Spotlyte Parking Terms and Conditions of Use
Last Revised: January 29, 2021
Terms of Service
Welcome to Spotlyte Parking! The following Terms of Service (“Terms of Service” or “Terms”) apply to all users of Spotlytepark.com and its associated websites, subdomains, mobile versions, any associated applications and services (collectively, the “Website”), which are operated by Spotlyte Parking LLC (“Spotlyte,” “we” or “us”). Spotlyte informs users of the location and potential availability of certain parking spots and facilitates reservations by collecting fees (“Reservations”) on behalf of the parking spot licensors (“Licensors”).
The Terms for the Website represent a legally binding agreement between you, an individual user or a single entity (collectively or individually “Users”), and Spotlyte regarding your use of the Website. Together, Users and Spotlyte are each referred to herein individually as a “Party” or collectively as the “Parties.” When using the Website, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time on the Website (the “Guidelines”). All Guidelines are incorporated by reference into these Terms. These Terms apply to all users of the Website and our services, including without limitation users who are browsers, customers, vendors, merchants, and/ or contributors of content.
Before using the website, please read the following terms carefully. by accessing, browsing, using and/or registering with the website, you acknowledge that you have read, understood, and agree to be bound by the following terms, including the guidelines, and any future modifications. if at any time you do not agree to these terms, please immediately terminate your use of the website.
1. Children. You must be the age of Majority or older (18 in most states of the United States; older in some jurisdictions) to become a member of the Website. While individuals under the age of 18 (but not younger than 13) may use the Website, they must do so only with the consent and involvement of a parent or legal guardian, under such persons account and otherwise subject to these Terms. Spotlyte does not seek through this Website to gather personal information from or about persons under the age of 13. NOTICE: Visit www.OnGuardOnline.gov for tips from the Federal Trade Commission on protecting children’s privacy online.
2. Privacy Notice. Your privacy is important to Spotlyte. Spotlyte’s main Privacy Policy and California Specific Privacy Policy are incorporated into these Terms by reference and may be accessed [main Privacy Policy], [California Specific Privacy Policy]. Please read the Privacy Policy carefully for information relating to Spotlyte’s collection, use, and disclosure of your personal information.
3. Modification of the Terms. Spotlyte reserves the right, at our discretion, to change, modify, add or remove portions of these Terms at any time for any reason, and we may notify you of such changes through any of a variety of means, including a change to the “Last Revised” date set forth above and other reasonable means to be determined at our discretion. All changes shall be effective immediately. Please check these Terms periodically for changes. Your continued use of the Website after the posting of changes constitutes your binding acceptance of such changes.
4. Website Access, Linking. Spotlyte grants you permission to use its Website as set forth in these Terms, provided that and for so long as (i) you use the Website solely as expressly permitted herein; (ii) except as expressly permitted in these Terms, you do not download, reproduce, redistribute, retransmit, publish, resell, distribute, publicly display or otherwise use or exploit any portion of the Website in any medium without Spotlyte’s prior written authorization; (iii) you do not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purposes; (iv) you do not engage in any of the prohibited uses as described in these Terms; and (v) you otherwise fully comply with these Terms. The Website is controlled and offered by Spotlyte from its facilities in New York in the United States of America. Spotlyte makes no representations that the Website is appropriate or available for use in other locations. If you are accessing or using the Website from other jurisdictions, you do so at your own risk, and you are responsible for compliance with local laws.
5. Fees and Payments.
(a) Reservations. By making a reservation, you acknowledge and agree that you are entering into a transaction electronically (including without limitation all records relating to such transactions) and you intend to be bound by and to pay for such agreements and transactions. When Spotlyte receives your payment, your obligation to pay the Licensor for the Reservation is fully satisfied; provided, that you will be responsible for any other charges you incur outside the scope of Spotlyte’s services at the Licensor’s facility. Spotlyte does not (1) operate a parking lot or other parking facility; (2) provide a parking service; (2) settle disputes between users of the parking spots; or (3) provide services other than facilitating the Reservations. We are not responsible for any delays associated with parking, road closures or changing traffic conditions. We do not guarantee the availability of a specific parking spot, however, if you reserve a parking spot and it is unavailable at the time of your reservation, we will attempt to locate an alternative parking spot. If we cannot locate an alternate parking spot, we will issue a full refund. In connection with the provision of our services, Licensors have represented and warranted that they have the full authority to list the parking spots for Reservations. We are not responsible for confirming whether any such representation or warranty is true and correct, nor are we responsible if any such representation or warranty becomes inaccurate or incomplete prior to your Reservation. We will never be responsible for any agreement or other arrangements between you and any Licensor, regardless of whether such agreement or other arrangements are related to your Reservation and use of a parking spot. Please contact us at Support@spotlytepark.com if you have any concerns.
(b) Pricing. Spotlyte does not (1) operate the Licensor’s parking spots; (2) establish the prices for the Licensor’s parking spots; nor (3) determine parking availability provided by the respective Licensors. Please carefully read all pricing terms in the areas of the Website that allow you to make a Reservation. While we will make a reasonable effort to confirm the pricing for a parking spot, Spotlyte is not responsible for typographic errors. The price for each respective parking spot will be clearly marked on the Website and also clearly marked when you enter your credit card information to purchase. A third-party payment processor will collect your name, email address, postal address, contact details and credit or debit card information. You agree to pay all fees and applicable taxes incurred by you or anyone using your account. We may revise the pricing for Reservations or features offered through the Website at any time. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. If there is a dispute regarding payment of fees or content provided by us, your account may be closed without warning or notice at our sole discretion. EXCEPT AS OTHERWISE SET FORTH IN ANY REFUND POLICY APPLICABLE TO OUR RESERVATIONS, YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR OUR RESERVATIONS ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES. If you believe that an unauthorized transaction has taken place under your account, you agree to notify us immediately.
(c) Promotional Rates and Coupons. Spotlyte may issue discounted rates in the form of promotional codes or coupon codes. Third-party coupons not issued by Spotlyte are not valid on the Website.
(d) Accuracy of Billing. We reserve the right to refuse any Reservation you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include Reservations placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the Reservation was made. We reserve the right to limit or prohibit Reservations that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
(e) Availability. We reserve the right to limit access to any Reservation that we offer. We reserve the right to discontinue any Reservation at any time. We do not warrant that the quality of any services, information, parking spot locations or other materials purchased or obtained by you will meet your expectations.
6. Account Information.
(a) When you register with us, or otherwise provide user information, you must complete the registration process by providing us with complete and accurate account information. You grant to us and to all other persons and entities involved in the operation of the Website the right to use, store, monitor, retrieve and transmit your account information in connection with the operation of the Website and as otherwise provided herein. Our information collection and use policies with respect to the privacy of your account information are set forth in our privacy policies, which are incorporated into these Terms by reference for all purposes. You acknowledge, consent, and agree that Spotlyte may access, preserve and disclose your account information and User Content if required to do so by law or in a good-faith belief that such access preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms; (c) respond to any claim that User Content violates the rights of third parties; (d) provide certain customized features of the Website to you, if any; (e) respond if you contact Spotlyte for any reason; or (f) protect the rights, property, or personal safety of Spotlyte, its other Users, and the public.
(b) Termination. Accounts terminated by us for any type of abuse including, without limitation, a violation of these Terms, may not be reactivated. We reserve the right to immediately terminate your account at our sole discretion, and without prior notice to you if, for example, you violate the Terms. Without limiting the foregoing, if you are a repeat copyright infringer, we will, in appropriate circumstances, permanently terminate your account and remove all of your User Content from the Website.
