Before proceeding, PLEASE READ THIS:

SpotSwitch serves as a link between people holding parking spots and those seeking spots. SpotSwitch also provides a service to help track where your vehicle is parked and when you have to have to move it next. However, we cannot be responsible for any problems with the actual parking experience. The user accepts full responsibility for the experience.

If you are using SpotSwitch on your mobile device or cell phone:

          Please do not run SpotSwitch while driving your vehicle. For safety, use SpotSwitch on your mobile device while not driving. Please act in accordance with the local laws of your city or state.

          SpotSwitch does not accept any financial responsibility or any liability whatsoever associated with the use of SpotSwitch while driving or otherwise, including, without limitation, the following:

            1. Damages made to your vehicle;

            2. Personal Injuries incurred to you or any other persons in your vehicle;

            3. Damages made to other vehicle(s); or

            4. Personal Injuries incurred to the driver and all persons riding in other vehicle(s);

             

If you are using SpotSwitch to remind yourself of when to move your vehicle next:

          SpotSwitch does not guarantee you will receive your email or text message alert before you need to move your car.

          SpotSwitch does not accept any responsibility for any fees you may receive, including, without limitation, any ticket fees, towing fees or any other fees.

         

If you are looking for a parking spot that is opening up immediately:

          There may be someone already waiting for that spot when you arrive.  This is not SpotSwitch's responsibility.

          If damage occurs to your car while parking, this is something you must resolve with the police.  This is not SpotSwitch's responsibility.

          If someone overstays the specified time, this an issue between you and the person parked in that spot.

         

If you reserved a parking spot:

          If you arrive at a reserved parking space on time, and it is not available, you can use SpotSwitch to provide a negative rating for that user. The reliability of parking spot providers is not SpotSwitch’s responsibility and something SpotSwitch cannot guarantee.

          If damage occurs to your car while parking, this is something you must resolve with the police. This is not SpotSwitch's responsibility.

               

If you use SpotSwitch to "Leave your spot now":

          Please try and get to your vehicle within five minutes.

          If there is damage to your vehicle while you are trying to move out of your parking spot, SpotSwitch is not responsible for such damage.

         

TERMS OF USE AGREEMENT

Welcome to SpotSwitch.  To use this service you must agree to the following terms of use (the “Terms”) contained in this Terms of Use Agreement (this “Agreement”).  You may not use the services if you do not accept the Terms.  Your use of this Site constitutes your acknowledgement and acceptance of these Terms. 

1.  Acceptance of Agreement.  For purposes of this Agreement, the term “you” refers to you as a user of SpotSwitch.com (this “Site”), and the term “SpotSwitch” refers to SpotSwitch, Inc. as the content provider of this Site.  You acknowledge and agree that your use of SpotSwitch’s services (the “Services”) as contained in this Site constitutes your acceptance of all of the Terms of this Agreement, which is a legally binding agreement between SpotSwitch and you in relation to your use of this Site and the Services contained herein.  This Agreement constitutes the entire and only agreement between SpotSwitch and you, and supersedes all other agreements, representations, warranties and understandings with respect to the Services or the contents of this Site.  This Agreement may be changed from time to time by SpotSwitch without specific notice to you.  The latest Agreement will be posted on this Site, and you understand and agree that if you use the Services after the date upon which the latest Agreement is posted, SpotSwitch shall consider your continued use of the Services as acceptance of all of the Terms of the latest Agreement.

2.  Description of Services.  SpotSwitch provides a site whereby people looking for parking can identify available parking in specific locations from their web or mobile device. This Site also provides a method for those leaving parking spots to notify potential parking spot consumers of this availability.  All persons using the SpotSwitch Services acknowledge and accept all responsibility and risk for using this Site and the resulting parking experience.  By using the Services, you acknowledge and agree that:

a. SpotSwitch does not accept any responsibility for the safety of people or property on or around the parking spots appearing on this Site;

b. SpotSwitch does not accept any responsibility or liability for any fines received resulting from a missed email or text message alert reminder;

c. SpotSwitch does not promise or assure the availability of any parking spots;

d. SpotSwitch does not assume any responsibility for the consequences of any unavailability of a parking space; and

e. SpotSwitch does not promise or guarantee any email or text message alert reminders will be received before the date and time you specified.

