Terms of Service
These terms include an agreement to mandatory arbitration, which means that you agree to submit any dispute related to your use of any of the Spot2Nite Platform, sites and services to binding arbitration rather than a court. The binding arbitration provision also includes a class action waiver, which means that you agree to proceed with any arbitration individually and not as part of a class. It affects how disputes with Spot2Nite are resolved. By accepting these Terms, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
Last Updated: June 2, 2021
Thank you for using Spot2Nite. These Terms constitute a legal binding agreement (“Agreement”) between you and Spot2Nite Inc (“Spot2Nite”, “we”, “our” or “us”) and govern your access to and use of all the text, data, information, software, graphics, photographs and more that we and our affiliates may make available to you (all of which we refer to as “Materials”), the Spot2Nite website, including any subdomains thereof, and any other websites through which Spot2Nite makes its services available (collectively, “Site”), our mobile, tablet and other smart device applications, application program interfaces, emails, text messages, notifications, social media accounts, plug-ins, Downloadable Tools (as defined below) or other software (collectively, “Application”) owned, operated or provided by Spot2Nite to provide our services, and all associated services (collectively, "Spot2Nite Services”), including any feature, content, tools and services accessible by means of the Site and Application. The Materials, Site, Application and Spot2Nite Services together are collectively referred to as the “Spot2Nite Platform”. These Terms do not alter in any way the terms or conditions of any other agreement you may have with Spot2Nite for the Spot2Nite Platform (or any part thereof). If you are using the Spot2Nite Platform on behalf of an entity, you represent and warrant that you are authorized to accept these Terms on the entity’s behalf, and that the entity agrees to be responsible to Spot2Nite if you violate these Terms.
The Spot2Nite Platform facilitates information discovery, communications and booking of park products and services. You may access and use the Spot2Nite Platform in accordance with these Terms. Please note that these Terms govern your use of the Spot2Nite Platform and any Spot2Nite Services we provide to you.
Your use of the Spot2Nite Platform is conditioned upon the version of these Terms in force at the time of your use. We reserve the right to change these Terms at any time and you waive any right you may have to receive specific notice of such changes or modifications. All changes to these Terms are effective immediately when we post them and apply to use of the Spot2Nite Platform thereafter. If you continue to access or use the Spot2Nite Platform following our posting of any changes to these Terms, we will consider that you have accepted the changes. Therefore, you must regularly review these Terms to ensure you understand the terms and conditions that apply to your access and use of the Spot2Nite Platform. If you do not agree to the changed Terms, you must stop accessing or using the Spot2Nite Platform.
Additional terms and conditions will apply to your reservation of some overnight accommodations.
If you have any questions regarding the use of the Spot2Nite Platform, please email us at support@Spot2Nite.com.
DEVICE USAGE TERMS AND CONDITIONS
You acknowledge and agree that your use of the Spot2Nite Platform must also be in accordance with the usage rules established by your mobile device platform or service provider.
We invite you to use this Spot2Nite Platform for your individual purposes and not for the purposes of reselling (“Permitted Purposes”).
Subject to these Terms, we grant you a limited, personal, nonexclusive and nontransferable license to use and to display the Materials and a limited, personal, nonexclusive and nontransferable right to access and use the Spot2Nite Platform following setup of an Account on any mobile device that you own or control. You have no other rights in the Spot2Nite Platform, and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any portion of the Spot2Nite Platform or the Materials in any manner. If you make copies of any portions of the Spot2Nite Platform while engaging in Permitted Purposes, then we ask that you be sure to keep the copies all of our copyright and other proprietary notices as they appear on the Spot2Nite Platform.
Subject to these Terms, we also grant you a limited, personal, nonexclusive, nontransferable license to download, install and operate any plug-ins, software, information or other content that we may from time to time have specifically identified within the Spot2Nite Platform as available for download solely in connection with accessing the Spot2Nite Platform (“Downloadable Tools”).
The terms of the license will also govern any upgrades provided by Spot2Nite that replace and/or supplement the original Spot2Nite Platform, unless the upgrade is accompanied by a separate license, in which case the terms of that license will govern.