7. Password. If you register with us, you will be asked to provide a password. As you will be responsible for all activities that occur under your account, you should keep your password confidential. The Website may implement technology that enables us to recognize you as the account holder and provide you with direct access to your account when you revisit the Website. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or Spotlyte compatible devices, and you agree to accept responsibility for all activities that occur under your account or password. Where possible, users of public or shared devices should log out at the completion of each visit. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your email address or password), you shall immediately notify Spotlyte. Then, you should report this incident to all of your card issuers, as well as your local law enforcement agency. YOU ARE SOLELY LIABLE FOR LOSSES INCURRED BY YOU, SPOTLYTE OR OTHERS DUE TO ANY UNAUTHORIZED USE OF YOUR ACCOUNT.
8. SMS Messaging. If you grant us permission, we may use your mobile phone number or similar contact information to send text message(s). We will only use your phone number and/or contact information to facilitate your Reservations. Separate rates may apply from your carrier.
9. Ownership; Proprietary Rights.
(a) General. The Website, including all content, visual interfaces, interactive features, audio, video, digital content, information, text, graphics, design, compilation, computer code, products, software, services, proprietary information, copyrights, service marks, trademarks, trade names, distinctive information such as logos, the selection, sequence, “look and feel,” arrangement of items, and all other elements of the Website that are provided by Spotlyte (“Spotlyte Materials”) are owned and/or licensed by Spotlyte and are legally protected, without limitation, under U.S. federal and state laws and regulations, as well as applicable foreign laws, regulations and treaties. Spotlyte Materials do not include Non-Spotlyte Content (as defined below). Except as expressly authorized by Spotlyte, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, reverse engineer or disassemble any software or otherwise make unauthorized use of the Website or Spotlyte Materials. Spotlyte reserves all rights not expressly granted in these Terms. You shall not acquire any right, title or interest to the Spotlyte Materials, except for the limited rights expressly set forth in these Terms.
10. User Content.
(a) General. The Website may now or in the future permit you and other Users to post or link media, text, ideas, questions, audio and video recordings, photos, graphics, commentary or other information or content (“User Content”), and to host and/or share such User Content. Spotlyte makes no representations that your User Content will remain available via the Website in any way. We may remove your User Content at our sole discretion. You understand that any user content that you post for viewing on the website is made publicly available to users of the website, and Spotlyte does not guarantee any confidentiality with respect to any such user content, nor does it guarantee that your intellectual or proprietary rights in such user content will not be infringed or misappropriated.
(b) Grant of Rights. By submitting User Content to Spotlyte, you hereby grant Spotlyte a worldwide, non-exclusive, fully paid-up, royalty-free, transferable license, with the right to grant and authorize sublicenses, to use, reproduce, distribute, modify, adapt, translate, prepare derivative works of, display, perform, and otherwise exploit your User Content in connection with the Website and Spotlyte’s (and its successor’s, transferees’, sublicensees’ and their respective affiliates’) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels or through merchandising. You grant Spotlyte, transferees and sublicensees (and their respective affiliates) the right to use the name that you submit in connection with such User Content if they choose. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. You also hereby grant to each User of the Website a non-exclusive license to access your User Content through the Website, and to use, reproduce, distribute, modify, adapt, translate, prepare derivative works of, display, and perform such User Content as permitted by the functionality of the Website and these Terms. The above licenses granted by you in the User Content you submit to the Website shall be perpetual and irrevocable, except that with respect to any User Content that you have removed or deleted while maintaining your Website user account, or any User Content following any deactivation or deletion of your Website user account, you may specifically notify Spotlyte regarding the termination of the foregoing license from you to Spotlyte, specifically identifying the item(s) of User Content to which such termination applies, in which case the foregoing license will terminate within a commercially reasonable time after you provide such notice to Spotlyte. You understand and agree, however, that even following such termination, Spotlyte may retain, but not display or perform, server copies of such User Content. Notwithstanding anything to the contrary herein, the above licenses granted by you in user comments you submit are perpetual and irrevocable.
(c) Your Representations and Warranties Regarding User Content. You shall be solely responsible for your own User Content and the consequences of posting such User Content. In connection with User Content, you affirm, represent, and/or warrant that: (i) your User Content is not confidential or secret, (ii) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Spotlyte to use, all patent, trademark, copyright, or other proprietary rights in and to any and all User Content to enable inclusion and use of User Content in the manner contemplated by Spotlyte and these Terms, and to grant the rights and licenses set forth in this Section, and (iii) your User Content, Spotlyte’s use of such User Content pursuant to these Terms, and Spotlyte’s exercise of the license rights set forth in this Section, do not and will not: (A) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (B) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (C) violate any applicable law or regulation, (iv) you have no expectation of compensation or confidentiality of any nature with respect to your User Content and we, our affiliates, our licensors and/or their affiliates may already have projects under consideration or are independently developing projects that are similar to your User Content; and (v) you shall indemnify and hold us harmless from and against any and all claims, actions and damages (including, without limitation, court costs, legal fees, accounting fees and amounts paid in settlement) that are related to or result from your use of the Website, your User Content or its posting on, or submission to, the Website, and/or your violation of these Terms or your representations and warranties hereunder. You will cooperate as fully as reasonably required in the defense of any such claim or action; however, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
(d) Prohibited Uses of User Content. Except as otherwise permitted by these Terms, in connection with your User Content, you further agree that you will not publish, post, submit, transmit through or otherwise make available to the Website: (i) any falsehoods or misrepresentations that could damage Spotlyte or any third party; (ii) any material which is unlawful, defamatory, libelous, slanderous, pornographic, obscene, abusive, profane, vulgar, sexually explicit, threatening, harassing, harmful, hateful, racially or ethnically offensive or otherwise objectionable, creates a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal or which encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or any right of privacy or publicity, or is otherwise inappropriate; (iii) advertisements or solicitations of business, products, or services; or (iv) any material that would be harmful to minors in any manner.
(e) No Responsibility for User Content. With the exception of the limited license granted above, we do not obtain or control any rights in, and do not exert editorial control over, User Content. Nothing herein obligates us to verify, and we have not necessarily verified, the representations and warranties made by Users with respect to such User Content.
11. Non-Spotlyte Content Disclaimer. You understand that when using the Website you may be exposed to User Content, advertising and other third party content (together, the “Non-Spotlyte Content”) from a variety of sources and that you may be exposed to Non-Spotlyte Content that is inaccurate, offensive, indecent, or otherwise objectionable. Spotlyte does not endorse any Non-Spotlyte Content or any opinion, recommendation, or advice expressed therein. Under no circumstances will Spotlyte be liable in any way for or in connection with the Non-Spotlyte Content, including, but not limited to, for any inaccuracies, errors or omissions in any Non-Spotlyte Content, any intellectual property infringement or misappropriation with regard to any Non-Spotlyte Content, or for any loss or damage of any kind incurred as a result of the use of any Non- Spotlyte Content posted, emailed or otherwise displayed or transmitted through the Website.
12. Non-Monitoring of Users and Non-Spotlyte Content. You understand that you, and not Spotlyte, are entirely responsible for all User Content that you upload, post, email, transmit or otherwise make available through the Website. Spotlyte does not control Non-Spotlyte Content posted by Users or otherwise made available by other persons or entities and does not have any obligation to monitor such Non-Spotlyte Content for any purpose. If at any time Spotlyte chooses, in its sole discretion, to monitor the Non-Spotlyte Content, Spotlyte nonetheless assumes no responsibility for the Non-Spotlyte Content, no obligation to modify or remove any inappropriate Non-Spotlyte Content, no obligation to continue to monitor the Non-Spotlyte Content and no responsibility for the conduct of the User or other person or entity submitting any such Non-Spotlyte Content. You agree that you must evaluate, and bear all risks associated with the use of any User Content or other Non-Spotlyte Content, including any reliance on the accuracy, completeness, usefulness, non-infringement or legality of such User Content or other Non-Spotlyte Content.