3.  Exclusion of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”  IN PARTICULAR, SPOTSWITCH, ITS SUBSIDIARIES, AFFILIATES, REPRESENTATIVES AND  LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;

(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;

(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND

(D) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICES PROVIDED TO YOU WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SPOTSWITCH OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

SPOTSWITCH FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

4. Limitation of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, YOU EXPRESSLY UNDERSTAND AND AGREE THAT SPOTSWITCH, ITS SUBSIDIARIES, AFFILIATES, REPRESENTATIVES, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SERVICES OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY DAMAGE INCURRED, ANY LOST PROFITS, ANY LOSS OF GOODWILL OR REPUTATION, ANY LOSS OF DATA SUFFERED, ANY FEES, COSTS OR EXPENSES INCURRED, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR ANY OTHER TANGIBLE OR INTANGIBLE LOSS;

(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF:

(I) ANY USE OF THE SERVIVES OR ANY RELIANCE PLACED BY YOU ON THE SERVICES;

(II) ANY CHANGES WHICH SPOTSWITCH MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);

(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;

(III) YOUR FAILURE TO PROVIDE SPOTSWITCH WITH ACCURATE INFORMATION;

(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; OR

(V) ANY SECURITY BREACH OR TECHNICAL MALFUNCTION OF THE SITE.

YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST SPOTSWITCH, ITS SUBSIDIARIES, AFFILIATES, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SERVICES AND/OR THE SITE AND ANY INFORMATION AVAILABLE THEREON.

THE LIMITATIONS ON SPOTSWITCH’S LIABILITY TO YOU IN THIS SECTION 4 SHALL APPLY WHETHER OR NOT SPOTSWITCH HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

5.  Indemnification.  You agree to defend, indemnify and hold harmless SpotSwitch, its affiliates and their respective directors, officers, representatives, employees and agents from and against any and all claims, actions, suits, proceedings, losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees and costs) arising out of or resulting from:  (a) any non-compliance with or breach by you of the terms and conditions of this Agreement and (b) your access and use of the Site and/or the Services.

6.  Copyright.  You agree that this Agreement is a license to use the Services and not a sale of the application.  You agree that the application contains proprietary information and materials owned by SpotSwitch and that the content, organization, graphics, design and other matters related to the SpotSwitch Services or this Site are protected under applicable copyrights, trademarks and other proprietary rights, including but not limited to intellectual property rights. The copying, redistribution, use or publication by you of any such matters is strictly prohibited without the prior written consent of SpotSwitch.

7. Service Marks. "SpotSwitch" and “SpotSwitch.com” are its service marks, registered service marks or trademarks and cannot be used without the prior written consent of SpotSwitch. The SpotSwitch name and logo are also the exclusive property of SpotSwitch and cannot be used without its prior written consent. Other product and company names mentioned on this Site may be trademarks of their respective owners. SpotSwitch does not endorse any products which may have links on this Site.  Nothing in the Terms gives you a right to use any of SpotSwitch’s trade names, trademarks, service marks, logos, domain names, and/or other distinctive brand features.

8. Restrictions on Use. Your license for access and use of the SpotSwitch Services and this Site and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not (a) republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of this Site or any Content and Materials retrieved therefrom; (b) use this Site or any materials obtained from this Site to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism.

9. Confidentiality of Information. You acknowledge and agree that SpotSwitch may use any personal information provided by you on this Site for purposes of ensuring a smooth parking experience and safeguarding this Site.  SpotSwitch will not sell the information you provide on this Site.  SpotSwitch does not guarantee or warranty the level of its security measures on this Site.  SpotSwitch does not accept any responsibility for any actual, incidental or consequential damages which may result from any security breach or technical malfunction.

10.  Reservation of Rights.  SpotSwitch may terminate or suspend access and/or use of this Site by any user at any time, for any reason, with or without notice.  SpotSwitch reserves the right in its sole discretion to change, edit or delete any content appearing on this Site at any time without notice to you.

11.  Severability. Any terms may be superseded by requirements set forth by applicable statue and regulations.  If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

12.  Governing Law.  This Agreement is governed by the laws of the State of New York, without reference to its principles of conflicts of laws.  You expressly agree that exclusive jurisdiction and venue for any claim or dispute with SpotSwitch relating in any way to your use of the Services resides in the state or federal courts of New York County, New York.  You hereby irrevocably consent to the personal and exclusive jurisdiction and venue of such courts.

13.  Sufficient Legal Age.  You represent that you are of a sufficient legal age necessary to legally enter into and be bound by legal agreements.