Terms of Service

Last revised: June 24, 2026

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION THAT AFFECTS YOUR RIGHTS, REMEDIES, AND OBLIGATIONS. THEY INCLUDE AN AGREEMENT TO ARBITRATE (UNLESS YOU OPT OUT). THESE TERMS ALSO INCLUDE A PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF FOR ALL MATTERS IN EITHER COURT OR ARBITRATION, VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION, VENUE, AND GOVERNING LAW OF DISPUTES, EXCEPT WHERE PROHIBITED, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

Introduction

Spot Damn, LLC (“Spot Damn”, “we”, or “us”), provides an online car sharing platform that connects parking spot owners with travelers and locals seeking to book those parking spots. The Spot Damn car sharing platform is accessible online including at wwwSpotDamn.com and as an application for mobile devices. The Spot Damn websites, blog, mobile applications, and associated services are collectively referred to as “the Services”. By accessing or using the Services, including by communicating with us or other Spot Damn users, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (these “Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services and constitute a binding legal agreement between you and Spot Damn.

These Terms, together with the cancellation policy, nondiscrimination policy, applicable insurance terms and certificates, roadside assistance terms, the additional policies, and all the policies referred to and/or linked herein (together, the “Policies”) constitute the “Agreement” between you and Spot Damn (each a “Party” and together, “the Parties”). In addition, Spot Damn provides a Car Sharing Agreement that summarizes the terms of each reservation agreed between the host and guest at the time of booking and any modification, accessible in the Services for any booked or previous trips and you may use it as proof of a reservation. Spot Damn acts as the intermediary for the transactions between the traveler or guest that books a parking spot on the Services (“guest”) and the parking spot owner or host that lists a parking spot for booking on the Services (“host”).

Modification. Spot Damn reserves the right, at our sole discretion, to modify the Services or to modify the Agreement, including these Terms, at any time. If we modify these Terms, we will post the modification on the Services. We will also update the “Last Revised” date at the top of these Terms. If you continue to access or use the Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified terms. If the modified terms are not acceptable to you, your sole recourse is to stop using and accessing the Services and close your Spot Damn Account within 30 days. If you choose to close your Spot Damn Account, the previous effective version of these Terms will apply to you, unless you use the Services during the intervening 30 day period, in which case the new version of these Terms will apply to you.

Eligibility, registration, verification

Eligibility

The Services are intended solely for guests who meet our eligibility requirements in the location where the parking space is booked and hosts who are 21 or older. Any use of the Services by anyone that does not meet these eligibility requirements is expressly prohibited.

Registration

To access certain features of the Services, you must sign up for an account with us (a “Spot Damn Account”). You can create a Spot Damn Account by providing us your first and last name, email address, mobile phone number, and creating a password or connecting through an account with a third-party site or service (including Apple and Google). When you book a parking spot as a guest, you provide us with certain additional information about yourself. Similarly, when you list a parking spot as a host, you provide us with certain additional information about yourself and your parking spot(s) (if applicable). You must provide accurate, current, and complete information during the registration, booking, and/or listing process. You must keep your Spot Damn Account up to date at all times. Based on information you provide, Spot Damn may impose additional requirements for you to book a trip or prior to a trip starting (e.g., providing a deposit, authorizing your payment method, adding a second form of payment, buying a certain level of protection or earnings plan, or other requirements).

Verification

Where permitted, Spot Damn has the right, but not the obligation, to undertake screenings, checks, and engage in processes designed to (1) help verify the identities or check the backgrounds of users, including driver’s license validity and (2) verify parking spot details. Spot Damn does not endorse any user, or a user’s background, or commit to undertake any specific screening process. Spot Damn may in its sole discretion use third-party services to verify the information you provide to us and to obtain additional related information and corrections where applicable, and you hereby authorize Spot Damn to request, receive, use, and store such information. Spot Damn may permit or refuse your request to book or list a parking spot in its sole and absolute discretion. Spot Damn may, but does not commit to, undertake efforts to ensure the safety of parking spot shared through the Services. We do not make any representations about, confirm, or endorse the safety, roadworthiness, or legal status of any parking spots shared via the Services. Rather, hosts have sole responsibility to ensure their parking spots are in safe and operable condition, legally registered to be driven on public roads, have a clean title (e.g., non-salvaged/non-branded/non-washed/non-written off), not subject to any applicable safety recalls, and otherwise satisfy our parking spot eligibility requirements.

Consumer report authorization. When you attempt to book or list a parking spot, or at any time after where Spot Damn reasonably believes there may be an increased level of risk associated with your Spot Damn Account, you hereby provide Spot Damn with written instructions and authorize Spot Damn, in accordance with the Fair Credit Reporting Act, applicable consumer reporting laws, or any similar laws to obtain your personal and/or business auto insurance score, credit report, and/or conduct a background check, including a criminal background check where permissible under applicable law.

Fees, taxes

Fees

The fees we charge for using the Services and other cost structures will be itemized at checkout for guests. You can verify the amount for your trip at checkout before you submit your trip request. Hosts can view earnings on the Host Hub and learn more about earnings breakdown here. When you provide Spot Damn a payment method, you authorize Spot Damn, or third-party service providers acting on behalf of Spot Damn, to store your payment credential for future use in the event you owe Spot Damn any money. You authorize Spot Damn to use stored payment credentials for balances, including for Trip costs, guest fees (e.g., late fees, security deposits, card authorizations, processing fees and claims costs, and related administrative fees). In some cases, our payment processors have arrangements with card networks to automatically update stored payment credentials whenever you receive a new card (e.g., replacing an expired card or one that was reported lost or stolen) and we will rely on such updates to stored payment credentials for balances. If we attempt to issue a refund and the original payment method is no longer on file or otherwise inaccessible, we reserve the right to issue travel credit in lieu of refunding to your original payment method. Any use of travel credit is governed by the terms and conditions outlined here. Spot Damn may offer promotional codes from time to time which are subject to the terms of the offer and the conditions outlined here.

Collection of fees

Spot Damn and its service providers will employ all legal methods available to collect amounts due, including the engagement of collection agencies or legal counsel. Spot Damn, or the collection agencies we retain, may also report information about your Spot Damn Account to credit bureaus. As a result, late payments, missed payments, or other defaults on your Spot Damn Account may be reflected in your credit report. In addition to the amount due, delinquent accounts or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts or chargebacks including, but not limited to, collection fees, convenience fees, and/or other third party charges. If you wish to dispute the information Spot Damn reported to a credit bureau (i.e., Experian, Equifax, or TransUnion), please contact Spot Damn.com/help. If you wish to dispute the information a collection agency reported to a credit bureau regarding your Spot Damn Account, you must contact the collection agency directly.

Taxes

In certain jurisdictions, Spot Damn may enable the collection and remittance of certain taxes from or on behalf of guests or hosts (including, if applicable, Co-hosts), based on existing and future tax regulations, including marketplace facilitator or car sharing regulations. The amount of taxes, if any, collected and remitted by Spot Damn will be visible to, and separately stated, to both guests and hosts (including, if applicable Co-hosts) on their respective trip related documents and invoices. Where Spot Damn is facilitating the collection and remittance of taxes, hosts are not permitted to collect the same taxes on the Services in relation to their parking spot sharing in that jurisdiction. EU Council Directive 2021/514 (DAC7), Reporting Rules for Digital Platforms in Canada, and Sharing Economy Reporting Regime (SERR) in Australia require Spot Damn to report unadjusted gross sales of hosts (what we call "gross earnings"), defined as transactions without adjustments for credits, service fees, reimbursements, or any other amounts. This is an annual reporting obligation (semi-annual in Australia) and Spot Damn will share your data for all income and information for the previous reporting period. For any tax documentation Spot Damn must provide hosts, you consent to electronic delivery.

Your commitments

You agree that you will always use your Spot Damn Account and the Services in compliance with these Terms, applicable law, and any other policies and standards provided to you by Spot Damn.

Account Activity. You are, and will be solely responsible for, all activity that occurs through your Spot Damn Account. Keep your Spot Damn Account information, including your password, secure. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Spot Damn Account, whether you have authorized such activities or actions. You will immediately notify Spot Damn of any actual or suspected unauthorized use of your Spot Damn Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your Spot Damn Account unless you have reported unauthorized access to us.

Content

Spot Damn Content and User Content License. Subject to your compliance with the provisions of these Terms, Spot Damn grants you a limited, revocable, non-exclusive, non-transferable license, to access and view any Spot Damn and/or user content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Spot Damn or its licensors, except for the licenses and rights expressly granted in these Terms.

User Content. We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content through the Services such as photographs of you and your parking spot(s), reviews, feedback, and descriptions of you, your parking spot, or trip. By making available any content on or through the Services, or through Spot Damn promotional campaigns, you grant Spot Damn a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of, or to promote or market the Services. Except as described above with respect to Spot Damn photography provided to hosts, Spot Damn does not claim any ownership rights in any such content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such content.

Copyright Protection. We respond to notices of alleged copyright infringement and terminate Spot Damn Accounts of repeat infringers according to the process set out in the US Digital Millennium Copyright Act and similar laws. If you think a user is violating your copyright(s) and want to notify us, you can find information about submitting notices by emailing us.