13. Removal of Non-Spotlyte Content. Spotlyte and its designees shall have the right (but not the obligation) in their sole discretion to refuse to post or remove any Non-Spotlyte Content that is available on the Website in whole or in part at any time for any reason or no reason, with or without notice and with no liability of any kind.
14. Prohibited Uses of the Website.
(a) As a condition of your use of the Website, you hereby represent and warrant that you will not use the Website for any purpose that is unlawful or prohibited (including, without limitation, the prohibitions in this Section) by these Terms.
(b) Any use by you of any of the Spotlyte Materials and Website other than for your personal use is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute, or exploit any portion of the Website or Non-Spotlyte Content obtained through the Website, for any purpose other than for your personal use. Any use of the Website other than as expressly permitted herein without our consent is strictly prohibited.
(c) Except as expressly provided in Section 4, you agree not to create derivative works of the Website content, including, without limitation, montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards or merchandise, unless permitted under these Terms or with the prior written authorization of Spotlyte and any applicable licensors.
(d) You agree not to use the Website if you do not meet the eligibility requirements described in Section 1 above.
(e) You agree not to defame, harass, abuse, threaten, stalk or defraud Users of the Website, or collect, or attempt to collect, personal information about Users or third parties without their consent.
(f) You agree not to intentionally interfere with or damage, impair or disable the operation of the Website or any User’s enjoyment of it by any means, including but not limited to uploading or otherwise disseminating viruses, worms, spyware, adware, or other malicious code, or placing a disproportionate load on the Website with the intended result of denying service to other Users.
(g) You agree not to remove, circumvent, disable, damage or otherwise interfere with any security- related features of the Website, features that prevent or restrict the use or copying of any part of the Website, or features that enforce limitations on the use of the Website.
(h) You agree not to attempt to gain unauthorized access to the Website or any part of it, including gaining access or attempting to gain access to another user’s account, computer systems or networks connected to the Website or any part of it, through request, hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Website or any activities conducted through the Website.
(i) You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website. You agree neither to modify the Website in any manner or form (other than contributing User Content as enabled by the Website’s functionality and in accordance with these Terms), nor to use modified versions of the Website, including (without limitation) for the purpose of obtaining unauthorized access to the Website or for the removal of any proprietary notices or labels on the Website.
(j) You agree that you will not use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express prior written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.
(k) You agree not to use framing techniques to enclose any trademark, logo, or other Spotlyte Materials without our express prior written consent. You agree not to use any meta tags or any other “hidden text” using Spotlyte’s name or trademarks without Spotlyte’s express prior written consent.
(l) You agree not to use any Spotlyte logos, graphics, or trademarks as part of the link without our express prior written consent.
(m) You agree not to sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the Website to any third party.
(n) You agree not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Website or to insert your own or a third party’s advertising, branding or other promotional content on the Website. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
(o) You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
(p) You agree not to use the Website in any manner that could interrupt, damage, disable, overburden or impair the Website, or interfere with any other party’s use and enjoyment of the Website, including, without limitation, sending mass unsolicited messages or “flooding” servers.
(q) You agree not to modify, adapt, translate, or create derivative works based upon the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
(r) You agree not to impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
(s) You agree not to use the Website to “stalk” or otherwise harass or harm another in any way.
(t) You agree not to post, transmit or otherwise disseminate through the Website any User Content that, as we determine at our sole discretion: (i) is unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights, (ii) is derogatory or harmful to our reputation, the reputation of our licensors, or any of our or their respective officers, members, employees, representatives, licensors and/or suppliers, in any way; (iii) may incite violence or other unlawful activity; or (iv) is harmful to children in any manner.
Unauthorized or prohibited use of the Website or the Spotlyte Materials may subject you to civil liability, criminal prosecution, or both under federal, state and local laws.
15. Social Media Component
In certain sections of the Website, you may be able to post your comments on the Website from social media websites such as Facebook. For example, your friends and others who have access to view information about you on Facebook will be able to see (on Facebook and on our Website) that you posted a comment. You'll also be able to see similar information about your or your Facebook friends who are connected to our Website. In addition, our Website may personalize and otherwise enhance your experience based on your social media information, such as your basic information, likes and interests. Please pay careful attention to your Facebook settings in your account as well as your privacy settings on this Website which will impact this feature and may give you some control over the information that is shared and who it is shared with. See the respective websites for details.
16. Linking to the Website and Reference Websites.
(a) Linking to the Website. You agree that if you include a link from any other website to the Website, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of the Website. You are not permitted to link directly to any image hosted on the Website, such as using an “in-line” linking method to cause the image hosted on the Website to be displayed on another website. You agree not to download or use images hosted on the Website on another website, for any purpose, including, without limitation, posting such images on another website. You agree not to link from any other website in any manner such that the Website, or any page of the Website, is “framed,” surrounded or obfuscated by any third-party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Website be discontinued, and to revoke your right to link to the Website from any other website at any time.
(b) Reference Websites. Spotlyte, Users and other third parties may provide links on the Website to other websites, including the content therein (“Reference Sites”). Spotlyte has no control over such Reference Sites or their content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability, or reliability of Reference Sites or other content linked to by the Website. Spotlyte provides links to you only as a convenience, and the inclusion of any link on the Website does not imply our affiliation, endorsement, or adoption of the linked Reference Site or other content or any information therein. If you choose to correspond or engage in transactions with any other person, organization or business found on or through the Website, you acknowledge and agree that we are not a party to, and will not be responsible for, your interaction with such person, organization or business, including its treatment of your information, your User Content, and/or the terms and conditions applicable to any transaction between you and such third-party. You agree that we have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such person, organizations or businesses on the Website. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, CONTENT, MATERIAL, PRODUCTS, AND SERVICES ON REFERENCE SITES OR AVAILABLE THROUGH REFERENCE SITES, IS SOLELY AT YOUR OWN RISK. Spotlyte may earn a portion of sales from products that are purchased through our Website as part of our affiliate partnerships with Reference Sites. Our terms and policies do not govern your use of any website other than our Website. You should review applicable terms and policies, including the privacy and data gathering practices, of any Reference Sites.
17. Service Availability; Timeliness of Information. Spotlyte may make changes to or discontinue any of the Spotlyte Materials, web communities or content available on the Website at any time, and without notice, and Spotlyte makes no commitment to update these materials on the Website.
This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
18. Service Testing. From time to time, we test various aspects of the Website, including the platform, user interfaces, service levels, plans, promotions, features, availability of Spotlyte Materials, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.
19. Feedback. You agree that with respect to any contest or other promotion entries, feedback, analysis, suggestions, and comments to Spotlyte provided by you (collectively, “Feedback”), In consideration of Spotlyte providing access to the website free of charge, user hereby grants to Spotlyte the exclusive perpetual, irrevocable and worldwide right to use, copy, display, perform, translate, modify, license, sublicense and otherwise exploit all or part of the feedback or any derivative thereof in any embodiment, manner or media now known or hereafter devised without any remuneration, compensation or credit to user. User represents and warrants that User has the right to make the foregoing grant to Spotlyte and that any Feedback which is provided by User to Spotlyte does not infringe any third-party intellectual property or any other rights. Notwithstanding the foregoing, Spotlyte grants to you a non-exclusive, non-transferable, non-sublicensable, worldwide, perpetual and irrevocable license to use the Feedback for your own personal, non-commercial purposes that do not compete, directly or indirectly, with our use of such Feedback.
