright and other proprietary notices
contained in and on the Materials. You further agree not to access the Service by any means
other than through the interface that we provide, unless otherwise specifically authorized by us
in a separate written agreement.
10. Our Management of the Service; User Misconduct
A. Our Right to Manage the Service.
We reserve the right, but do not undertake
the obligation to: (a) monitor or review the Service for violations of these Terms of Service and
for compliance with our policies; (b) report to law enforcement authorities and/or take legal
action against anyone who violates these Terms of Service; (c) refuse, restrict access to or the
availability of, or remove, delete, edit or disable (to the extent technologically feasible) any
Contribution or any portion thereof that may violate these Terms of Service, the law or any of
our policies, or that is excessive in size or burdensome; (d) manage the Service in a manner
designed to protect our and third parties’ rights and property or to facilitate the proper
functioning of the Service; (e) screen our users or members, or attempt to verify the statements
of our users or members and/or (f) monitor disputes between you and other users or to
terminate or block you and other users for violating these Terms of Service.
B. Our Right to Terminate Users
WITHOUT LIMITING ANY OTHER PROVISION
OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE
DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF
THE SERVICE TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY OR COVENANT CONTAINED IN THESE TERMS OF SERVICE, OR OF ANY
APPLICABLE LAW OR REGULATION.
11. Third Party Sites.
The Service may contain links to websites operated by third parties
(“Third Party Sites”); however, we do not own or operate the Third Party Sites, and we have not
reviewed, and cannot review or control, all of the material, including goods or services, made
available through Third Party Sites. The availability of these links on the Service does not
represent, warrant or imply that we endorse any Third Party Sites or any materials, opinions,
goods or services available on them. Third party materials accessed through or used by means
of the Third Party Sites may also be protected by copyright and other intellectual property laws.
THESE TERMS OF SERVICE DO NOT APPLY TO THIRD PARTY SITES. BEFORE VISITING
A THIRD PARTY SITE THROUGH LINKS OR OTHER MEANS PROVIDED ON OR BY THE
SERVICE, USERS SHOULD REVIEW THE THIRD PARTY SITE’S TERMS AND
AND PRACTICES OF THESE THIRD PARTY SITES.
12. Legal Disputes and Arbitration Agreement
Please Read This 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 email@example.com
address any concerns you may have regarding your use of the Service. Most concerns may be
quickly resolved in this manner. Each of you and Spots agree to 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 we do not reach an agreed upon solution
within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant
to Section 12(A) above, then either party may initiate binding arbitration. All claims arising out
of or relating to these Terms of Service (including its formation, performance and breach), the
parties’ relationship with each other and/or your use of the Service shall be finally settled by
binding arbitration administered on a confidential basis by the American Arbitration Association
(the “AAA”) in accordance with the provisions of its Consumer Arbitration Rules, 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 these Terms of
Service, including, but not limited to any claim that all or any part of these Terms of Service 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 these Terms of Service shall be subject to 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
AAA. THE ARBITRATION RULES ALSO PERMIT YOU TO RECOVER ATTORNEY’S 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 THAN IN COURT.
C. Class Action and Class Arbitration War.
You and Spots each further agree
that any arbitration shall be conducted in your respective individual capacities only and not as a
class action or other representative action, and you and Spots each expressly waive your
respective 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 Section 12(B) shall be deemed null and void in its entirety and the parties shall be
deemed to have not agreed to arbitrate disputes.
D. Exception – Small Claims Court Claims.
Notwithstanding the parties’
agreement to resolve all disputes through arbitration, either party may seek relief in a small
claims court for disputes or claims within the scope of that court’s jurisdiction.
E. 30 Day Right to Opt Out.
You have the right to opt-out and not be bound by the
arbitration and class action waiver provisions set forth in Sections 12(B), 12(C), and 12(D) by
sending written notice of your decision to opt-out to the following address: 698 Belmeade Ave,
NW, Atlanta, GA 30318 or by email to firstname.lastname@example.org. The notice must be sent within thirty
(30) days of registering to use, or if you are not a registered users, commencing use of, the
Service, 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.
F. Exclusive Venue for Litigation.
To the extent that the arbitration provisions set
forth in Section 12(B) do not apply, the parties agree that any litigation between them shall be
filed exclusively in state or federal courts located in Atlanta, Georgia (except for small claims
court actions which may be brought in the county where you reside). The parties expressly
consent to exclusive jurisdiction in Atlanta, Georgia, for any litigation other than small claims
G. Applicable Law.
You agree that federal laws and the laws of the State of
California, without regard to principles of conflict of laws, will govern these Terms of Service and
any claim or dispute that has arisen or may arise between you and Spots.
13. Warranty Disclaimer; Limitation on Liability
A. Disclaimer of Warranties
- ALL CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS PROVIDED
THROUGH THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT
WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING THE SERVICE, WE DO NOT
REPRESENT OR IMPLY THAT WE ENDORSE ANY CONTRIBUTIONS OR ANY OTHER
MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO BY THE SERVICE, INCLUDING
WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES, OR THAT WE
BELIEVE CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS TO BE ACCURATE,
USEFUL OR NON-HARMFUL. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY
SPECIFIC RESULTS FROM USE OF THE SERVICE. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR ADVERTISERS,
LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS,
SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF.
- WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE SERVICE’S
CONTENT, THE CONTENT OF ANY SITE LINKED TO THE SERVICE, CONTRIBUTIONS,
INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THE SERVICE OR LINKED TO
BY THE SERVICE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A)
ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (C) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND
ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (E) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE
SERVICE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY
CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED
AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE THROUGH THE SERVICE.
- Limited Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR
PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE
OF THE SERVICE, CONTRIBUTIONS, MATERIALS OR ANY OTHER CONTENT THEREIN.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF
SERVICE, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED
BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE,
WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY
OTHER WAY SHALL NOT EXCEED $50.
- Exceptions to Disclaimers and Liability Limitations. SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN
WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU
RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE LIMITATIONS OR
EXCLUSIONS IN SECTIONS 13(A) AND 13(B) MAY NOT APPLY TO YOU.
- Limited Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY
14. Independent Contractors.
Nothing in these Terms of Service shall be deemed to
create an agency, partnership, joint venture, employer-employee or franchisor-franchisee
relationship of any kind between us and any user.
Our failure to exercise or enforce any right or provision of these Terms of
Service shall not operate as a waiver of the applicable right or provision.
These Terms of Service operate to the fullest extent permissible by law. If
any provision or part of a provision of these Terms of Service is unlawful, void, or
unenforceable, that provision or part of the provision is deemed severable from these Terms of
Service and shall not affect the validity and enforceability of any remaining provisions.
We may assign our rights under these Terms of Service without your
18. No Modifications by Our Employees.
If any of our employees offers to modify the
terms of these Terms of Service, he or she is not acting as an agent for us or speaking on our
behalf. You may not rely, and should not act in reliance on, any statement or communication
from our employees or anyone else purporting to act on our behalf.
19. Contact Information.
If you have any questions about these Terms of Service or your account, please contact us at