Google terms. Some areas of the Services implement Google Maps/Places mapping services, including Google Places API. In addition, to fight spam and abuse of the Services, Spot Damn has implemented reCAPTCHA Enterprise, a Google service. By using the Services, you are bound by Google's Terms of Service.

Prohibited activities

In connection with your use of or access to the Services, you agree that you will not, nor advocate, encourage, request, or assist any third party to:

Violate any law, including:

Breach, violate, and/or circumvent any local, state, provincial/territorial, regional, or national law or other law or regulation, or any order of a court, including, without limitation, airport regulations and tax regulations, licensing or registration requirements, or third-party rights
Post false, inaccurate, misleading, defamatory, or libelous content
Infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to Spot Damn, or that comes from the Services and belongs to another Spot Damn user or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property, privacy, publicity, moral, or contractual rights, except with prior express written permission of Spot Damn

Dilute, tarnish, or otherwise harm the Spot Damn brand:

Through unauthorized use of the Services and/or user content
By registering and/or using "Spot Damn" or derivative terms in domain names, trade names, trademarks, or otherwise
By registering and/or using domain names, trade names, trademarks, social media account names, or other means of identification that closely imitate or are confusingly similar to Spot Damn domains, trademarks, taglines, promotional campaigns, or Spot Damn and/or user content

Provide or submit any false or misleading information, including:

False name, date of birth, driver’s license details, payment method, insurance, or other personal information
In relation to a claim (for example about damage to a parking spot)
By registering for a Spot Damn Account on behalf of an individual other than yourself or the company you represent
Impersonating any person or entity, or falsifying or otherwise misrepresenting yourself or your affiliation with any person or entity

Fail to honor your commitments, including:

Fail to pay fees, penalties, or other amounts owed to Spot Damn or another user
Fail, as either a guest or host, to timely deliver, make available, or return any parking spot and optional Extras, unless you have a valid reason
Use the Services to find a host or guest, and then complete a transaction partially or wholly independent of the Services, for any reason including but not limited to circumventing the obligation to pay any fees related to the provision of the Services by Spot Damn (aka, gray market transactions, which do not necessarily require the exchange of money)
Transfer your Spot Damn Account and/or user ID to another party without our consent
Leave a parking spot unlocked or running with the keys inside, except where instructed to do so directly by Spot Damn in certain limited circumstances

Harm or threaten to harm users of our community, including:

Harass, stalk, or defame any other Spot Damn user or collect or store any personally identifiable information about any other user other than for purposes of transacting as a host or guest in accordance with these Terms
Engage in physically or verbally abusive or threatening conduct
Use the Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, payment method details, or account numbers
Treat anyone differently based on the way they look, who they love, what they believe, how they self-identify, where they are from, or when they were born. Discrimination of any kind is not tolerated in the Spot Damn community
Sue or assert legal claims against Spot Damn or a Spot Damn user in any manner prohibited or waived by these Terms

Use the Services for your own unrelated purposes, including to:

Contact another Spot Damn user for any purpose other than in relation to a booking, parking spot, listing, or the use of the Services by such user
Commercialize any content found on the Services or software associated with the Services, including reviews
Harvest or otherwise collect information about users without their and our consent, including but not limited to conducting background checks
Recruit or otherwise solicit any user to join third-party services or websites that are competitive to Spot Damn, without our prior written approval

Interfere with the operation of the Services, including by:

Interfering with any other user’s listings
Using the Services in connection with the distribution or posting of unsolicited commercial messages (e.g., spam)
Distributing viruses or any other technologies such as cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or e-mail address information, or similar methods or technology that may disrupt or interfere with the operation or provision of the Services, or harm Spot Damn or the interests or property of others
Bypassing robot exclusion headers, interfering with the working of the Services, or imposing an unreasonable or disproportionately large load on our infrastructure
Systematically retrieving data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, directory, or the like, whether by manual methods, or through the use of bots, crawlers, spiders, or otherwise
Using, displaying, mirroring, or framing the Services or any individual element within the Services, the Spot Damn name, any Spot Damn trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Services, without the express written consent of Spot Damn
Accessing, tampering with, or using non-public areas of the Services, our computer systems, or the technical delivery systems of our service providers
Attempting to probe, scan, or test the vulnerability of any of our system or network or breach any security or authentication measures
Avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise circumventing any technological measure implemented by Spot Damn or any of our service providers or any other third party (including another user) to protect the Services
Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way using the Services to send altered, deceptive, or false source-identifying information
Attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services
Endeavoring to circumvent a suspension, termination, or closure of your Spot Damn Account or the account of another Spot Damn user, including, but not limited to, creating a new Spot Damn Account or listing parking spots affiliated with or registered to a Spot Damn Account holder that has been suspended, terminated, or closed

Other legal matters

Violations. Spot Damn has the right, but not the obligation, to investigate, pursue, and seek to prosecute, litigate, or refer to law enforcement, violations of the Agreement to the fullest extent permissible by the law.

Spot Damn reserves the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to any content that Spot Damn, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Services or our community. If we believe you are abusing Spot Damn, our users, or any other person in any way or violating the letter or spirit of any of these Terms, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your Spot Damn Account and access to the Services, remove hosted content, deny a damage claim, remove or demote your listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using the Services. If your listings are priced artificially high compared to similar parking spots in the market area and/or priced unreasonably more than the recommended price provided by Spot Damn; or, in France, if you have a higher cancellation rate than permitted under our policy, we reserve the right to restrict the listing or remove you from the Services. Additionally, we reserve the right to refuse or terminate access to the Services to anyone for any reason at our discretion to the full extent permitted under applicable law.

Policy enforcement. When an issue arises, we may consider the user’s performance history and the specific circumstances in applying our Policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing, subject to our sole and absolute discretion.

Communications with you. You agree that Spot Damn may contact you by electronic means (e.g., electronic mail; notifications via Spot Damn messaging; app notification) in lieu of any requirement for mailed notices. To contact you more efficiently, you agree that we may at times also contact you using autodialed or prerecorded message calls or text messages at your phone number(s). We will not place such calls for marketing purposes. Rather, we may only place such calls or texts to confirm your signup, provide notices regarding your Spot Damn Account or Spot Damn Account activity, investigate or prevent fraud, collect a debt owed to us or recover unpaid invoices, or communicate urgent messages. We may share your phone number(s) with service providers with whom we contract to assist us in pursuing these interests. We will not share your phone number(s) with third parties for their own purposes without your consent. You can cancel your SMS or text opt-in preference at any time by replying with “STOP”. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance. As always, standard telephone minute and text and data charges may apply. Carriers are not liable for delayed or undelivered messages. Message frequency may vary. If you have any questions regarding privacy, please read our privacy policy. Where Spot Damn is required to obtain your consent for such communications, you may choose to revoke your consent. You agree that Spot Damn may contact you on any day, at any time of day, and in relation with the above purposes.

You authorize Spot Damn and our service providers, without further notice, to monitor or record telephone conversations or web chat interactions you have, or anyone acting on your behalf has, with Spot Damn or its agents for quality control, training, or other purposes. You understand and agree that your communications with Spot Damn may be overheard, monitored, or recorded. If you do not wish to have your call recorded, please contact us instead in writing through Spot Damn.com/help. If you do not wish to have your chat activity recorded or monitored, please do not use the chat function on the Services.

Insurance; and protection and earnings plans. Spot Damn is not an insurance company and does not insure hosts or guests. Host earnings plans (including host protection plans in France) and guest protection plans made available through the Services are in no way related. To be eligible for the benefits of a protection or earnings plan, hosts and guests must comply with these Terms. Protection plans and earnings plans are available through the Services only in the United States, the United Kingdom, Canada (excluding Manitoba, Nunavut, the Northwest Territories, and Saskatchewan), France, and Australia. Please refer to the specific terms for guests and specific terms for hosts sections below for additional information based on the nature of your use of the Services.

Specific terms for guests

The following sections also apply if you book a parking spot using the Services:

Guest commitments

As a guest, you commit that you will be a legally licensed driver and provide proof to the host or via the Services of a current, valid driver’s license. You will treat the parking spot and any applicable Extras well and will take all reasonable measures to return the parking spot and any applicable Extras on time and in essentially the same condition as received. You will not allow anyone other than a person listed in the trip details as an Approved Driver to drive the parking spot you booked.

No right of withdrawal

For guests who are residents of the European Economic Area or the United Kingdom, there is no right of withdrawal in relation to a transaction you make on the Services as this right does not apply to the booking of transport or other services provided for at a specific date. Your only rights are described in the cancellation policy. However, guests have the right to modify any protection plan selected for a trip prior to the start of the reservation.

Guest financial responsibility for physical damage to the parking spot

The guest that booked the trip (“primary guest”) is financially responsible for all physical damage to or theft of a booked parking spot that occurs during a trip, plus any additional costs and fees resulting from damage of any kind to the parking spot, regardless of who is found to be at fault. This responsibility applies whether the primary guest has their own auto insurance or not.