You will not do, and will not authorize or permit any third party to do, any of the following: (i) distribute or make the Spot2Nite Platform available over a network where it could be used by multiple devices at the same time; (ii) rent, lease, lend, sell, redistribute or sublicense the Spot2Nite Platform (or any part thereof); (iii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Spot2Nite Platform (or any part thereof), any updates or any part thereof (except as and only to the extent any of the foregoing restrictions are prohibited by applicable law) or (iv) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the Spot2Nite Platform. If you violate any of the foregoing restrictions, your right to use of the Spot2Nite Platform will immediately cease, and you will have infringed the copyright and other rights of Spot2Nite, which may subject you to prosecution and damages. Spot2Nite reserves all rights not expressly granted to you in these Terms.
In exchange for Spot2Nite providing you with access to the Spot2Nite Platform, you consent to Spot2Nite collecting and using technical data, personal information and related information in connection with your use of the Spot2Nite Platform, including, but not limited to, contact information and technical information about your device, system and application software, and peripherals, that are gathered periodically to facilitate the features and functionality of the Spot2Nite Platform and of software updates, product support and other services. You also consent to our communicating with you about the Spot2Nite Platform.
Spot2Nite does not warrant that the Spot2Nite Platform will be compatible or interoperable with your mobile device or any other hardware, software or equipment installed on or used in connection with your mobile device.
The Spot2Nite Platform requires and uses phone service, data access and text messaging capabilities. Carrier rates for phone, data and text messaging may apply, and you are responsible for all of these charges.
REGISTRATION DATA; ELIGIBILITY
To access certain areas and features of the Spot2Nite Platform, you may be required to register with Spot2Nite. If you register, you will (i) provide accurate, current and complete information about you as may be prompted by any signup, login and/or registration forms made available via the Spot2Nite Platform (the “Registration Data“); (ii) maintain and promptly update the Registration Data, and any other information you provide to Spot2Nite, in order to keep it accurate, current and complete; and (iii) accept all risk of unauthorized access to the Registration Data and any other information you provide to Spot2Nite. Spot2Nite is under no obligation to retain a record of your account or any data or information that you may have stored by means of your account or your use of the Spot2Nite Platform. You are authorized by Spot2Nite to create and use one account only. Once you submit the required registration information, Spot2Nite alone will determine whether or not to approve your proposed account. You are under no obligation to use or continue to use the Spot2Nite Platform and may stop using the Spot2Nite Platform without notice to Spot2Nite.
Spot2Nite reserves the right to terminate any additional Accounts set up by you, and any Accounts that have been inactive for over 12 months.
For so long as you use the account, you agree to provide true, accurate, current, and complete information which can be accomplished by logging into your account and making relevant changes directly. You are responsible for complying with these Terms when you access the Spot2Nite Platform, whether directly or through any account that you may setup through or on the Spot2Nite Platform. Because it is your account, it is your job to obtain and maintain all equipment and services needed for access to and use of the Spot2Nite Platform as well as paying related charges. It is also your responsibility to maintain the confidentiality of your password(s), including any password of a third-party site that we may allow you to use to access this Spot2Nite Platform. Should you believe your password or security for the Spot2Nite Platform has been breached in any way, you must immediately notify us.
You may not use the Spot2Nite Platform if you are under 18 years of age (or the age of majority in your jurisdiction). You must have the requisite power and authority to enter into these Terms. Persons under the age of majority are not eligible to use the Spot2Nite Platform and we ask that they do not submit any personal information to us.
You may not access or use the Spot2Nite Platform if you are a competitor of Spot2Nite or if we have previously banned you from the Spot2Nite Platform or closed your account.
Spot2Nite attempts to be as accurate as possible. If you have reason to believe that a product or service you purchased through the Spot2Nite Platform or other product or feature does not meet the claims advertised within the Spot2Nite Platform, you must contact Spot2Nite immediately (and in any case no later than three business days following the check-in date or feature request date). Your failure to contact us within this period may affect our ability to investigate and resolve your claim. Park content, including images, are public domain or provided by the parks. Spot2Nite and its suppliers are not responsible for the accuracy of images or park content.
BOOKINGS & PURCHASES
When you make a purchase using the Spot2Nite Platform you are representing the following: (i) any credit information you supply is true and complete; (ii) charges incurred by you will be honored by your credit card company and (iii) you will pay the posted price for the product or service, even if you are unable to complete the service. We will not issue Value Added Taxes (VAT) invoices for any purchases made through the Spot2Nite Platform. You are responsible for paying the park directly for any additional upgrades, service elections or other incidental charges you make once you are at the park.