20. Termination. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services and by ceasing use of our Website. You agree that Spotlyte, in its sole discretion, may terminate any account (or any part thereof) you may have through the Website or your use of the Website, and remove and discard all or any part of your account or any User Content. You agree that your access to the Website or any account you may have or portion thereof may be terminated without prior notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to the Website (or any part thereof). You also agree that Spotlyte shall not be liable to you or any third-party for any such termination. Spotlyte reserves the right to modify, suspend or discontinue the Website and/or access to it at any time and without notice to you, and Spotlyte will not be liable to you should it exercise such rights, even if your use of the Website is impacted by the change. These remedies are in addition to any other remedies Spotlyte may have at law or in equity.
21. Indemnification; hold harmless. You agree to indemnify and hold harmless Spotlyte and its officers, directors, employees, agents and representatives from any and all claims, losses, obligations, damages, liabilities, costs, debt, and expenses (including attorney’s fees) arising out of (I) your use or misuse of the website; (ii) your user content, including Spotlyte’s use, display or other exercise of its license rights granted herein with respect to your user content; (iii) your violation of these terms; (iv) your violation of the rights of any other person or entity, including claims that any user content infringes or violates any third party intellectual property rights; (v) your breach of the foregoing representations, warranties, and covenants; and (vi) any unauthorized use of your account. Spotlyte reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter giving rise to your indemnification obligations without the prior written consent of Spotlyte. Spotlyte will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
22. Disclaimers; no warranties.
(A) Acknowledgment. You expressly acknowledge that as used in this section 22, and sections 23 and 24 below, the term Spotlyte includes each of its officers, directors, employees, shareholders, members, agents and subcontractors.
(B) No warranties. To the fullest extent permissible pursuant to applicable law, Spotlyte disclaims all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from Spotlyte or through the website, will create any warranty not expressly stated herein.
(C) “As is” and “as available” and “with all faults.” you expressly agree that the use of the website is at your sole risk. The website, Spotlyte materials, user content and non-Spotlyte content are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind, either express or implied.
(D) Website operation and non-Spotlyte content. Spotlyte does not warrant that the Spotlyte materials, user content, non-Spotlyte content, website, or any other information offered on or through the website will be uninterrupted, or free of errors, hacking, viruses, or other harmful components and does not warrant that any of the foregoing will be corrected.
(E) Accuracy. Spotlyte does not warrant or make any representations regarding the use or the results of the use of the website in terms of correctness, accuracy, reliability, or otherwise.
(F) Harm to your computer. You understand and agree that your using, accessing, downloading, or otherwise obtaining information, materials, or data through the website (including rss feeds) is at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system) or loss of data that results from the use or download of, or other access to such material or data.
(G) Spotlyte makes no representations or warranties concerning Spotlyte ready devices or the compatibility of the device with our service. Additional disclaimers or limitations of liability may be contained in the various software end license agreements you have agreed to by using our service.
(H) Safety or damage to your vehicle. Spotlyte makes no representations or warranties concerning the safety of the parking spot. Making a reservation is at your own discretion and risk. You will be solely responsible for any damage to your car or any personal injury resulting from the use of the parking spot.
23. Limitation of liability and damages.
(A) Limitation of liability. Under no circumstances, and under no legal theory, including, but not limited to, negligence, shall Spotlyte or its third party collaborators, licensors or suppliers, be liable for personal injury or any special, indirect, incidental, consequential, or exemplary damages (including, without limitation, loss of profits, business interruption or any other commercial damages or loss, data or use or cost of cover) arising out of or relating to these terms or that result from your use of, or the inability to use, the Spotlyte materials and user content on the website, the website itself, or any other interactions with Spotlyte, even if Spotlyte has been advised of the possibility of such damages.
(B) Limitation of damages. In no event shall Spotlyte or its third party collaborators, licensors or suppliers’ total liability to you for all damages, losses, and causes of action arising out of or relating to these terms or your use of the website (whether in contract, tort (including negligence), warranty, or otherwise) exceed one hundred dollars (usd $100).
24. Limitations by applicable law; basis of the bargain.
(A) limitations by applicable law. Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If you reside in such a jurisdiction, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. The limitations or exclusions of warranties, remedies, or liability contained in these terms apply to you to the fullest extent such limitations or exclusions are permitted under the laws of the jurisdiction in which you are located.
(B) basis of the bargain. You acknowledge and agree that Spotlyte has offered its content and entered into these terms in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Spotlyte, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Spotlyte. You acknowledge and agree that Spotlyte would not be able to provide the website to you on an economically reasonable basis without these limitations.
25. Digital Millennium Copyright Act Compliance (“DMCA”).
(a) Infringement Claims. If you are a copyright owner or an agent thereof, and believe that any User Content or other Non-Spotlyte Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative listing of such works or a link or URL to all such works;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity on the Website and that is to be removed or access to which is to be disabled, including the link or URL for all such material on the Website;
Information reasonably sufficient to permit Spotlyte to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Spotlyte’s designated Copyright Agent to receive notifications of claimed infringement is: Spotlyte Copyright Agent: [spotlyte].
FAILURE TO INCLUDE ALL OF THE ABOVE INFORMATION, ESPECIALLY SPECIFIC INFORMATION ABOUT WHERE INFRINGING CONTENT MAY BE FOUND, WILL RESULT IN A DELAY IN THE PROCESSING OF YOUR DMCA NOTIFICATION AND MAY RESULT IN YOUR HAVING TO REPEAT SOME OR ALL OF THE ABOVE PROCESS.
(b) Notice and Takedown. If we receive proper notification of claimed copyright infringement, we will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing, as described below, or to be the subject of infringing activity. We will also comply with the appropriate provisions of the DMCA in the event a counter-notification is received, as described below. We may, at our discretion, deny access to the Website by, or disable and/or terminate the accounts of, Users who may be infringers.
(c) Copyright Counter-Notices. If content you posted on the Website was removed for copyright or intellectual property infringement, and you would like to dispute that removal, the process for counter-notifications, which is governed by Section 512(g) of the DMCA, is as follows:
To file a counter-notification with us, you must provide our Copyright Agent, at the address set forth above, with a written communication that sets forth the items specified below.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination, in appropriate circumstances, of the accounts of (or access privileges by) Users who are infringers. Accordingly, if you are not sure whether certain material infringes your copyright or the copyrights of others, we suggest that you first contact an attorney.
(d) Elements of Counter-Notification. To expedite our ability to process your counter- notification, please use the following format (including section numbers):
Identify the specific URLs of (or other information sufficient to allow us to identify) material that Spotlyte has removed or to which Spotlyte has disabled access.
Provide your full name, address, telephone number, email address and, if you are a registered User, the User name of your Spotlyte account.
Provide a statement that you consent to the jurisdiction of the Southern District of New York and the Federal District Court for the judicial district in which your address is located (if your address is outside of the U.S.A.), and that you will accept service of process from the person who provided notification to our Copyright Agent in accordance with the process outlined above or an agent of such person.
Include the following statement: “I swear, under penalty of perjury, that I 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.”
Sign the notice. If you are providing notice by email, a scanned physical signature or a valid electronic signature will be accepted. Send the communication to the following email address: Support@spotlytepark.com
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes any of your Identifying Information set forth in the counter-notification. By submitting a counter-notification, you consent to having such Identifying Information revealed in this way. We will not forward the counter-notification to any party other than the original claimant. After we send out the counter-notification, the claimant must then notify us within ten (10) days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Website. If we receive such notification, we will be unable to restore the items. If we do not receive such notification, we may, but are not obligated to, reinstate the disputed item(s).