Primary guests may be insured against damage to the booked parking spot under their own automobile policies. When you book a parking spot on Spot Damn, you agree that if any damage occurs to the booked parking spot during the booked trip, you will work with Spot Damn to make a claim for coverage under any policy of insurance that applies to the loss.

The primary guest can limit the amount they are obligated to pay out of their own pocket in the event there is damage to the booked parking spot during the booked trip by choosing a protection plan on the Services. The limitation on the amount a primary guest may have to pay out of pocket included in any protection plan only applies (1) if the primary guest and any Approved Driver abide by these Terms and (2) to physical damage that is not mechanical or interior damage. The primary guest may change the protection plan selected by navigating to 'modify trip' in any reservation that has not started.

See additional incorporated terms for Guest protection plans in the US, the UK, Canada, France, and Australia.

Auto liability insurance and legal liability protection

Hosts offering a parking spot for sharing on the Services cannot offer you liability insurance. Trips originating in the US, the UK, France, and Canada, include coverage under an automobile liability insurance policy. In the US, the policy is issued to Spot Damn by Travelers Excess and Surplus Lines Company and does not provide a defense or indemnification for any claim asserted by Spot Damn. In the UK, this policy is arranged by Spot Damn broker Lockton Companies LLP and purchased from ERS (Syndicate 218 at Lloyd's) managed by IQUW Syndicate Management Limited (registered number 204851). In France, the policy is arranged by Baloise Assurances Luxembourg S.A. (RCS Luxembourg B68065). In the Canadian provinces of Alberta, New Brunswick, Newfoundland and Labrador, Nova Scotia, Ontario, Prince Edward Island, and Quebec, this policy is purchased from Economical Insurance and in British Columbia, Insurance Corporation of British Columbia. Terms and exclusions apply. See additional incorporated terms about insurance in the US, the UK, France, and Canada.

For trips originating in Australia, Spot Damn Australia Pty Ltd (ACN: 659 649 073; AR No.: 1300021) ("Spot Damn Australia") offers protection plans to guests. The plans include legal liability protection provided by Spot Damn Travels Mutual Limited ("the Mutual"). The Mutual is a discretionary mutual providing risk protection products. The Mutual issues and distributes its products via Picnic Licensing Pty Ltd (ACN: 647 642 117; AFSL: 532540). The Mutual is managed by Spot Damn Travels Management Pty Ltd (ACN: 661 462 433; AR No.: 1300020) and the managing agent is Spot Damn Australia. The Mutual provides financial risk products regulated under the Corporations Act 2001 (Cth) and the products are not insurance. For more information about the protection plans, the Mutual, or membership, please visit this page. Guest protection plan details for Australia are also described here.

If the guest has their own personal auto policy, it will be primary over the auto liability insurance or protection provided with each trip, depending on various factors such as applicable laws, where the guest books the parking spot, and/or where the accident or damages occur. If the guest is using the parking spot for professional use, the auto liability insurance or protection provided with each trip will be excess to any other personal or commercial policy.

Use of the parking spot

When you book a parking spot on the Services, you must use the parking spot only for your personal or professional use and not for any commercial purposes (e.g. those that require a commercial driver's license) unless you have express written permission from the Spot Damn Legal Department in advance or as otherwise described here. You may not access a parking spot until the trip start time and you must return the parking spot on time and to the correct location. You must present the host with a current, valid driver’s license. You must exercise reasonable care in your use of the parking spot. You are always required to operate the parking spot safely, and in compliance with all applicable laws, including without limitation, speed limits and prohibitions on impaired or distracted driving. In the event Spot Damn has any concern about your use of a parking spot, Spot Damn may terminate your trip in its discretion at any time and require the return of the parking spot, including recovering the parking spot on behalf of the host. You are required to wear seat belts during the operation of the parking spot and to require that all of your passengers wear seat belts. You are also required to meet any laws or regulations concerning child safety seats and other protections for children. You must not leave the car unlocked or with the keys unsecure (such as in the ignition). You must not engage in any prohibited uses with any parking spot you book through the Services. The prohibited uses list is not meant to be exhaustive. If you have any concerns about your planned use, please contact Spot Damn.com/help. If you misuse a parking spot, you will be fully financially responsible for any related claims, loss, or damage, and your protection plan may be voided. Guests also acknowledge that using a parking spot in a prohibited manner or otherwise breaching the Agreement may lower available liability coverage to legal minimum limits, or nullify coverage, and may furthermore nullify any comprehensive or collision protection and/or protection plan where allowed by applicable law.

Telematics notice and release. Parking spots booked on Spot Damn may have features or an on-board device that may monitor the state of the parking spot from moment to moment, during a trip. The non-personal information collected by the features or on-board device may include, for example, a parking spot’s condition; damage and accident records; performance, operation, and diagnostic data; and information on mileage, acceleration, velocity, fuel consumption, fuel level, tire pressure, odometer, location and direction, and other parking spot information (“Parking spot Data”). Use of the features or on-board device is subject to the terms and conditions posted by the parking spot manufacturer or technology provider, which may include system and service limitations, warranty exclusions, limitations of liability, wireless service provider terms, privacy practices, descriptions of use and sharing of information, and user responsibilities. Unless prohibited by law, you authorize the use or disclosure of or access to the Parking spot Data and you shall inform any Approved Driver and passengers of the terms of this section. You release the host and agree to indemnify, defend and hold harmless host, operator of the features or on-board devices, wireless carrier(s) and other suppliers of components or services and their respective employees, officers, directors and agents from any damage (including incidental and/or consequential damages) to persons (including without limitation you, an Approved Driver, and passengers) or property caused by failure of the features or on-board device to operate properly or otherwise arising from the use of the feature or on-board device by you, an Approved Driver, or passengers.

Condition of the parking spot and optional Extras

You understand that third parties own the parking spots and Extras offered through the Services. Each host is responsible for complying with all legal requirements (including ensuring the parking spot is registered and insured) and maintaining their parking spot(s) in safe and roadworthy condition. Please complete a visual inspection before you begin your use of the parking spot. If you find damage in your initial inspection, you should upload photos of such pre-existing damage at the start of your reservation as described here to ensure you are not held responsible for pre-existing damage. If you find damage on your initial inspection and fail to report it, Spot Damn, third-party administrators, or insurance partners, may assume that the damage occurred during your reservation period. If, after your initial inspection, you believe that the parking spot is not safe to drive, please do not use the parking spot; instead, please contact the Spot Damn team immediately at 1-415-965-4525 in the US, +44 808 164 1454 in the United Kingdom, 888-391-0460 in Canada, +33-1-82-88-10-24 in France, or 1800 959 374 in Australia.

No responsibility for shared parking spots or personal belongings

You acknowledge that Spot Damn is not responsible and shall not be liable for the safety, roadworthiness, or legal status (e.g., whether the parking spot is legally registered or the subject of a stolen parking spot report) of any parking spots shared via the Services. Rather, hosts have sole responsibility to ensure their parking spots are in safe and operable condition, legally registered to be driven on public roads, not subject to a missing or stolen parking spot report, have a clean title (e.g., non-salvaged/non-branded/non-washed/non-written off), not subject to any applicable safety recalls, and otherwise satisfy our parking spot eligibility requirements. You also acknowledge and agree that neither Spot Damn nor hosts are responsible for lost or stolen property left in any parking spot or taken or damaged during a trip.

Incident reporting

You must immediately report any damage to the parking spot you are using to Spot Damn here. In the US, the UK, and Australia, if there has been a collision, you must also make a report to the police. In Canada, if there has been a collision with significant parking spot damage (e.g., more than $2,000), you must also make a report to the police. In France, making a report to the police is not mandatory where the incident only involves parking spot damage and no personal injury, however you must complete an incident report in all cases. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide Spot Damn or third-party claims administrators with a written description of the incident and any other information requested, including identity and insurance information of any parties involved in the incident. You are also required to cooperate in any loss investigation conducted by Spot Damn, third party claims administrators, or insurers. After an incident involving anything more than minor parking spot damage (e.g., small dent or scratch), you may not continue to use the parking spot unless you have the explicit permission of Spot Damn staff. Failure to timely report an incident or cooperate in an investigation may reduce or invalidate any protection plan received via the Services.

Parking spot theft

The following conduct may result in the reporting of the parking spot you have booked as stolen to law enforcement, possibly subjecting you and any other driver to arrest, and civil and/or criminal penalties, and the voiding of your protection plan:

If you fail to return the parking spot you booked at the time and place agreed upon with the host and/or designated in your reservation
If you do not return the parking spot by the end of the reservation period and you have not properly obtained an extension of the reservation through the Services as set forth here or you agreed to pay for your trip over time and the trip is shortened due to a payment method failure and you do not return the parking spot
If the parking spot is returned to any place other than the return location on the reservation or agreed upon with the host. Any damage to, or loss or theft of, a parking spot occurring prior to the host inspecting the parking spot upon return at the end of the reservation is the guest’s responsibility
If you misrepresent facts to the host pertaining to booking, use, or operation of parking spot
If the parking spot’s interior components, and, in France, the mandatory safety equipment, are stolen or damaged, or the parking spot itself is stolen or damaged when the parking spot is left unlocked or running or unattended with the keys not secured during reservation period
If you fail or refuse to communicate in good faith with the host, police, Spot Damn, or other authorities with a full report of any accident or vandalism involving the parking spot or otherwise fail to cooperate in the investigation of any accident or vandalism
If the parking spot is operated by anyone who has given a fictitious name, false address, or a false or invalid driver’s license, whose driver’s license becomes invalid during the reservation period, who has obtained the keys without permission of the host, or who misrepresents or withholds facts to/from the host or Spot Damn material to the booking, use, or operation of parking spot

The primary guest who books the reservation is responsible for any private investigation costs Spot Damn deems necessary to recover a parking spot that is not returned. In addition, a $500 case administration fee will be imposed on the primary guest if Spot Damn and/or the host has to report a parking spot as stolen to law enforcement due to it not being returned.