Where applicable, our park suppliers determine all applicable taxes in the amount we are required to pay over to them. Except as described below, we are not the vendor collecting and remitting taxes to the applicable taxing authorities. We are not a co-vendor with the park. Tax rates and the type of taxes vary greatly by location.
For transactions involving parks located within certain jurisdictions, the charge to your debit or credit card for taxes and fees includes an additional payment of tax that we are required to collect and remit to the jurisdiction for tax owed on amounts we retain as compensation for our services.
You agree to pay all applicable fees related to your use of the Spot2Nite Platform. By providing a payment method, you expressly authorize us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on your particular utilized Spot2Nite Services.
All payments are non-refundable. To the extent that payment mechanisms are provided through third parties, you agree that Spot2Nite will have no liability to you arising out of the acts or omissions of such third parties.
BY PURCHASING PRODUCT(S) AND SERVICE(S), YOU CONSENT TO ALLOW Spot2Nite TO CHARGE YOUR CREDIT CARD, EITHER DIRECTLY OR THROUGH ITS PAYMENT PROCESSORS, FOR THE AMOUNTS DUE FOR YOUR PRODUCT(S) AND SERVICE(S). PLEASE PRINT OUT THESE TERMS AND CONDITIONS FOR YOUR RECORDS.
Your use of the Spot2Nite Platform and your contact, interaction or dealings with any third parties arising out of your use of the Spot2Nite Platform is solely at your own risk. The parks and other suppliers of Spot2Nite are independent contractors and not agents or employees of Spot2Nite. Spot2Nite is not responsible for, and will not be held liable for, the acts, errors, omissions, representations, warranties, breaches or negligence of any of these parks or suppliers for any personal injuries, death, property damage, loss, theft or other damages or expenses resulting therefrom.
If you breach any of the terms or conditions of these Terms or Spot2Nite discontinues the Spot2Nite Platform, these Terms will automatically terminate. In the event of the termination of these Terms for any reason, the license granted to you in these Terms will immediately terminate and you must immediately stop all use of the Spot2Nite Platform and destroy or erase all copies of the Downloadable Tools in your possession or control. All of the sections of these Terms that by their nature should survive termination will survive any termination of these Terms. For avoidance of doubt, the licenses described in the General Use section will not survive termination of these Terms. Any use of the Spot2Nite Platform after termination is unlicensed and is in violation of the copyright and other rights of Spot2Nite. Spot2Nite and our affiliates reserve the right to refuse service, terminate accounts, remove or edit content or cancel bookings in our sole discretion.
We reserve the right to investigate complaints or reported violations of these Terms and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to your User Content (as defined below), usage history, posted materials, IP addresses and traffic information.
The Spot2Nite Platform may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, text, hypertext, content, images, graphics, logos, audio, and video. Your use of our Spot2Nite Platform does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. The Spot2Nite Platform is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of the Spot2Nite Platform is strictly prohibited. Your use of the Spot2Nite Platform does not grant you ownership rights of any kind in the Spot2Nite Platform.
ELECTRONIC COMMUNICATIONS; DATA SECURITY
By using the Spot2Nite Platform, you consent to receiving electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to this Spot2Nite Platform. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Because Internet email typically is not secure, you should not include any confidential information in any email you send us. In addition, Spot2Nite cannot ensure and does not warrant the security of any information sent to us by you, and you do so at your own risk. Once Spot2Nite receives information from you, we will use commercially reasonable efforts to ensure its security but we do not accept liability for unintentional disclosure. Although Spot2Nite will in most circumstances be able to receive your email or other information provided through the Platform, Spot2Nite cannot guarantee that it will receive all such email or other information timely and accurately, and Spot2Nite will not be legally obligated to read, act on, or respond to any such email or other information.
LINKS TO OTHER CONTENT OR WEBSITES
The Spot2Nite Platform may contain links to third party content or websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within the Spot2Nite Platform does not constitute any endorsement, guarantee, warranty, or recommendation of such third party content or websites. Spot2Nite has no control over the legal documents and privacy practices of third party content or websites; as such, you access any such third party content or websites at your own risk.
