Terms and Conditions of Use for Website and Mobile App
Truck Spot, LLC (“Truck Spot”)
Terms and Conditions for Truck Spot Parking Services
Revised as of April 14, 2017.
By opening or using a wireless parking account with Truck Spot (the “Account”), you agree to be bound by the terms and conditions contained in this agreement, including our Web Site Terms and Privacy Statement, which govern your use of the Account. Please read this agreement carefully and keep it for future reference.
In this agreement, the following terms have the meanings indicated below:
• “Account” or “account” means all Truck Spot wireless parking service accounts opened by you on our web site or by calling our Customer Care Center,
• “service” means the service offered by Truck Spot allowing you to pay for parking at participating parking companies by using your phone pursuant to the terms and conditions of this agreement,
• “we”, “us”, and “our” mean Truck Spot, along with our successors, affiliates or assigns,
• “web site” means our web site currently located at email@example.com, as well as any successor to such site,
• “you” and “your” means the person(s) who have established the Account, and
• “your phone” refers to the cellular or other phone you have enabled to use the Account.
2. Account Information
You may change your Account profile at any time. You agree to provide us with your valid registration information, including, without limitation, your contact information. You may not misrepresent your identity to us. It is your responsibility to review and revise your Account information so that it is accurate and current at all times. You further agree to comply with all state or local restrictions that may be applicable to your registration. We reserve the right to terminate your Account. You are solely responsible for use of your Account and you agree to notify us immediately in the event of an unauthorized use.
3. Using your Account
You can use the Account to pay for parking at any parking facility that uses the Truck Spot service. You can access account balances and review your recent account history at our web site.
Use of Account, Password, PIN and your Cell Phone:
During the process of opening an Account you will enter a confidential Personal Identification Number (PIN) which activates the Account. You will also provide us with the number of your phone which will provide access to the Account. The Account and PIN are provided for your use and protection. You agree:
• Not to disclose the PIN or otherwise make it available to anyone else.
• To use the Account, the PIN and your phone as instructed.
• To promptly notify us of any loss, unauthorized use or theft of your Account, PIN.
• You are liable for any transactions made by a person you authorize or permit to use your Account and/or PIN. If you permit someone else to use the Account, we and the facility operator will treat this as if you have authorized this person to use the Account and you will be responsible for any transactions initiated by such person with the Account.
4. Pricing, Payment and Refunds
Prices paid shall be at the price posted at the parking facility on the date of service plus a service charge determined by Truck Spot. Charges by Truck Spot may be changed as described below.
Each time you use the Account, the amount of the transaction, including applicable taxes and service charges, will be charged to the credit card used to open the Account. You authorize Truck Spot to charge your credit card for such amounts each time the service is used.
If you have any questions about a refund or other similar issue, please contact the appropriate Customer Care Center.
5. Service Charges
You agree that the fees and service charges included in the transaction cost confirmed before you start parking apply to the Account and may be charged to the Account. You authorize us to initiate any such charges to the Account as applicable.
A chargeback fee of $15.00 may be assessed if an attempt to charge your Account is rejected for insufficient funds available on your credit card, for cancellation of your credit card.
6. Failure to Complete Transactions
We and the facility operators accept no liability to complete any transaction which cannot be cleared by our payment processor, whether because there are not sufficient funds available on your credit card or otherwise.
Neither we nor any of the facility operators we have relationships with will be liable to you for any failure to accept or honor the Account.
7. Truck Spot is NOT a Parking Company
Truck Spot provides a service to enable your payment for parking at certain facilities. Truck Spot does not own, operate or maintain parking facilities and is not responsible for any facilities or events that occur at such facilities. Parking facilities are operated by companies Truck Spot which has contractual relationships with, but Truck Spot is not responsible for actions taken by such companies.
8. Disclaimer of Service Level Guarantees and Warranties
NOTE THAT THIS SERVICE IS ONLY AVAILABLE IN SELECTED LOCATIONS AND MAY NOT BE AVAILABLE AT ALL TIMES AT ACTIVE LOCATIONS. While we will endeavor to provide the best possible service, there are limitations to cellular and payment technologies which may cause interruptions in service. Please note that WE PROVIDE NO SERVICE LEVEL GUARANTEES WHATSOEVER concerning this service.
Unless the law provides otherwise, you waive and release us from any obligations that could arise due to defenses, rights and claims you have or may have against any third party on account of the use of the Account.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SERVICES SUBJECT TO THIS AGREEMENT ARE PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS. Truck Spot MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SERVICE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND OUR SERVICE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Truck Spot DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VERRUS DOES NOT WARRANT THAT ITS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM VERRUS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VERRUS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ITS SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
Truck Spot DOES NOT OWN, CONTROL OR OPERATE PARKING FACILITIES. ACCORDINGLY, Truck Spot DOES NOT WARRANT ANYTHING WITH RESPECT TO SUCH FACILITIES. Truck Spot WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATED TO ANY PARKING FACILITY OR ITS OPERATION, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
We will make every attempt to deliver a high level of service at all times. If you think there has been a billing or accounting error, please contact the appropriate Customer Care Center listed at the end of this page. Our Customer Care Center will connect you to the facility operator for the facility whose charges resulted in the billing or accounting error. If you are entitled to a refund for any reason for services obtained with the Account, you agree to accept credits to the credit card used to open the Account in place of cash. We and the parking operators will not provide cash refunds.