Repossession. Spot Damn, a hired agent of Spot Damn, or the host may repossess any parking spot booked through the Services without demand, at the guest’s expense, if the parking spot is not returned by the end of the reservation, is found illegally parked, apparently abandoned, or used in violation of applicable law or these Terms.

Missing Parking spots. If a parking spot you have booked through the Services goes missing and/or is stolen during the reservation period (or extension period), you must immediately return the original ignition key to the host, file a police report immediately after discovering the parking spot is missing or stolen, but in no event more than 12 hours after discovering it has gone missing, and cooperate fully with the host, law enforcement, Spot Damn, and other authorities in all matters related to the investigation.

Specific terms for hosts

The following sections also apply if you share your parking spot through the Services:

Host commitments

As a host, you commit that you will provide a safe and legally registered and insured parking spot, with current license plates, with a clean (non-salvage/branded/written off) title, and in good mechanical condition. You will provide such parking spot on time but only to a guest who is listed on the Services as an Approved Driver for the trip. Other than what is required for you to verify a guest’s driver’s license, you will not collect any information or documentation from your guest, including guest personal auto insurance. You agree not to use any guest information made available to you by using the Services to collect additional personal data about guest(s), including but not limited to conducting background checks. You commit that your listings will be complete and accurate and you will honor all representations made in your listings, including honoring the price quoted to a guest. In the event of a parking spot swap, you will not require a guest to accept a higher priced parking spot or force an unwanted parking spot upgrade. You will not cancel a booking for the purpose of seeking a higher price from a guest. You will not offer any parking spot or optional Extra that you do not yourself own or have authority to share or that may not be shared for compensation pursuant to the terms and conditions of any agreement with a third party, including, but not limited to, a lease or financing agreement. If your parking spot is subject to a lease, loan, or other financing agreement, you must confirm sharing your parking spot on Spot Damn does not violate the terms of the contract with the lienholder. You will not offer any Extra that is not safe, clean, and acceptable for the use it is intended. You will not offer any parking spot that is the subject of a missing or stolen parking spot report. You will not offer any parking spot that is the subject of a safety recall without first properly addressing the matter subject to the recall. You will not offer a parking spot that is not roadworthy (i.e., not “street legal”) in the location where it is shared, and it will not have any illegal modifications to any part of the parking spot. You will remove any firearms or other weapons from your parking spot prior to providing it to a guest. You will repay loans related to your Spot Damn business on time and in full. When you direct Spot Damn to retrieve your account information from third parties, including but not limited to toll agencies, you grant Spot Damn a limited power of attorney to access the third-party services to retrieve such account information; Spot Damn will be acting as your agent and will not be acting on behalf of the third party.

Parking spot information given at listing; listing conditions

When you sign up for Spot Damn, you will identify passenger parking spot(s) that you want to list for sharing through the Services. Each parking spot must meet the requirements found here. You will provide the accurate license plate and parking spot identification number (VIN) (as required). You may only use the Services in connection with parking spots that you own or otherwise have all the necessary rights and permissions to share for compensation. If the parking spot you list on the Services is enabled with a device or OEM technology capable of determining location of the parking spot, collecting telematics data, disabling technology, or image capturing you agree to comply with the requirements for tracking and technology devices and applicable law.

The following criteria are used for ‘relevance’ ranking of search results: a guest’s search parameters; parking spot location, details, price, delivery conditions, and relevance to a guest’s search; your ratings and commitment rate; All-Star Host status; and the number of listings that meet the parameters of a guest’s search. You cannot pay to have your listing rank higher and we do not offer sponsored listings.

Spot Damn photography

Spot Damn may offer hosts the option of having photographers take photographs of their parking spots and/or hosts with their parking spots (“Images”). You alone are responsible for using the Images in connection with your Spot Damn listing and you agree that you will cease using the Images if they no longer accurately represent your parking spot. You agree that Spot Damn is the sole and exclusive owner - or exclusive licensee, as allowed by applicable law - of all right, title, and interest in all copyrights, trademark rights, and any and all other intellectual property rights, including right of publicity, worldwide, in the Images regardless of whether you include them in your listing, and you shall take no action to challenge or object to the validity of such rights or Spot Damn’s ownership or registration thereof. You acknowledge that Spot Damn may use the Images for advertising, marketing, commercial, and other business purposes in any media or platform, whether in relation to your listing or otherwise, without further notice or compensation. Further, you waive any and all rights to royalties or moral rights you may have in the Images. If you use the Spot Damn photography program, you agree that you will not use the Images in connection with sharing your parking spot on any platform, website, or application other than Spot Damn. At Spot Damn’s request, you will execute documents and take such further acts as Spot Damn may reasonably request to assist Spot Damn to acquire, perfect, and maintain its intellectual property rights and other legal protection in the Images.

Parking spot availability

Once a trip is booked, you must make the parking spot available or deliver the parking spot as expected by the guest. If you offer the guest the option to pick up your parking spot at a persistent specified location, you must supply the location of the parking spot accurately to Spot Damn and ensure that the parking spot is available at that location at the beginning of the reservation period. In order to qualify for available host earnings plans, or host protection plans in France, you must verify that a prospective guest has a current, valid driver’s license before you provide the guest your parking spot, and ensure the driver’s license matches the name on the reservation and that the person picking up the parking spot appears to match the photograph on a facially valid driver’s license. If you offer remote access to your parking spot you agree to comply with the requirements and guidance for technology for remote parking spot access.

Pricing, earnings, and payments

You will have the ability to set and revise the parking spot’s pricing as you choose. Spot Damn will pay you the amount collected from guests that book your parking spot, less the applicable fees payable to Spot Damn. A description of fees can be found here. To the extent you owe Spot Damn or any third party lender money for any reason, Spot Damn also reserves the right to deduct those amounts from your earnings payment, debit your bank account, charge any of your payment methods on file, and/or send you an invoice.

Payment Processing. In some countries, payment processing services are provided by Stripe and subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement (collectively, the "Stripe Terms"). In countries where you receive payment proceeds via Stripe, you agree to be bound by the Stripe Terms, which may be modified from time to time. You also agree that Spot Damn is not liable in cases where Stripe processes a payment late or makes a mistake relating to a payment or a payment hold. As a condition of Spot Damn enabling payment processing services through Stripe, you authorize Spot Damn to obtain all necessary access and perform all necessary activity on your Stripe Connected Account to facilitate sharing of your parking spot. You further agree to provide accurate, complete, and updated information about you to Spot Damn and Stripe. You acknowledge that Spot Damn and Stripe are unrelated entities. You are responsible for separately updating Spot Damn and Stripe when there are material changes to the information you have previously provided (e.g., business name, tax information, contact information). You authorize Spot Damn to share such information and transaction information with Stripe for the purposes of facilitating the payment processing services provided by Stripe. Spot Damn reserves the right to switch payment processing vendors at its discretion.

Airport delivery; personal parking spot sharing regulations

Some airports where you offer delivery may take the position that you must have a permit to use airport premises and remit fees. While Spot Damn does not believe that rental car permits should apply to peer-to-peer car sharing, not all airport authorities agree with this position. Learn more about airport delivery here.

There is personal parking spot sharing legislation that may apply to you. More information is available here.

Maintenance

You are required to regularly check your parking spot for any defects in its operations or safety. You promise that, at all times, your parking spot will be in safe and roadworthy condition, in good mechanical condition, and in full compliance with all applicable inspection and registration requirements, including any required safety inspections. You will only list parking spots with a clean, non-salvaged, non-written off, non-washed, and non-branded title. You agree to respond to any applicable recall or similar safety notices and to complete any recommended action before allowing your parking spot to be booked. In addition, if Spot Damn believes that your parking spot does not conform to reasonable standards, including maintenance standards, Spot Damn may notify you and reserves the right to remove or decline listing your parking spot until its concerns have been resolved. Spot Damn may, but does not commit to, undertake efforts to ensure the safety of parking spots booked through the Services. Learn more about our parking spot eligibility requirements here.

Co-hosting tools and hosting teams

Co-hosting tools are a set of tools available through the Services that allow hosts to organize their Co-hosts into teams and enable Co-hosts to perform tasks for one or more parking spots. “Co-host” is anyone a host works with to manage their parking spots, including friends, family members, employees, or other Spot Damn hosts and “Co-hosting services” means the support and assistance provided by Co-hosts on a host’s behalf.