USER CONTENT AND YOUR CONDUCT
You agree that you are solely responsible for all of your User Content and that any such User Content shall be considered both non-confidential and non-proprietary. If you use the Interactive Areas, you also understand that anyone could see your User Content. Spot2Nite does not endorse, nor are we required to pre-screen your User Content (although we might), and, like elsewhere on the Internet, User Content from other people could offend you. Further, we do not guarantee that you will be able to edit or delete any User Content you have submitted.
By submitting any User Content, you are promising us that you own all rights in your User Content, your User Content does not infringe on the rights of others, your User Content does not violate law, and your User Content is not in poor taste.
You grant to us an irrevocable royalty-free license to copy, modify, publish and display your User Content, and to make, use and sell (and permit others to use) your User Content for any purpose (including, without limitation, to use your User Content on the Spot2Nite Platform).
You agree not to post, upload, transmit, distribute, store, create or otherwise publish on or through the Spot2Nite Platform any of the following:
• User Content that is libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, violent, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable;
• User Content that is illegal or unlawful, that would constitute, encourage or provide instructions for a criminal offense, or that would otherwise create liability or violate any local, state, provincial, national or international law;
• User Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual property right, or any other right, of any party;
• Unsolicited promotions, political campaigning or commercial messages (SPAM), or any chain messages or User Content designed to deceive or trick a user of the Spot2Nite Platform;
• Private information of any third party including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; and
• Viruses, corrupted data or other harmful, disruptive or destructive files or code, script or other software designed to automate any functionality on the Spot2Nite Platform without Spot2Nite’s express written consent.
Spot2Nite takes no responsibility and assumes no liability for any user conduct or for any User Content posted, stored or made available via the Spot2Nite Platform. Spot2Nite will not be liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter through the Spot2Nite Platform. Your use of the Spot2Nite Platform, including any Interactive Areas, is at your own risk. Enforcement of the User Content and conduct rules set forth in these Terms is solely at Spot2Nite’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the User Content will not contain any content that is prohibited by these rules.
To be clear, we authorize your use of the Spot2Nite Platform only for Permitted Purposes. Any other use of the Spot2Nite Platform beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of this Service. This is because as between you and us, all rights in this Website remain our property.
Unauthorized use of the Spot2Nite Platform may result in violation of various United States and international copyright laws. Because we value our relationship with you, we want to give you examples of things to avoid. Unless you have written permission from us stating otherwise, you are not authorized to use the Spot2Nite Platform in any of the following ways (these are examples only and the list below is not a complete list of everything that you are not permitted to do):
- In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of the Spot2Nite Platform;
- In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
- To stalk, harass, or harm another individual; • To impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- To interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Spot2Nite Platform or servers or networks connected to the Spot2Nite Platform or that could damage, disable, overburden or impair the functioning of the Spot2Nite Platform in any manner;
- To use any data mining, robots, or similar data gathering or extraction methods in connection with the Spot2Nite Platform;
- To attempt to gain unauthorized access to any portion of the Spot2Nite Platform or any other accounts, computer systems, or networks connected to the Spot2Nite Platform, whether through hacking, password mining, or any other means;
- To use the Spot2Nite Platform in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Spot2Nite Platform;
- To collect any personally identifiable information about other users (except as specifically authorized by Spot2Nite);
- To use the Spot2Nite Platform for any illegal or unauthorized purpose or engage in, encourage or promote any illegal activity or any activity that violates these Terms or any other rules or policies established from time-to-time by Spot2Nite;
- To create an account, post any content, or otherwise use the Spot2Nite Platform if you are not at least 18 years of age (or the age of majority in your jurisdiction);
- To circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Spot2Nite Platform or users of the Spot2Nite Platform or third- parties; and
- To infringe upon or violate the rights of Spot2Nite, our users or any third party.
You alone are responsible for any violation of these Terms by you. You agree to indemnify and hold Spot2Nite, its parents, subsidiaries, affiliates, officers, agents, employees, resellers or other partners and licensors harmless from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of or related to your User Content, or the use thereof, including but not limited to allegations that any processing of your User Content by Spot2Nite and/or you violates any applicable law or regulation, or infringes the privacy or intellectual property rights of a third party, your use of the Spot2Nite Platform, your violation of these Terms, or your violation of any law.