(e) Foreign Counter-Notification: If you reside outside of the United States, please understand that filing a counter-notice may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country and/or the United States of America if you make a false or bad faith allegation by using this process. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of access privileges for Users who are infringers. So, if you are not sure whether content you posted on the Website is being infringed or are otherwise unsure of whether to file a counter-notification using these procedures, we strongly recommend you first contact a lawyer knowledgeable in the laws of the United States and the State of New York. If you do wish to file a counter-notice, you should follow the process set forth above under the heading “Elements of Counter-Notification.”
(f) DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.
26. Miscellaneous.
(a) Notice. Spotlyte may provide you with notices, including those regarding changes to these Terms, by email, regular mail or postings on the Website. If Notice is by email or mail, it will be provided to the email or regular mailing address provided by you with your account information and it is your responsibility to update such account information for any changes. Notice to you will be deemed given twenty-four hours after an email is sent, unless Spotlyte is notified that the email address is invalid, and if through postal mail, three days after the date of mailing. You may provide Spotlyte with notices only by email at Support@spotlytepark.com
(b) Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law.
(c) Jurisdiction. For any dispute you have with us, you agree to first contact us through email Support@spotlytepark.com and attempt to resolve the dispute with us informally. If we have not been able to resolve the dispute with you informally, we each agree that any action at law or in equity arising out of or relating to these Terms or the Website shall be filed only in the state or federal courts of New York County within the State of New York and you hereby consent and submit to the personal and exclusive jurisdiction and venue of such courts for the purposes of litigating any such action. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION UNDER THIS AGREEMENT, YOUR USE OF THE WEBSITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
(d) Claims. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. If, for any reason, we believe, have reason to believe, suspect or are notified of any act, omission or circumstances which may or could (i) compromise or endanger the health, well-being or safety of any person, (ii) cause or lead to damage to persons or property (tangible or intangible), (iii) adversely affect, infringe upon or misappropriate the rights of others, (iv) harass or interfere with any other user or person, firm or enterprise, (v) interfere with or bypass our security or other protective measures applicable to our systems, networks and communications capabilities, (vi) breach or violate these Terms, or (vii) violate any law or regulation, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity and under this agreement with you, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law.
(e) Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Spotlyte to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
(f) Notice for California Users.
Under California Civil Code Section 1789.3, users of our Website service from California are entitled to receive information on how to resolve a complaint regarding the Website service or to receive further information regarding use of the Website service:
Such complaints or requests may be submitted to Spotlyte via email at: Support@spotlytepark.com
(g) Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
(h) Assignment. The Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Spotlyte without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
(i) Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
(j) Entire Agreement. This is the entire agreement between you and Spotlyte relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter, excluding any other agreements that you may have entered into with Spotlyte. These Terms shall not be modified except in writing, signed by both parties, or by a change to these Terms made by Spotlyte as set forth in Section 3 above. All rights not expressly granted in these Terms are reserved to us.
Copyright © 2021 Spotlyte Parking LLC All Rights Reserved.
Privacy Policy
This Privacy Policy applies to all users of Spotlytepark.com and its associated websites, subdomains, mobile versions, any associated applications and services (collectively, the “Website”), which are operated by Spotlyte Parking LLC. Spotlyte informs users of the location and potential availability of certain parking spots and facilitates reservations by collecting fees (“Reservations”) on behalf of the parking spot licensors (“Licensors”).
Spotlyte understands that your privacy is important to you and that you care about how your Personal Information is used and shared. We respect and value the privacy of everyone who visits this Website, and will only collect and use Personal Information in ways that are described here (whether or not you have an account with us), and in a manner that is consistent with our obligations and your rights under the law.
In conjunction with the Terms of Service which may be accessed here, this Privacy Policy sets out the basis on which any Personal Information you provide will be collected, processed, used and stored by us. Please read it carefully. By visiting this Website, you are accepting and consenting to the practices described in this Privacy Policy, which may be amended at our sole discretion from time to time. If you use the Website after we have published such changes, you will be agreeing to be bound by those changes. If you do not agree to be bound by this Privacy Policy at any time, you should not use the Website.
A. Registration on our Website
You must be the age of Majority or older (18 in most states of the United States; older in some jurisdictions) to become a member of the Website. While individuals under the age of 18 (but not younger than 13) may use the Website, they must do so only with the consent and involvement of a parent or legal guardian, under such persons account and otherwise subject to our Terms of Service. Spotlyte does not seek through this Website to gather Personal Information from or about persons under the age of 13. NOTICE: Visit www.OnGuardOnline.gov for tips from the Federal Trade Commission on protecting children’s privacy online.
If we become aware that you are under the age of Majority and are attempting to or have submitted Personal Information via the Website, we will not accept such information and we will take steps to remove such information from our records. This may involve us having to access and verify your age and other relevant details.
B. Introduction
This Privacy Policy explains the following:
What information we collect about you and why;
How we use information about you;
How your information may be shared;
How we store and process information about you;
When and how we communicate with you;
How long we may keep Personal Information about you;
How you can opt-out from receiving communications from us;
Cookies and our Analysis Tools;
Information over the Internet and other Websites;
Legal disclaimer; and
How to contact us.
1. What information we collect about you and why:
We may collect two types of information: Personal Information (“PI”) and information that is not personally identifiable (“Non PI”). Please note that we do not sell your PI to anyone.
A. What PI Do We Collect?
When you register with us, we may ask for information such as your first name, last name, phone number and email address. We also acquire your Internet protocol address and/or mobile device identification, which certain jurisdictions consider to be PI because it could be used to identify an individual or device if it were combined with other identifying information.
SMS Messaging. If you grant us permission, we may use your mobile phone number or similar contact information to send text message(s). We will only use your phone number and/or contact information to facilitate your Reservations. Separate rates may apply from your carrier.
We may capture user information when users send us questions or comments via e-mail. Information collected in this manner will only be used to contact the user and/or respond to the user’s inquiry/issue. Sending us an e-mail will not enroll you on our e-mail list unless you specifically request it.
For Reservations made through the Website, a third-party payment processor will collect your full name, email address, postal address, contact details and credit or debit card information (“Billing Information”). This record will be stored and processed in the United States and other countries (see further below under “How we use information about you” and “How we store and process information about you”). By making a Reservation, you grant to us and to all other persons and entities involved in the operation of the Website, the right to use, store, monitor, retrieve and transmit your account information in connection with the operation of the Website and as otherwise provided herein. You also agree that such access and use of your Personal Information is governed by their privacy policies. We are not responsible or liable for the content, activities or privacy policies of any third-party sites. Accordingly, please refer to their respective privacy policies.
We do not request on or through the Website other information that is often considered “highly sensitive,” such as other financial account information (e.g., credit report information, bank account numbers), personal health information, or government issued identification (e.g., your social security card, drivers’ license, or passport), although we reserve the right to do so when such information is necessary to verify your Billing Information.
We take reasonable precautions to protect the confidentiality and security of your Personal Information by using industry recognized security safeguards such as site monitoring, secured networks and servers, firewalls and/or encryption. When you enter PI, we encrypt the transmission of that information or use SSL connections (Secure Socket Layer) technology. Your credit card information is always encrypted during transfer over networks. Unfortunately, no method of transmission over the Internet is completely secure. Therefore, while we strive to protect your Personal Information within industry standards, we cannot guarantee its absolute security.
We may also obtain your Personal Information through your use of social media depending on your settings or the privacy policies of these services. To change your settings on these services, please refer to their respective privacy notices.