Hosting teams permissions. By adding a Co-host to a hosting team, you represent and warrant that each such Co-host is authorized by you to act on your behalf and bind you, consistent with the level of permission granted in the co-hosting tools. You are responsible for the permissions you set for each Co-host and the authority you grant them in using the co-hosting tools for a parking spot listing.

Obligations of hosts and Co-hosts. You are responsible for your own acts or failures to act. To the maximum extent possible under applicable law, you are responsible for the acts and failures to act of your Co-hosts when acting as service providers to you. You are responsible for complying with laws, rules, and regulations that apply to the Co-hosting services. These may require you to obtain a permit or license before providing services or may classify a Co-host as an employee of a host. In no cases, are hosts or Co-hosts employees of Spot Damn. You represent and warrant that you and those who work with you have all necessary permits, licenses, and/or insurance required.

Relationship of hosts and Co-hosts. Any agreement between a host and Co-host does not create an employment, agency, or other service relationship between Spot Damn and any host or Co-host. A host and Co-host cannot create an agreement that conflicts with the Agreement or expands Spot Damn’s obligations or restricts Spot Damn’s rights under the Agreement. Spot Damn has no control over your conduct and is not obligated to mediate disputes between hosts and Co-hosts or among Co-hosts. Any liability arising from or related to any agreement between hosts and Co-hosts is disclaimed by Spot Damn to the maximum extent permitted by law.

Termination of Co-hosting services; effect. Hosts may remove any Co-host from a hosting team at any time. Co-hosts may remove themselves from a hosting team at any time. Spot Damn may remove any Co-host from a host team or terminate access to the Co-hosting services if you fail to deliver to Spot Damn, on request, up to date mandatory documentation relating to your relationship with Co-hosts, including social security or tax declarations. Upon removal of a Co-host, you remain responsible for all actions performed by the Co-host prior to removal.

Reporting parking spot damage

If you did not decline a host earnings plan, or host protection plan in France, made available via the Services, and you believe that a guest has caused any damage to your parking spot, you are required to report that damage as soon as you become aware of it (and in any event, no more than 24 hours after the scheduled end of the trip) and to provide reasonable cooperation in the investigation of the damage so that it can be eligible for coverage. Follow the process for reporting damage described here. Based on the investigation, Spot Damn or third-party claims administrators will reasonably determine whether the damage occurred during the reservation period and is eligible for coverage. If it was, and you did not decline a host earnings plan, or host protection plan in France, made available via the Services, you will be reimbursed for the loss as described in the sections below. If Spot Damn is not given prompt notice as described in this paragraph, or if you do not provide reasonable cooperation in the investigation by Spot Damn or third-party claims administrators, we may not be able to determine the cause. In that case, you agree that we may decline any reimbursement or coverage for such damage. In the US and Canada, if additional damage is discovered during repairs, you must follow the process to request supplemental payment described here.

Auto liability insurance and legal liability protection

For trips originating in the US, the UK, France, and Canada, hosts are covered under a third-party automobile liability insurance policy. In the US, the policy is issued to Spot Damn by Travelers Excess and Surplus Lines Company and does not provide a defense or indemnification for any claim asserted by Spot Damn. In the UK, the policy is from ERS (Syndicate 218 at Lloyd's) managed by IQUW Syndicate Management Limited (registered number 204851), arranged by Lockton Companies LLP. In France, the policy is from Baloise Assurances Luxembourg S.A. (RCS Luxembourg B68065). In the Canadian provinces of Alberta, New Brunswick, Newfoundland and Labrador, Nova Scotia, Ontario, Prince Edward Island, and Quebec, the policy is from Economical Insurance and in British Columbia the policy is from Insurance Corporation of British Columbia.

For trips originating in Australia, Spot Damn Australia Pty Ltd (ACN: 659 649 073; AR No.: 1300021) (“Spot Damn Australia”) offers earnings plans to hosts. The plans include legal liability protection provided by Spot Damn Travels Mutual Limited (“the Mutual”). The Mutual is a discretionary mutual providing risk protection products. The Mutual issues and distributes its products via Picnic Licensing Pty Ltd (ACN: 647 642 117; AFSL: 532540). The Mutual is managed by Spot Damn Travels Management Pty Ltd (ACN: 661 462 433; AR No.: 1300020) and the managing agent is Spot Damn Australia. The Mutual provides financial risk products regulated under the Corporations Act 2001 (Cth) and the products are not insurance. For more information about the protection plans, earnings plans, the Mutual, or membership, please visit this page. Learn more about Australia earnings plans for hosts here.

Physical damage to your parking spot

Physical damage reimbursement (US and UK). The earnings plans available to hosts in the US and the UK address the allocation of financial consequences of physical damage to the parking spot offered by a host during a trip. Physical damage contractual reimbursement from Spot Damn applies to your parking spot in the event of a collision and comprehensive events during the trip, and is subject to terms and exclusions. See additional incorporated terms for US host earnings plans here and UK host earnings plans here.

Physical damage protection (Canada and France). The earnings plans available to hosts in Canada address protection for physical damage to your parking spot in the event of a collision and comprehensive events during the trip, subject to terms and exclusions. See additional incorporated terms for Canada host earnings plans here and France protection plans here.

Parking spot damage protection (Australia). The earnings plans offered by Spot Damn Australia to hosts in Australia also offer protection for damage to your parking spot, provided by the Mutual, a discretionary mutual providing risk protection products. The Mutual issues and distributes its products via Picnic Licensing Pty Ltd (ACN: 647 642 117; AFSL: 532540). The Mutual is managed by Spot Damn Travels Management Pty Ltd (ACN: 661 462 433; AR No.: 1300020) and the managing agent is Spot Damn Australia. The Mutual provides financial risk products regulated under the Corporations Act 2001 (Cth) and the products are not insurance. For more information about the earnings plans, the Mutual, or membership, please visit this page. Learn more about Australia earnings plans for hosts here.

Physical damage payments; no obligation to lienholders. If you do not own your parking spot outright, for example, because you are a co-host, otherwise authorized to list the parking spot on the Spot Damn platform, or your parking spot is subject to a lien, Spot Damn will make any physical damage reimbursement under the earnings plans, including total loss payments, to you as the registered host on the Spot Damn platform. Spot Damn has no obligation to investigate parking spot ownership or the existence of any lien, and Spot Damn assumes no obligation to any third party, including any lienholder or co-owner, in connection with any payment. Notwithstanding the foregoing, Spot Damn reserves the right, in its sole discretion, to direct all or any portion of a payment to a lienholder or co-owner in lieu of or in addition to payment to you, and any such redirection will not increase Spot Damn’s total payment obligation. Any payment made under this section, whether to you or to any lienholder or co-owner at Spot Damn’s election, will fully satisfy Spot Damn’s obligations under the earnings plan.

Actual cash value. If Spot Damn, or third-party claims administrators, choose to pay you the actual cash value for your parking spot, you will be required to do one of the following at the sole discretion of Spot Damn as a condition for receiving payment: (1) transfer title to the parking spot, and, if requested, physically deliver the parking spot to Spot Damn or a third party appointed by Spot Damn to accept title and physical delivery (if applicable); or (2) retain title to the parking spot and accept a reduction of the actual cash value equal to the salvage value of the damaged parking spot based on the highest third-party salvage quote that Spot Damn obtains for the parking spot. The standard for determining the actual cash value will be as determined by Spot Damn or its third-party claims administrators and in compliance with applicable law. For any parking spot parts that Spot Damn pays to be replaced, you agree as a condition of payment to give Spot Damn possession of the damage or replaced part(s).

Exclusions to physical damage reimbursement and coverage. Earnings plans selected by hosts on the Services (including host protection plans in France) do not apply to:

Optional extras or personal property, including aftermarket installations (e.g., equipment racks), that are taken from your parking spot or damaged during a trip. Remove all personal property before making your parking spot available for a reservation
Normal wear and tear to your parking spot

If you violate the Agreement, these Terms, or any of our Policies or if you submit inaccurate information about your parking spot when listing it on the Services (for example, falsely represent the make, model, or year of the parking spot), any earnings plan (or host protection plan in France) you selected will be voided. An earnings plan (or host protection plan in France) will be voided under this provision even if the underlying circumstances are not directly related to the damage or harm at issue. You acknowledge that these provisions are material and that they serve to ensure your compliance. In the event your earnings plan (or host protection plan in France) is voided, the remainder of the Agreement, these Terms, and Policies remain in effect.

Other host-specific insurance matters. You will maintain valid and up to date registration information and proof of insurance in any parking spot you share on the Services. You must maintain your own auto insurance policy for any parking spot you list on the Services and such policy must meet any minimum insurance levels required by law. You may need additional insurance coverage, including physical damage coverage, if you share a parking spot subject to a lease or loan. You agree to provide Spot Damn with information regarding your auto insurance policy as may be requested and to keep such information up to date. Where not prohibited by law, you hereby appoint Spot Damn or a wholly owned subsidiary of Spot Damn as your attorney-in-fact for the purpose of filing insurance claims, receiving insurance payment, otherwise administering an applicable insurance policy, and/or working with law enforcement, guests, or private entities to recover your parking spot, as necessary.