ADVERTISEMENTS AND PROMOTIONS; THIRD-PARTY PRODUCTS AND SERVICES
Spot2Nite may run advertisements and promotions from third parties via the Spot2Nite Platform or may otherwise provide information about or links to third-party products or services via the Spot2Nite Platform. Your business dealings or correspondence with, or participation in promotions of, these third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and those third parties. Spot2Nite is not responsible or liable for any loss or damage incurred as the result of any such dealings or promotions or as the result of the presence of non-Spot2Nite advertisers or third-party information accessible via the Spot2Nite Platform.
INTELLECTUAL PROPERTY INFRINGEMENT
We respect the intellectual property rights of others and encourage you to do the same. It is Spot2Nite’s policy, in appropriate circumstances and at its discretion, to remove User Content that violate the intellectual property rights of others, and/or disable and/or terminate the account or access of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Spot2Nite will respond expeditiously to claims of copyright infringement committed using the Spot2Nite website and mobile application (the "Site and Application") that are reported to Spot2Nite’s Copyright Agent.
If you believe your copyright or other intellectual property right is being infringed by a user of the Spot2Nite Platform, please provide written notice to our Copyright Agent for notice of claims of infringement at copyright@Spot2Nite.com.
To be sure the matter is handled immediately, your written notice must:
- Contain your physical or electronic signature;
- Identify the copyrighted work or other intellectual property alleged to have been infringed;
- Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
- Contain adequate information by which we can contact you (including postal address, telephone number, and email address);
- Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;
- Contain a statement that the information in the written notice is accurate; and
- Contain statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.
Unless the notice pertains to copyright or other intellectual property infringement, the Copyright Agent will be unable to address the listed concern.
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received take-down notice pursuant to the DMCA. In response, you may provide our Copyright Agent with a written counter-notification that includes the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
We reserve the right, in our sole discretion, to terminate the account or access of any user of the Spot2Nite Platform who is the subject of repeated DMCA or other infringement notifications.
See 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages including, but not limited to, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
THE Spot2Nite PLATFORM IS PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE Spot2Nite PLATFORM IS WITH YOU. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE Spot2Nite PLATFORM, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE Spot2Nite PLATFORM IS FREE OF PROBLEMS. Without limiting the generality of the foregoing, we make no warranty that the Spot2Nite Platform will meet your requirements or that the Spot2Nite Platform will be uninterrupted, timely, secure, or error free or that defects in the Spot2Nite Platform will be corrected. We make no warranty as to the results that may be obtained from the use of the Spot2Nite Platform or as to the accuracy or reliability of any information obtained through the Spot2Nite Platform. No advice or information, whether oral or written, obtained by you through the Spot2Nite Platform or from us or our subsidiaries/other affiliated companies will create any warranty. We disclaim all equitable indemnities.
LIMITATION OF LIABILITY
Spot2Nite WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE Spot2Nite PLATFORM OR YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE Spot2Nite PLATFORM. IN NO EVENT WILL Spot2Nite BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.
Spot2Nite’S MAXIMUM AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THESE TERMS OR THE Spot2Nite PLATFORM, REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO Spot2Nite IN CONNECTION WITH THESE TERMS IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (II) US $100.00.
APPLICABLE LAWS; EXPORT CONTROL
These Terms and your use of the Spot2Nite Platform will be governed by and construed in accordance with the laws of the State of Louisiana, applicable to agreements made and to be entirely performed within the State of Louisiana, without resort to its conflict of law provisions. In the event of any matter or dispute arising out of or in connection with these Terms that is not subject to binding arbitration, you and Spot2Nite will submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the state and federal courts located within New Orleans, Louisiana.
We control and operate the Spot2Nite Platform from our headquarters in the United States of America and the entirety of the Spot2Nite Platform may not be appropriate or available for use in other locations. If you use the Spot2Nite Platform outside the United States of America, you are solely responsible for following applicable local laws.