B. What Non PI Do We Collect?
Some of the information that we acquire cannot identify, distinguish or trace you or your device, even if combined with other identifying information, and some information that could be considered PI when combined with other identifying information is not used in a way that identifies, distinguishes or traces you or your device, but is instead used in an anonymous way, often aggregated with other anonymous information about other users. For example, when you download and install one of our apps onto your mobile device we assign a random number to your app installation. This number cannot be used to identify you personally, and we cannot identify you personally unless you choose to become a registered user of the app. We use this random number in a manner similar to our use of cookies as described in this Privacy Policy. Unlike cookies, the random number is assigned to your installation of the app itself and not a browser, because the app does not work through your browser. Therefore the random number cannot be removed through settings. If you do not want us to use the random number for the purposes for which we use cookies, please do not use the apps. Our use of cookies and other tracking technologies on our mobile optimized sites and our Spotlyte app are similar to our use on our desktop sites.
If your Personal Information changes, or if you no longer choose to use our services or the Website, you can contact customer service by e-mail us at Support@spotlytepark.com to assist you with changes to your account. To the extent your account closes or becomes inactive, we will continue to protect your information as described in this Privacy Policy.
2. How we use information about you:
A. We may use the PI we collect in the following ways:
to contact users with updates and relevant information about their Reservations because they have signed up to do so through our Website.
to provide users with personalized offers, promotions, news, events and other relevant information. Such direct marketing shall be sent in response to a request from a user to receive newsletters, marketing emails or similar communications, or when a user has purchased content or expressed interest in such content or services. If you would no longer like to receive promotional e-mails or other communications from us, please refer to the “How you can opt-out from receiving communications from us” Section below;
to quickly process user requests for information and to allow us to respond efficiently to user questions;
to monitor Website statistics;
to respond to or satisfy legal requirements, such as a court order, a subpoena, or a law enforcement agency’s or other public agency’s request;
to help prevent the instigation of a crime, to help facilitate an investigation related to public safety, to help protect the safety of a child using our Website, to help protect the security or integrity of our Website, or to enable us to take precautions against liability;
to provide information to service providers or such companies who provide support for the operations of our Website and who do not use or disclose the information for any other purpose;
to administer a contest or other promotion, survey or other features; and
to allow us to disclose your information to the extent permitted by law.
3. How your information may be shared:
Except as set forth below, we do not sell, trade, or otherwise transfer to third parties our users’ PI unless we receive their consent. That being said, in the following situations, we may share PI with outside parties:
Affiliates and Sponsors. In connection with our content and advertisements, which you would only receive after opting-in, our Affiliates and/or Sponsors may collect Personal Information. Please visit their respective privacy policies for more information regarding their data collection and use practices.
Subsidiaries, Website Consultants and Service Providers. We may disclose Personal Information to our subsidiaries, third party consultants and service providers (such as providers of hosting, support, returns, maintenance, third party payment processing agencies, and remedial and repair services) to the extent that they require access to our databases, or the information contained in our databases, to service us and the Website;
Enforcement of Rights/Security. We reserve the right to release Personal Information (i) when we are under legal compulsion to do so (e.g. we have received a subpoena) or we otherwise believe that the law requires us to do so, (ii) when we believe it is necessary to protect and/or enforce the rights, property interests, or our safety, the safety of our users, or the safety of others, or (iii) as we deem necessary to resolve disputes, troubleshoot problems, prevent fraud and otherwise enforce the Privacy Policy and other Website user agreements;
Reorganization or Sale. In the event that we merge with or become a part of another organization, or in the event that we are sold, we sell all or substantially all of our assets, or we are otherwise reorganized, the information you provide will be one of the transferred assets to the acquiring or reorganized entity;
To Help Protect Minor Users of Our Website. In the event that the safety of our users is threatened, and we are able to do something about that by sharing PI with third parties, we reserve the right to do so. This may be done to prevent the instigation of a crime, to help facilitate an investigation related to public safety, to help protect the safety of a child using our Website, to help protect the security or integrity of our Website, or to enable us to take precautions against liability;
As Otherwise Allowed by Law. We may transfer Personal Information to third parties where we are expressly authorized by applicable law to do so;
Aggregated Information. We may aggregate information that you provide with information provided by other individuals in such a manner that the information is not personally identifiable to you, and we may transfer that aggregated information to third parties;
We may make available services such as blogs, message boards and chat functionality to which you are able to post information and materials. Please note that any information you disclose through such services or otherwise on the Website becomes public information, and may be available to visitors to the Website and to the general public. In addition, when you choose to make a posting on such services certain Personal Information will be available for other users to view. We urge you to exercise discretion and caution when deciding to disclose Personal Information about you, or any other information, on the Website. WE ARE NOT RESPONSIBLE FOR THE USE BY ANY THIRD-PARTY OF ANY PERSONAL INFORMATION YOU VOLUNTARILY DISCLOSE THROUGH ANY SUCH SERVICES OR OTHERWISE ON THE WEBSITE; and
With your express consent.
4. How we store and process information about you:
This Website is hosted in the United States. In order to communicate with you about content, the information that we collect from you may be transferred to, stored, used and processed by Spotlyte in the United States or one of our service providers based in the United States or outside of the United States. Such entities may be engaged in, among other things: (i) preparing and sending newsletters to which you subscribe; (ii) the processing of payment details; and (iii) the provision of support services.
If you are visiting from the European Union or other regions with laws governing information collection and use that may differ from United States law, please note that you are transferring your Personal Information to the United States. The laws of some countries may not provide the same levels of protection of Personal Information as your home country, particularly if you are resident in the European Union. By submitting information, you agree to the collection, transfer, storage, use and processing of information about you for the purposes described in this Privacy Policy. When you provide Personal Information to us or our service providers or vendors, you consent to the processing of your information in the United States as the Website is operated in the United States. We will take reasonable steps to ensure that information about you is treated securely in accordance with this Privacy Policy, and that all information you provide to us is stored on our secure servers or those of our service providers.
You acknowledge that the laws of the united states treat your information in a manner that may be substantially different from, and less protective than, the treatment required under the laws of other countries and jurisdictions. If you do not want your information transferred to the united states, you should not share your information with us, or make use of this website.
To the extent allowed by the law of the country in which you are located, you expressly waive any right you may have to require us to treat your identifying information in accordance with the laws of any country or jurisdiction other than the united states. However, the foregoing waiver may not be legally binding in some countries, such as the member states of the European Union. To the extent it is not legally binding in the country in which you are located, this foregoing waiver does not apply to you.
5. When and how we communicate with you:
You may unsubscribe from promotional emails and other commercial communications by following the instructions contained within the communication or emailing us at: Support@spotlytepark.com. Please note that due to marketing production schedules you may receive messages already in production.
6. How long we will hold Personal Information about you
We will hold Personal Information about you on our systems for as long as is necessary for the relevant service, subject to any applicable laws and/or regulations. In the case that you wish to cancel your registration as a member of the Website once an account is deleted, we will not use the Personal Information about you other than for administrative purposes.
7. How you can opt-out from receiving communications from us:
At any time you can add or remove your name from a Spotlyte list by contacting us at Support@spotlytepark.com.
We will endeavor to comply with your request as soon as reasonably practicable. Please keep in mind that if you opt-out of receiving promotional messages from this Website, we will continue to send you transactional messages and important account-related information regarding this Website or content or services offered through this Website.
8. Cookies and our Analysis Tools
We may use cookies, log files, clear gifs, and/or similar devices to identify you, to keep track of the user’s interactions with the Website, and to and enhance certain activities available on the Website. These devices are small text or other electronic files that are used for user-identification purposes, record-keeping purposes, and to increase the ease of use of the Website. We may use persistent or not-persistent cookies. Users can remove or reject persistent cookies by following the directions provided in their Internet browser’s “help” file. If a user removes a persistent cookie or rejects persistent cookies, the functionality of the Website, or any part thereof, may be impaired or unavailable.