Missing parking spots

If you selected an earnings plan (or host protection plan in France) via the Services and your parking spot goes missing, is not returned, and/or is stolen during the reservation period (or extension period), you, as the host, must immediately contact a Spot Damn representative and follow his or her instructions, including cooperating with Spot Damn, the police, and any other authorities in all related to the investigation of the theft. If you are instructed by Spot Damn to file a police report, you must do so within 24 hours of receiving those instructions.

Additional provisions applicable in Quebec

Each host in Quebec grants Spot Damn the right to use and enjoy the parking spot, solely during the sharing period, subject to Spot Damn’s obligations to the host to preserve the substance of the parking spot pursuant to this Agreement. Each host in Quebec agrees that Spot Damn’s obligation to preserve the substance of his or her parking spot is fulfilled by Spot Damn obtaining commercial automobile insurance coverage, the terms, limitations, and exclusions of which are set out in the standard form automobile policy applicable in the province of Quebec (Q.P.F. no. 1).

Indemnification of host

If you selected an earnings plan (or host protection plan in France) via the Services, in the event of any claim for a loss or injury that occurs during the use of your parking spot by a guest (or by Spot Damn itself), subject to your compliance with these Terms and the Policies, Spot Damn or its insurers will defend and indemnify you, subject to any exclusions or limitations in the policy or policies of insurance contained with the earnings plan (or host protection plan in France), against such claims as required by applicable law. In connection with any indemnified claim, you are required to give Spot Damn or its insurers prompt written notice of the claim, allow Spot Damn sole control over the defense of the claim, and provide Spot Damn reasonable cooperation in its defense of the claim, at Spot Damn’s expense. If Spot Damn or its insurers reimburses you for a lost or damaged parking spot and you later receive payment for some or all of your parking spot from a third party (e.g. a third party insurance company or restitution), you must reimburse Spot Damn any monies received from that third party in an amount equivalent to, but not to exceed, the funds provided to you by Spot Damn.

Dispute resolution

Dispute resolution for hosts and guests residing in the United States

PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS A MANDATORY ARBITRATION PROVISION AND THEREFORE AFFECTS YOUR RIGHTS AND GOVERNS HOW CLAIMS YOU AND SPOT DAMN HAVE AGAINST EACH OTHER ARE RESOLVED.

Subject to applicable law, the Parties agree that any disputes or claims between us relating in any way to, or arising out of, this or previous versions of these Terms, your use of or access to the Services, or any breach, enforcement, or termination of the Agreement will be resolved in accordance with the provisions set forth in this Dispute resolution for hosts and guests residing in the United States section.

Pre-arbitration dispute resolution. Should a dispute or claim arise between us, you and Spot Damn agree to notify the other Party of the nature of the dispute or claim prior to initiating arbitration, and the Parties will attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you should contact us by email at noticeofdispute@SpotDamn.com. Please provide your name, phone number, email, mailing address, and briefly describe both the nature of your dispute and the relief you would like from Spot Damn. If the Parties are unable to resolve the claims described in the notice within 30 days after the notice is sent, then the Party intending to pursue arbitration agrees to notify the other Party via email prior to initiating the arbitration. The arbitration procedures are set forth below. In order to initiate arbitration, a claim must be filed with New Era ADR (“New Era”) as set forth below. In the event New Era declines to or is unable to adjudicate the claim, then the arbitration will be conducted by the American Arbitration Association (“AAA”) as set forth below.

Applicable law for arbitration. The below Agreement to Arbitrate evidences a transaction involving interstate commerce and is therefore governed by the Federal Arbitration Act and the applicable arbitration and procedural rules of New Era (or the AAA, if New Era declines to or is unable to adjudicate the claim). (See "Arbitration procedures" below). To the extent state substantive law is applicable to the Agreement to Arbitrate, the Parties agree that the substantive law of the state of Arizona will apply, without regard to its conflict of law provisions.

Agreement to Arbitrate. The Parties each agree that any and all disputes, claims, or controversies that have arisen or may arise at any time between you and Spot Damn (including its respective subsidiaries, employees, officers, directors, agents, third-party insurance brokers or products, and third-party claims administrators) and/or any other Spot Damn user will be resolved by binding arbitration according to the procedure set forth below. For the purpose of this Agreement to Arbitrate, “disputes," "claims,” and "controversies" shall have the broadest possible meaning that will be enforced and includes, any and all disputes and/or claims that arise out of or in any way relate to your relationship with Spot Damn, including but not limited to: (1) your use of or access to the Services, (2) the Agreement, these Terms and/or this Agreement to Arbitrate, including the interpretation, validity, enforceability, or scope of this Agreement to Arbitrate, or (3) anything sold, offered, or purchased through the Services (such as booking, listing, or sharing a parking spot). Through this Agreement to Arbitrate, and subject to the below exceptions, the Parties intend to arbitrate all disputes or claims regardless of whether they are based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory and regardless of whether they arose or accrued before the Parties entered into this Agreement to Arbitrate. For avoidance of doubt, the Parties expressly agree that this Agreement to Arbitrate encompasses all disputes or claims pertaining to the validity, enforceability, or scope of this Agreement to Arbitrate and any such disputes or claims will be referred to binding arbitration and will be resolved by the arbitrator and not a court.

Exceptions to Agreement to Arbitrate The only exceptions to this Agreement to Arbitrate are as follows:

Disputes or claims that can be brought in small claims court
Injunctive or equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of a Party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
Any cause of action or claim for relief which cannot be arbitrated as a matter of applicable statute or public policy. However, the Parties agree that any such court proceedings shall be stayed pending the final resolution in arbitration of any arbitrable claims or issues
In the event California law is found to apply to this Agreement to Arbitrate, any remedy of public injunctive relief (i.e., injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the general public). However, the Parties agree that any such court proceedings shall be stayed pending the final resolution in arbitration of arbitrable claims, causes of action, or issues

Arbitration procedures. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. An arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. The arbitration will be administered by New Era. For demands not exceeding $200,000, New Era’s Abridged Rules will apply. A form initiating arbitration proceedings is available on New Era’s website (please create an account, click “Start New Case,” and the platform will then lead you through the process of filing a claim). In the event New Era declines to or is unable to adjudicate the claim, the arbitration will be conducted by the AAA. The AAA Commercial Rules, Expedited Procedures (E1-E10) will apply to hosts subject to the modifications that follow. The AAA Consumer Rules will apply to guests, subject to the modifications that follow. A form for initiating arbitration proceedings is available on the AAA's website (the AAA provides a Demand for Arbitration form).

Modifications to the AAA's Consumer Rules and Commercial Rules, Expedited Procedures, For Demands Not Exceeding $200,000

Documents Only Submission. You and Spot Damn agree that where the relief sought is $200,000 or less (not including attorneys’ fees and expenses), the proceeding will be a document-only “desk arbitration” and will be conducted pursuant to the Procedures for the Resolution of Disputes through Document Submission (Rules D1-D3) where the Consumer Rules apply and pursuant to Rule E-6 where the Commercial Rules apply. The parties agree to waive all hearings, including a preliminary hearing, and will instead submit their written evidentiary submission to the arbitrator pursuant to the “Timing of Evidentiary Submission” paragraph below.
Exchange of Information. The parties agree that the only exchange of information permitted is the exchange of information set forth in Consumer Rule 20(b) if proceeding under the Consumer Rules and Expedited Commercial Rule E-5 if proceeding under the Expedited Commercial Rules.
Single Arbitrator. Regardless of whether proceeding under the Consumer Rules or the Commercial Expedited Rules, the arbitration will proceed before a single arbitrator that will be administratively appointed by the AAA.
Timing of Evidentiary Submission. The parties agree to waive a preliminary hearing and make their evidentiary submissions pursuant to the following schedule: Within 14 days of confirmation of appointment of the arbitrator, the claimant will submit its written statement (capped at 10 pages) and any supporting evidence. Then 14 days later, the respondent will submit its written statement (capped at 10 pages) and any supporting evidence.
Arbitrator Discretion. The arbitrator has discretion to deviate from the applicable rules and these modifications where necessary if the Consumer Rules apply, and for good cause shown if the Commercial Rules apply.

In all cases in which a live hearing is requested or required, you and/or Spot Damn may attend by video or phone. To the extent a location must be established for the arbitration, it shall be held in the county in which you reside or at another mutually agreed location.

The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Where permitted, the Parties agree that all communications, evidence, and rulings in the arbitration will remain confidential, except as reasonably necessary to enforce or implement such rulings or this Agreement to Arbitrate. Any settlement offer made by you or Spot Damn shall not be disclosed to the arbitrator.