You may not use or otherwise export, re-export, import or transfer the Spot2Nite Platform (or any part thereof) except as authorized by United States law and the laws of the jurisdiction in which the Spot2Nite Platform were obtained. In particular, but without limitation, the Spot2Nite Platform (or any part thereof) may not be exported, re-exported, imported or transferred into any U.S. embargoed countries or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Spot2Nite Platform, including its Spot2Nite Services, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Spot2Nite Platform, including its Spot2Nite Services, for any purposes prohibited by United States law, including, but not limited to, the development, design, manufacture or production of nuclear missiles, or chemical or biological weapons.
DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER.
Please Read This Provision Carefully. It Affects Your Legal Rights.
This provision facilitates the prompt and efficient resolution of any dispute (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between you and us. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to the services or products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
Your acceptance of these Terms constitutes a waiver of your right to litigation claims and all opportunity to be heard by a judge or jury. This provision provides that all disputes between you and us will be resolved by binding arbitration. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees). YOU AND Spot2Nite AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution For all disputes, you must first give us an opportunity to resolve the dispute which is first done by emailing us at terms@Spot2Nite.com the following information: (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. If we do not resolve the dispute within 60 days after receiving your notification, then you may pursue your dispute in arbitration. You may pursue your dispute in a court only under the circumstances described below.
If this provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution), either you or we may initiate arbitration proceedings in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by the parties, in accordance with the applicable procedural rules set forth in the then prevailing Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The JAMS Rules and Procedures are available at www.jamsadr.com or by calling (800) 352-5267. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. Alternatively, you may assert your claims in small claims court if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The arbitrator shall apply Louisiana law consistent with the Federal Arbitration Act, the Louisiana Binding Arbitration Law, and applicable statutes of limitations, and shall honor claims of privilege recognized at law. The arbitration will be held in New Orleans, Louisiana. If you initiate arbitration against Spot2Nite, you will not be responsible for professional fees for the arbitrator’s services or any other JAMS fees. In the event that you are able to demonstrate that the costs of arbitration will be cost-prohibitive or greater than the costs of litigation, Spot2Nite will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive or more expensive than the cost of litigation. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither you nor Spot2Nite shall be entitled to arbitrate their dispute. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.
BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION.
You understand and agree that by accepting this provision in these Terms, you and Spot2Nite are each waiving the right to a jury trial or a trial before a judge in a public court. This provision will survive the termination of your account with us or our affiliates and your discontinued use of the Spot2Nite Platform.
REPEAT INFRINGER POLICY
In accordance with the DMCA and other applicable law, Spot2Nite has adopted a policy of terminating, in appropriate circumstances and at Spot2Nite’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Spot2Nite may also at our sole discretion limit access to the Spot2Nite Platform and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
AMENDMENTS AND CHANGES TO THESE TERMS
Your use of the Spot2Nite Platform is conditioned upon the version of these Terms in force at the time of your use. We reserve the right to change these Terms at any time and you waive any right you may have to receive specific notice of such changes or modifications. All changes to these Terms are effective immediately when we post them and apply to use of the Spot2Nite Platform thereafter. If you continue to access or use the Spot2Nite Platform following our posting of any changes to these Terms, we will consider that you have accepted the changes. Therefore, you must regularly review these Terms to ensure you understand the terms and conditions that apply to your access and use of the Spot2Nite Platform. If you do not agree to the changed Terms, you must stop accessing or using the Spot2Nite Platform. Spot2Nite reserves the right to change any and all features of the Spot2Nite Platform, at any time without notice.
We also recommend you regularly update to the most recent version of our Application, including mobile applications, to allow you to take advantage of new functionality and to ensure you have access to the most recent Terms of Service and promotional offer terms (changes thereto aren’t viewable until you update the Application). You recognize that changes to the Terms of Service and/or promotional offers may occur and that you will be bound to these changes, notwithstanding the fact that you were not aware of them due to your failure to update the Application. Your use of the Application, and failure to update to the most recent version, constitutes your agreement that Spot2Nite shall have no liability to you, and you release Spot2Nite, and its parent, officers, directors, employees and agents, from and against any liability, for any changes to the Terms of Service or promotional offers which were available but that which you were not aware of due to your failure to update the Application.
If any provision of these Terms is deemed unlawful, void, or unenforceable by a court or tribunal of competition jurisdiction, the remaining provisions shall remain in full force.
If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at terms@Spot2Nite.com.