9. Information over the Internet and other Websites
The Internet is a global network and, therefore, there are times when information about you travels globally and may not always be completely secure. If you provide us with information over the Internet, this will be at your own risk. By using the Website, you agree and authorize us to process information in this way. However, please be assured that we use commercially reasonable procedures and security features to prevent unauthorized access to information about you.
10. Legal disclaimer
We are not responsible nor will be liable to you in any way for events beyond our direct control. Because of the complex and constantly changing nature of our technology and business, we cannot guarantee nor do we represent that our performance will be error free, and to the maximum extent permitted by law we will not be liable for any direct, indirect, incidental, consequential or punitive damages or other loss suffered by you and relating to the use or release of your Personal Information.
YOUR CALIFORNIA PRIVACY RIGHTS
Shine the Light Law
A California privacy law that went into effect on January 1, 2005, the “Shine the Light” law, allows California residents to obtain a list of third parties to whom a business has disclosed personal information if it shares such information with third parties for their direct marketing purposes. However, if a business adopts and discloses in its privacy policy a policy of not disclosing customers’ personal information to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of personal information and by providing a cost-free means to exercise that right.
As stated earlier in this Privacy Policy, Personal Information submitted at the time of registration or submission may be used for marketing and promotional purposes only with the user’s permission. Whenever a user agrees to allow us to collect Personal Information, we provide the user with an option to prevent such information from being shared for marketing and promotional purposes with third parties. Furthermore, you may exercise this cost-free option at any time by sending an email to Support@spotlytepark.com.
Because the Website has a comprehensive privacy policy and provides you with details on how you may opt-in or opt-out of the use of your Personal Information by third parties for direct marketing purposes, we are not required to provide you with the third-party list.
California Consumer Privacy Act (the “CCPA”)
Spotlyte’s California Specific Privacy Notice can be accessed here.
11. How to contact us:
We welcome your questions, comments and concerns about privacy. Please contact us at Support@spotlytepark.com with any questions or comments you may have regarding the privacy of your information.
Copyright © 2021 Spotlyte Parking LLC. All Rights Reserved.
Spotlyte’s California Specific Privacy Notice
1. INTRODUCTION
Spotlyte informs users of the location and potential availability of certain parking spots and facilitates reservations by collecting fees (“Reservations”) on behalf of the parking spot licensors (“Licensors”). This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS (“California Specific Privacy Notice”) together with our Terms of Use, available on the website at Spotlytepark.com supplements the information contained in the Privacy Policy of Spotlyte Parking LLC (“Spotlyte,” “we”, “us” or “our”) and our affiliate websites, subdomains, mobile versions and any associated applications (collectively, the “Website”). This California Specific Privacy Notice shall govern Spotlyte’s data collection and usage regarding California residents, including but not limited to, offline and online.
Any terms defined in the California Consumer Privacy Act (“CCPA”) have the same meaning when used in this California Specific Privacy Notice. California residents with disabilities may access this notice in an alternative format by emailing us at: Support@spotlytepark.com. Spotlyte will continue to revise our California Specific Privacy Notice to reflect the development of the CCPA and our understanding as to how it relates to our data practices.
2. USE OF THE SITE BY MINORS
You must be the age of Majority or older (18 in most states of the United States; older in some jurisdictions) to become a member of the Website. While individuals under the age of 18 (but not younger than 13) may utilize the Website, they must do so only with the consent and involvement of a parent or legal guardian, under such persons account and otherwise subject to our Terms and Conditions. Spotlyte does not seek through this Website to gather personal information from or about persons under the age of 13. If we become aware that you are under the age of Majority and are attempting to or have submitted personal information via the Website, we will not accept such information and we will take steps to remove such information from our records. This may involve us having to access and verify your age and other relevant details.
3. INFORMATION WE MAY COLLECT FROM YOU
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“Personal Information”). In particular, we have collected the following categories of Personal Information from consumers within the last twelve (12) months:
Category Examples Collected
A. Identifiers. A real name, alias, postal address, email address, unique personal or online identifier,
IP address, account name, Social Security number driver’s license number, passport number, date of birth or other similar identifiers.
YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some Personal Information included in this category may overlap with other categories.
YES
C. Protected classification characteristics under California or federal law.
Age, race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
YES
D. Commercial information.
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
YES
E. Biometric information.
Physiological, behavioral and biological characteristics, including DNA, that can be used, singly or in combination with each other or with other identifying data, to establish individual identity or other identifier or identifying information, such as, fingerprints, or and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
YES
F. Internet or other network activity.
Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.
YES
G. Geolocation data.
Physical location.
YES
H. Sensory data.
Audio, electronic, visual, thermal, olfactory, or similar information.
NO
I. Professional or employment-related information.
Current or past job history or performance evaluations.
YES
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information or student disciplinary records.
YES
K. Inferences drawn from other Personal Information.
Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
NO
4. WE OBTAIN THE CATEGORIES OF PERSONAL INFORMATION LISTED ABOVE FROM THE FOLLOWING CATEGORIES OF SOURCES:
When you register with us, we may ask for information such as your first name, last name, phone number and email address. We also acquire your Internet protocol address and/or mobile device identification, which certain jurisdictions consider to be PI because it could be used to identify an individual or device if it were combined with other identifying information.
SMS Messaging. If you grant us permission, we may use your mobile phone number or similar contact information to send text message(s). We will only use your phone number and/or contact information to facilitate your Reservations. Separate rates may apply from your carrier.
We may capture user information when users send us questions or comments via e-mail. Information collected in this manner will only be used to contact the user and/or respond to the user’s inquiry/issue. Sending us an e-mail will not enroll you on our e-mail list unless you specifically request it.
For Reservations made through the Website, a third-party payment processor will collect your full name, email address, postal address, contact details and credit or debit card information (“Billing Information”). This record will be stored and processed in the United States and other countries (see further below under “How we use information about you” and “How we store and process information about you”). By making a Reservation, you grant to us and to all other persons and entities involved in the operation of the Website, the right to use, store, monitor, retrieve and transmit your account information in connection with the operation of the Website and as otherwise provided herein. You also agree that such access and use of your Personal Information is governed by their privacy policies. We are not responsible or liable for the content, activities or privacy policies of any third-party sites. Accordingly, please refer to their respective privacy policies.
We do not request on or through the Website other information that is often considered “highly sensitive,” such as other financial account information (e.g., credit report information, bank account numbers), personal health information, or government issued identification (e.g., your social security card, drivers’ license, or passport), although we reserve the right to do so when such information is necessary to verify your Billing Information.
We take reasonable precautions to protect the confidentiality and security of your Personal Information by using industry recognized security safeguards such as site monitoring, secured networks and servers, firewalls and/or encryption. When you enter PI, we encrypt the transmission of that information or use SSL connections (Secure Socket Layer) technology. Your credit card information is always encrypted during transfer over networks. Unfortunately, no method of transmission over the Internet is completely secure. Therefore, while we strive to protect your Personal Information within industry standards, we cannot guarantee its absolute security.
We may also obtain your Personal Information through your use of social media depending on your settings or the privacy policies of these websites. To change your settings on these services, please refer to their respective privacy notices.
Note, if you do not provide the mandatory Personal Information for a particular activity, we may not be able to offer the required information for you to engage in that activity.