Costs of arbitration. If you initiate arbitration proceedings, then you will be responsible for certain fees and costs. For arbitrations administered by New Era with demands not exceeding $200,000, you and Spot Damn will split the $800 filing fee by paying $400 each, subject to New Era’s fee waiver provisions in Section 2(h) of its Rules and Procedures. For arbitrations administered by New Era with demands exceeding $200,000, New Era’s Fee Schedule applies. For arbitrations administered by the AAA, you will be responsible for the AAA’s initial filing fee and in some cases a portion of additional fees to be set by the AAA (e.g., case management fees, arbitrator compensation, etc.), subject to the AAA’s fee waiver rules and procedures. The AAA’s Fee Schedules for Consumer and Commercial cases are posted on its website at www.adr.org. If you win an arbitration administered by the AAA and recover the full amount of your claim, then Spot Damn will reimburse your initial AAA filing fee but not any additional fees. Except as set forth above, each party shall bear its own fees and costs except as provided by law.

Class and Representative Action Waiver. THE PARTIES AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, WHETHER IN COURT OR ARBITRATION. UNLESS THE PARTIES AGREE OTHERWISE, THE COURT OR ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE COURT OR ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS, SUBJECT TO THE ABOVE EXCEPTION ALLOWING PUBLIC INJUNCTIVE RELIEF TO BE SOUGHT IN COURT BUT ONLY IF THAT EXCEPTION IS FOUND TO APPLY.

Severability. With the exception of the above Class Representative Action Waiver, if an arbitrator or court decides that any part of the Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in the Class and Representative Action Waiver section” is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement, these Terms, and dispute resolution section will continue to apply.

Right to opt-out of arbitration; procedure. IF YOU ARE A NEW SPOT DAMN USER, YOU CAN CHOOSE TO OPT-OUT OF THE AGREEMENT TO ARBITRATE BY EMAILING US AN OPT-OUT NOTICE TO ARBITRATIONOPTOUT@SPOTDAMN.COM ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE RECEIVED WITHIN 30 DAYS AFTER THE DATE YOU ACCEPT THESE TERMS FOR THE FIRST TIME OR BEFORE THE COMMENCEMENT OF YOUR FIRST TRIP ON SPOT DAMN AS A GUEST OR HOST, WHICHEVER DATE IS EARLIEST. In order to opt-out, you must email your full name, address (including street address, city, state, and zip/postal code), and email address(es) associated with your Spot Damn Account to arbitrationoptout@SpotDamn.com. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other provisions of the Agreement will continue to apply to you, including the below forum selection clause specifying Phoenix, Arizona.

Future amendments to the Agreement to Arbitrate. Spot Damn may update this Agreement to Arbitrate at any time and in its sole discretion by posting them at Spot Damn.com/us/en/policies/terms. You are responsible for periodically reviewing that website to ensure you are apprised of the current and applicable version. Notwithstanding any other provision to the contrary in this Agreement to Arbitrate, the Parties agree that if Spot Damn makes any amendment to the Agreement to Arbitrate in the future, that amendment shall not apply to any claim that you had already filed against Spot Damn prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate regardless of when they arose or accrued. If you do not agree to the amended terms, you may close your account within 30 days of our posting or notification and you will not be bound by the amended terms; provided that the Parties will arbitrate any dispute in accordance with the provisions of the Agreement to Arbitrate that was in effect as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms). Once you have submitted a valid Opt-Out Notice to Spot Damn, you do NOT need to submit another one when these Terms are subsequently updated. Your first Opt-Out Notice will serve as a valid as to future versions of these Terms.

Judicial forum for legal disputes not subject to arbitration. Unless the Parties agree otherwise, in the event that the Agreement to Arbitrate is found not to apply to you or to a particular claim or dispute, whether (1) as a result of your decision to opt out of the Agreement to Arbitrate, (2) as a result of a decision by the arbitrator or a court order, or (3) if one of the above exceptions to the Agreement to Arbitrate applies, you agree that any claim or dispute that has arisen or may arise between the Parties will be resolved exclusively by a state, federal, or small claims court located in Phoenix, Arizona. The Parties agree to submit to the personal jurisdiction of a state court located in Maricopa County, Phoenix, Arizona or a United States District Court for the District of Arizona located in Phoenix, Arizona. The Parties agree that the substantive law of the state of Arizona will apply to any such claim or dispute without regard to conflict of law provisions.

Governing law. The parties agree that the substantive laws of the state of Arizona apply to these Terms and the Agreement without regard to conflict of law provisions.

Dispute resolution for hosts and guests residing in Canada

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS THE PARTIES HAVE AGAINST EACH OTHER ARE RESOLVED

Resolution of disputes. If a dispute arises between the Parties and you are a resident of Canada, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. We strongly encourage you to first contact us. We will consider reasonable requests to resolve the dispute through informal means. If we are unable to resolve the dispute in such manner, you may pursue the dispute as explained in this section.

Arbitration option for claims under $15,000. Subject to applicable law, for any dispute where the total amount sought is less than CAD$15,000, the Parties may agree to resolve the claim through binding non-appearance-based arbitration. If a Party elects for arbitration and the other Party agrees to arbitration, such arbitration shall be initiated through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the Parties. The ADR provider and the Parties must comply with the following rules: (1) the arbitration shall be conducted by phone, videoconference, and/or be solely based on written submissions, the specific manner shall be chosen by the Party initiating the arbitration, (2) the arbitration shall not involve any personal appearance by the Parties or witnesses unless otherwise mutually agreed by the Parties, and (3) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Governing law and forum for disputes. Subject to applicable law, the laws of Ontario and the applicable federal laws of Canada shall govern these Terms and the Agreement without regard to conflict of law provisions. Subject to applicable law and any mutual agreement to resolve a dispute under the "arbitration option" described above, if you are a resident of Quebec, you agree that any claim or dispute you may have against Spot Damn must be resolved by a court located in Toronto, Ontario and you agree to submit to the personal jurisdiction of the courts located within the province of Ontario.

Dispute resolution for hosts and guests residing in France

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS THE PARTIES HAVE AGAINST EACH OTHER ARE RESOLVED. Regardless of where you reside, if you bring an action against Spot Damn in the United States, the section above entitled Dispute resolution for hosts and guests residing in the United States section will govern that dispute.

General complaints about the Services. If you reside in France, any dispute regarding these Terms, the Agreement, or other complaints must be addressed to Spot Damn at serviceclients-fr@Spot Damn.com.

Resolution of disputes. If a dispute arises between the Parties, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. We encourage you to contact us directly to seek a resolution at notificationdelitige@SpotDamn.com with your name, phone number, email address, mailing address, and a description of the nature of your complaint. If you reside in France, you may elect for a consumer mediation procedure by contacting a Spot Damn-appointed mediator by mail at the following address: Médiation Consommation Développement, Centre d’Affaires Stéphanois SAS, IMMEUBLE L’HORIZON – ESPLANADE DE FRANCE, 3, RUE J. CONSTANT MILLERET – 42000 SAINT-ÉTIENNE ou via medconsodev.eu. We are under no obligation to accept mediation and, in the event of recourse to mediation, each Party is free to accept or refuse the resolution proposed by the mediator. You must submit a complaint to Spot Damn first before referral to a mediator.

Governing law and forum for disputes. If you reside in France, the laws of France govern these Terms and the Agreement and any dispute or claim you have against Spot Damn and you may elect to bring a claim in a court in France. If you reside in France and you agreed to these Terms in your capacity as a merchant, jurisdiction is expressly attributed to the competent court of Paris, notwithstanding multiple defendants or third party guarantors, even for emergency or protective measures in summary proceedings or by petition.

Dispute resolution for hosts and guests residing in Australia

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS THE PARTIES HAVE AGAINST EACH OTHER ARE RESOLVED. Regardless of where you reside, if you bring an action against Spot Damn in the United States, the section above entitled “Dispute resolution for hosts and guests residing in the United States” will govern that dispute.

Resolution of disputes. If a dispute arises between the Parties, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. We encourage you to contact us directly to seek a resolution at SpotDamn.com/help. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. If you are in Australia and your dispute relates to protection, you will follow the process outlined in the relevant product disclosure statement available here. For all other disputes in Australia, we encourage you to follow the process described in this paragraph.

Governing law and forum for disputes. If you reside in Australia, the laws of Australia shall govern these Terms and the Agreement and any dispute or claim you have against Spot Damn and you may elect to bring a claim in a court in Australia.

Dispute resolution for hosts and guests residing outside the United States, Canada, France or Australia

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS THE PARTIES HAVE AGAINST EACH OTHER ARE RESOLVED. Regardless of where you reside, if you bring an action against Spot Damn in the United States, the section above entitled “Dispute resolution for hosts and guests residing in the United States” will govern that dispute.

Resolution of disputes. If a dispute arises between the Parties, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. We encourage you to contact us directly to seek a resolution at Spot Damn.com/help. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. For resolving disputes related to trips originating in the United Kingdom, you can learn more here.

Governing law and forum for disputes. If you reside in the United Kingdom, the laws of England and Wales shall govern these Terms and the Agreement and any dispute or claim you have against Spot Damn and you and Spot Damn both agree to submit to the non-exclusive jurisdiction of the English courts. If you reside in any country other than the United Kingdom, the laws of the state of Arizona and the United States shall govern these Terms and the Agreement and any dispute or claim you have against Spot Damn. If you reside in the United Kingdom, France, or Australia, you may bring a claim arising out of or in connection with these Terms or the Agreement against Spot Damn in a court located in England, but if you reside in France or Australia, you may also elect to bring a claim in the court of your country of residence.