5. HOW WE USE THE INFORMATION WE COLLECT
If you elect to provide Spotlyte with Personal Information, we may use it as needed to provide services to you. These uses are based in our legitimate business interests in providing services to you and/or fulfillment of our contractual obligation to deliver the services you have requested. We have balanced these business needs carefully with your privacy rights and these uses do not improperly infringe on your privacy and confidentiality rights. We may use your Personal Information in the following ways:
to contact users with updates and relevant information about their Reservations because they have signed up to do so through our Website.
to provide users with personalized offers, promotions, news, events and other relevant information. Such direct marketing shall be sent in response to a request from a user to receive newsletters, marketing emails or similar communications, or when a user has purchased content or expressed interest in such content or services. If you would no longer like to receive promotional e-mails or other communications from us, please refer to the “How you can opt-out from receiving communications from us” Section below;
to quickly process user requests for information and to allow us to respond efficiently to user questions;
to monitor Website statistics;
to respond to or satisfy legal requirements, such as a court order, a subpoena, or a law enforcement agency’s or other public agency’s request;
to help prevent the instigation of a crime, to help facilitate an investigation related to public safety, to help protect the safety of a child using our Website, to help protect the security or integrity of our Website, or to enable us to take precautions against liability;
to provide information to service providers or such companies who provide support for the operations of our Website and who do not use or disclose the information for any other purpose;
to administer a contest or other promotion, survey or other features; and
to allow us to disclose your information to the extent permitted by law.
6. HOW WE SHARE INFORMATION
Affiliates and Sponsors. In connection with our content and advertisements, which you would only receive after opting-in, our Affiliates and/or Sponsors may collect Personal Information. Please visit their respective privacy policies for more information regarding their data collection and use practices.
Subsidiaries, Website Consultants and Service Providers. We may disclose Personal Information to our subsidiaries, third party consultants and service providers (such as providers of hosting, support, returns, maintenance, third party payment processing agencies, and remedial and repair services) to the extent that they require access to our databases, or the information contained in our databases, to service us and the Website;
Enforcement of Rights/Security. We reserve the right to release Personal Information (i) when we are under legal compulsion to do so (e.g. we have received a subpoena) or we otherwise believe that the law requires us to do so, (ii) when we believe it is necessary to protect and/or enforce the rights, property interests, or our safety, the safety of our users, or the safety of others, or (iii) as we deem necessary to resolve disputes, troubleshoot problems, prevent fraud and otherwise enforce the Privacy Policy and other Website user agreements;
Reorganization or Sale. In the event that we merge with or become a part of another organization, or in the event that we are sold, we sell all or substantially all of our assets, or we are otherwise reorganized, the information you provide will be one of the transferred assets to the acquiring or reorganized entity;
To Help Protect Minor Users of Our Website. In the event that the safety of our users is threatened, and we are able to do something about that by sharing PI with third parties, we reserve the right to do so. This may be done to prevent the instigation of a crime, to help facilitate an investigation related to public safety, to help protect the safety of a child using our Website, to help protect the security or integrity of our Website, or to enable us to take precautions against liability;
As Otherwise Allowed by Law. We may transfer Personal Information to third parties where we are expressly authorized by applicable law to do so;
Aggregated Information. We may aggregate information that you provide with information provided by other individuals in such a manner that the information is not personally identifiable to you, and we may transfer that aggregated information to third parties;
We may make available services such as blogs, message boards and chat functionality to which you are able to post information and materials. Please note that any information you disclose through such services or otherwise on the Website becomes public information, and may be available to visitors to the Website and to the general public. In addition, when you choose to make a posting on such services certain Personal Information will be available for other users to view. We urge you to exercise discretion and caution when deciding to disclose Personal Information about you, or any other information, on the Website. WE ARE NOT RESPONSIBLE FOR THE USE BY ANY THIRD-PARTY OF ANY PERSONAL INFORMATION YOU VOLUNTARILY DISCLOSE THROUGH ANY SUCH SERVICES OR OTHERWISE ON THE WEBSITE; and
With your express consent.
7. YOUR RIGHT TO ACCESS TO SPECIFIC INFORMATION AND DATA PORTABILITY RIGHTS
You have the right to request that we disclose certain information about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
a. The categories of Personal Information we collected about you.
b. The categories of sources for the Personal Information we collected about you.
c. Our business or commercial purpose for collecting or selling that Personal Information.
d. The categories of third parties with whom we share that Personal Information.
e. The specific pieces of Personal Information we collected about you (also called a data portability request).
f. If we sold or disclosed your Personal Information for a business purpose, a separate list disclosing:
i. sales, identifying the Personal Information categories that each category of recipient purchased; and
ii. disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.
1. Please note that we do not sell your Personal Information.
8. DELETION REQUEST RIGHTS
You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.
You may object to Spotlyte using your Personal Information for the above purposes at any time by emailing us at: Support@spotlytepark.com. If you do so, Spotlyte will cease using your Personal Information for the above purposes (i.e., under a legitimate interest set out above) and remove it from its systems unless such Personal Information is permitted to be used by Spotlyte for another purpose set out in this California Specific Privacy Notice or Spotlyte determines and demonstrates a compelling legitimate interest to continue in processing your Personal Information.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
a. Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
b. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
c. Debug products to identify and repair errors that impair existing intended functionality.
d. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
e. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
f. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
g. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
h. Comply with a legal obligation.
i. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
9. EXERCISING ACCESS, DATA PORTABILITY AND DELETION RIGHTS
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by emailing contacting Support@spotlytepark.com.
Regarding our marketing materials, you may also withdraw your consent at any time by clicking on the “unsubscribe” link at the bottom of each email or by emailing Support@spotlytepark.com. If an individual withdraws their consent to receiving marketing emails, we will still be able to send them essential service communications that are necessary for the performance of our services.
10. AUTHORIZED AGENTS
Only you or a person registered with the California Secretary of State that you authorize to act on your behalf may make a verifiable consumer request related to your Personal Information if you provide the authorized agent written permission signed by you or pursuant to a valid Power of Attorney. You may also make a verifiable consumer request on behalf of your minor child. When you use an authorized agent to submit a request, we may require you to:
a. Provide the authorized agent signed permission to do so.
b. Verify their own identity directly with the business.
c. Directly confirm with the business that they provided the authorized agent permission to submit the request.
11. VERIFIABLE CONSUMER REQUESTS
The verifiable consumer request must:
a. Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative (such as your name and email address).
b. Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. We will only use Personal Information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period.
12. RESPONSE TIMING AND FORMAT
We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
13. SALE OF PERSONAL INFORMATION
We do not sell Personal Information.
14. NON-DISCRIMINATION
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
a. Deny your services.
b. Charge you different prices or rates for services, including through granting discounts or other benefits, or imposing penalties.
c. Provide you a different level or quality of services.
d. Suggest that you may receive a different price or rate for services or a different level or quality of services.
15. CHANGES TO THIS CALIFORNIA SPECIFIC PRIVACY NOTICE
We may, in our sole discretion, modify or revise this California Specific Privacy Notice at any time. Such changes or updates are effective immediately after we give notice of the change or update, which we may do so by revising the Last Revised date at the top of the California Specific Privacy Notice or by otherwise posting on the Website, by email, conventional mail and/or by any other means that provides reasonable notice. If you are subscribed to one of our mailings, you must provide us with your correct email address and make sure that email from us is not filtered from your inbox by your ISP or email software. You agree that your use of the Website, after the date such notice is posted, means that you accept and agree to be bound by such modifications or revisions to the California Specific Privacy Notice. You agree that we shall not be liable to you for any damages that might result from any changes to this California Specific Privacy Notice, if any.
16. CONTACT US
Questions, comments, and requests regarding this Privacy Notice are welcomed and should be addressed to Support@spotlytepark.com.
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