General provisions

Termination

You may discontinue your use of the Services at any time and Spot Damn may terminate your access to the Services and remove any listings for any reason or no reason to the extent permissible under applicable law. Termination of access to the Services will not release a Party from any obligations it incurred prior to the termination and Spot Damn may retain and continue to use any information, including but not limited to photography, previously provided by you. Termination of the Agreement will not have any effect on the disclaimers, waiver or liability limitations, or legal disputes provisions under the Agreement and/or any fees due, and all of those terms will survive any termination of the Agreement.

No parking spot transfer or assignment

Except as otherwise provided herein, guests and hosts agree that nothing in these Terms constitutes an actual or purported transfer or assignment of any right or interest in a parking spot or optional Extras shared through the Services.

Disclaimers

SPOT DAMN PROVIDES SERVICES THAT ENABLE THE SHARING OF PARKING SPOTS AND OPTIONAL EXTRAS BETWEEN HOSTS AND GUESTS. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, SPOT DAMN DOES NOT ITSELF PROVIDE PARKING SPOT SHARING, RENTAL SERVICES, AND/OR INSURANCE SERVICES AND IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS SERVICES, THE MANUFACTURER OF THE PARKING SPOT OR ANY OPTIONAL EXTRAS, OR ANY THIRD PARTY PROVIDER OF SERVICES (E.G. IN-PARKING SPOT GPS OR OTHER SYSTEMS). THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING, SPOT DAMN EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Spot Damn makes no warranty that the Services, including, but not limited to, the listing and/or any parking spot or optional Extra, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Spot Damn makes no warranty regarding the quality of any listings, parking spots, hosts, guests, Extras, the Services, or any content or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Services. No advice or information, whether oral or written, obtained from Spot Damn, Spot Damn Insurance Agency, or its service providers or through the Services or content, will create any warranty not expressly made herein.

Limitation of liability and waiver

EXCEPT WHERE PROHIBITED BY LAW, YOU WAIVE AND DISCHARGE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST SPOT DAMN AND ANY OF ITS SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS (INCLUDING THIRD-PARTY ADMINISTRATORS, INSURANCE PRODUCERS, AND INSURANCE PROVIDERS), OR EMPLOYEES (TOGETHER, THE “SPOT DAMN PARTIES”) AND ANY SPOT DAMN USER FOR ANY DAMAGES OR LOSSES, WHETHER DUE TO NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE FOLLOWING: (1) PARKING SPOT AVAILABILITY (E.G., A PARKING SPOT NOT BEING AVAILABLE OR RETURNED WHEN IT WAS SUPPOSED TO BE), (2) PROBLEMS WITH A PARKING SPOT (E.G., ANY MALFUNCTION OF OR DEFICIENCY WITH A PARKING SPOT), (3) PARKING SPOT WARRANTY ISSUES (E.G., ANY BREACH OF WARRANTY OR OTHER OBLIGATION BY ANY MANUFACTURER OR OTHER THIRD PARTY ASSOCIATED WITH THE PARKING SPOT), (4) THE LEGAL OR LICENSE STATUS OF A PARKING SPOT, HOST, OR GUEST, (5) THIRD PARTY ASSESSMENTS OF A PARKING SPOT'S VALUE, OR (6) ANY ACTION OR INACTION OF A HOST OR GUEST.

YOU AGREE THAT NEITHER SPOT DAMN NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR CONNECTION WITH THE FOLLOWING: (1) THE AGREEMENT, (2) THE SERVICES (INCLUDING LISTING OR BOOKING OF ANY PARKING SPOT OR OPTIONAL EXTRA VIA THE SERVICES), OR (3) INABILITY TO USE THE SERVICES.

Except for our obligations to pay amounts to applicable hosts or guests pursuant to these Terms, including an approved payment request or claim under a protection or earnings plan or applicable insurance policy, in no event will the Spot Damn Parties' aggregate liability arising out of or in connection with the Agreement or your use of the Services, exceed the greater of (1) the amounts you have paid or owe for bookings via the Services as a guest in the twelve month period prior to the event giving rise to the liability, or if you are a host, the amount earned by you in the 12 month period prior to the event giving rise to the liability, or (2) US$100.

EXCEPT WHERE PROHIBITED BY LAW, YOU ALSO WAIVE AND DISCHARGE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST ANY SPOT DAMN USER FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.

YOU WAIVE CALIFORNIA CIVIL CODE §1542, OR ANY SIMILAR LAW, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

THE ABOVE LIMITATIONS OF LIABILITY AND WAIVER PROVISIONS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SPOT DAMN AND YOU. THEY SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND ANY ASPECTS OF THEM THAT ARE DEEMED VOID OR UNENFORCEABLE SHALL BE SEVERED WHILE LEAVING THE REMAINDER IN EFFECT.

Indemnification

You agree to release, defend, indemnify, and hold Spot Damn and its subsidiaries, officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (1) your access to or use of the Services, (2) your violation of these Terms, (3) your user content, (4) your interaction with any other user of the Services, or (5) your booking of a parking spot or creation of a listing for a parking spot. Such indemnification includes but is not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) arising in connection with or as a result of a booking, sharing, or use of a parking spot or optional Extra. This indemnification provision is a fundamental element of the basis of the bargain between Spot Damn and you. It shall apply to the extent permitted by applicable law, and any aspects of it that are deemed unenforceable shall be severed while leaving the remainder in effect.

Liquidated damages

You acknowledge that the actual damages likely to result from your breaches of the Agreement by any of the following are difficult to estimate accurately and would be difficult for Spot Damn to prove with certainty: (1) engaging in gray market transactions, as defined in these Terms, (2) using the Spot Damn domains, trademarks, or taglines without Spot Damn's express consent, including without limitation registering website domains or social media handles, or bidding on online advertising key words, (3) suing or asserting legal claims against the Spot Damn Parties or a Spot Damn user in any manner prohibited or waived herein, (4) as a host, sharing your parking spot via the Services with expired registration stickers or without current registration paperwork in the parking spot, (5) as a host, offering any parking spot that is the subject of a missing or stolen parking spot report, (6) as a host, offering any parking spot or releasing a parking spot to a guest that is not roadworthy or is otherwise in an unsafe condition, (7) as a host, cancel or modify a trip to manipulate the price or potential earnings for a parking spot, or (8) creating or using a Spot Damn account that has the effect of circumventing Spot Damn’s suspension, termination, or closure of another Spot Damn account. You will pay Spot Damn $5,500 per breach in Liquidated Damages to compensate Spot Damn for any such conduct. This amount is not intended as a punishment for any such breach, but rather as a reasonable estimate where actual damages are difficult to estimate accurately and/or prove with certainty. This liquidated damages provision is a fundamental element of the basis of the bargain between Spot Damn and you. It shall apply to the extent permitted by applicable law, and any aspects of it that are deemed unenforceable shall be severed while leaving the remainder in effect.

Not a rental car company; no parking spot leasing

Spot Damn is not a rental car company. It does not own a fleet of parking spots and is not in the business of renting parking spots to the public. Spot Damn also is not providing short- or long-term parking spot leases. Spot Damn provides an online platform where parking spot owners and those in need of a parking spot can meet and share parking spots amongst themselves subject to these Terms.

Rounding off; currency

Spot Damn may, in its sole discretion, round up or down amounts that are payable from or to hosts or guests to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro, pound, or other supported currency) unless explicitly prohibited under applicable law. The currency displayed on the Services is based on the search location, parking spot location, and/or host location.

Spot Damn can be contacted at SpotDamn.com/help.

If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Consumer Information Center of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 1-800-952-5210.

Translations

Where Spot Damn has provided you with a translation of the English language version of these Terms or any Policies, in case of any wording discrepancies between the English and any other versions of the Terms and any Policies, the English language wording takes precedence. In France and if you are a consumer, the French language version will prevail.

Severability and non-waiver

In the event any provision of these Terms is held to be void, voidable, or unenforceable, the remaining provisions shall remain in full force and effect. The failure of any Party to enforce any provision of these Terms shall not be construed to be a waiver of such provision, or any other provision, nor in any way to affect the validity of these Terms or any part of these Terms, or any right of any Party to enforce that provision or each and every other provision at any time. No waiver of any breach of these Terms shall constitute or be deemed a waiver of any other breach.

General

Spot Damn does not appoint you or any other user as its employee, mandatory, legal agent, or form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of Spot Damn and Spot Damn will not make commitments on your behalf, except as contemplated by the Services or expressly stated in these Terms.

The Agreement, including these Terms, states the entire understanding between you and Spot Damn concerning your access to and use of the Services and supersedes any earlier verbal or written communications between us. With the exception of appointing a custodian to manage your parking spots on your behalf, you may not delegate your legal obligations or transfer any of your rights, in whole or in part, to any third party without advance written consent of Spot Damn. You will remain responsible for your obligations hereunder in any event. A Spot Damn director or officer must agree to any modification or waiver of any term of the Agreement in writing. Headings are for reference purposes only and do not limit the scope or extent of such section.