10. Loss, Theft or Unauthorized Use
You are responsible for all authorized uses of your Account. Applicable law may protect you from liability for unauthorized purchases. You understand that your Account is not a credit account and is not protected by laws covering credit accounts.
Tell us AT ONCE if you believe that your Account has been used by an unauthorized person. IF YOU BELIEVE THAT YOUR PHONE HAS BEEN STOLEN, OR THAT SOMEONE HAS TRANSFERRED OR MAY IMPROPERLY CHARGE THE ACCOUNT WITHOUT YOUR PERMISSION, CONTACT THE APPROPIATE CUSTOMER CENTER. IF YOU FAIL TO NOTIFY US PROMPTLY AND YOU ARE GROSSLY NEGLIGENT OR FRAUDULENT IN THE HANDLING OF THE ACCOUNT, YOU COULD INCUR ADDITIONAL CHARGES.
If your phone or credit card has been reported lost or stolen, we may close the Account to keep your and our losses down.
11. Your Right to Dispute Errors
In case of errors or questions about electronic transactions on the Account, contact our Customer Care Center as soon as you can, including if you think the statement or receipt is wrong or if you need more information about a transaction listed on the statement or receipt. Disputes involving operators of parking facilities will be resolved pursuant to their procedures.
For disputes that we (rather than a facility operator) are involved in, we must hear from you no later than 30 days after the transaction in question has been made available to you on the online statement.
The following information must be contained in that notice:
• Your name, user name and phone number or numbers used for the Account.
• Description of the error or the transaction and explanation as to why you believe it is an error or why you need more information.
• The amount of the suspected error.
Generally, we will tell you the results of our investigation within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question.
If we decide there was no error, we will send you a written explanation within three business days, after we finish our investigation. You may ask for copies of documents that we used in our investigation.
12. Dispute Resolution and Confidential Arbitration
Any dispute relating in any way to the services offered by Truck Spot shall be submitted to confidential arbitration in Broward County, Florida, except that, to the extent you have in any manner violated or threatened to violate Truck Spot’s intellectual property rights, Truck Spot may seek injunctive or other appropriate relief in any State or Federal court in the Broward County, Florida, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association conducted by a single arbitrator. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
13. Disclosure of Account Information to Third Parties
From time to time, subject to any applicable financial privacy laws or other laws or regulations, we may provide information about you and the Account:
• To parking companies we have relationships with.
• In response to any subpoena, summons, court or administrative order, or other legal process which we believe requires our compliance.
• In connection with collection of indebtedness or to report losses incurred by us.
• In compliance with any agreement between us and a professional, regulatory or disciplinary body.
• In connection with potential sales of business to parking companies and others.
• To carefully selected service providers and merchant partners who help us meet your needs by providing or offering our services
14. Credit or Information Inquiries
You authorize us to make such credit, employment and investigative inquiries, as we deem appropriate in connection with the issuance and use of the Account. We can furnish information concerning the Account or credit file to consumer reporting agencies and others who may properly receive that information.
15. Use of Cell Phones While Driving Can be Dangerous
PLEASE NOTE THAT OPERATING A CELL PHONE OR ANY OTHER DEVICE WHILE DRIVING CAN BE DANGEROUS AND WE ADVISE YOU NOT TO USE THIS SERVICE WHILE OPERATING A VEHICLE. YOU AGREE TO INDEMNIFY AND HOLD Truck Spot HARMLESS FROM ANY OR ALL LIABILITY WHATSOEVER FOR ANY HARM, LOSS OR INJURY RELATED TO USE OF THIS SERVICE OR THE ACCOUNT WHILE OPERATING ANY KIND OF VEHICLE.
16. License and Site Access
Solely for use in connection with the service, Truck Spot grants you a limited license to access and make personal use of its web site and its service. This license does not include any resale or commercial use of Truck Spot’s service; any collection and use of any information, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of others; or any use of data mining, robots, or similar data gathering and extraction tools. All materials and information related to Truck Spot may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express the written consent of Truck Spot. Any unauthorized use terminates the permission or license granted by Truck Spot. You may not use any Truck Spot’s logo or other proprietary graphic or trademark without Truck Spot’s express written permission.
17. Amendment and Cancellation
We may at any time change or repeal these terms and conditions. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. You specifically agree to accept such notice of change by notice sent to the last electronic mail address you have provided to us. However, if the change is made for security purposes, we can implement such change without prior notice. Should you decide that you no longer agree to accept changes or notices electronically, we may cancel or suspend this agreement or any features or services of the Account described herein at any time. The Account remains our property.
We may cancel your right to use the Account at any time. You may cancel this agreement by closing your Account on our web site. Your termination of this agreement will not affect any of our rights or your obligations arising under this agreement prior to termination.
18. Applicable Law
By opening the Account, you agree that the laws of the State of Florida without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Truck Spot or its affiliates, as well as any of their successors and assigns.
Truck Spot and other marks indicated on our site are registered trademarks of Truck Spot, LLC. Other Truck Spot graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Truck Spot, LLC. Truck Spot’s trademarks and trade dress may not be used in connection with any product or service that is not Truck Spot’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Truck Spot. All other trademarks not owned by Truck Spot that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Truck Spot.
20. Other Terms
The Account and your obligations under this agreement may not be assigned except to an authorized user who is an approved enrollee in the program. We may transfer our rights under this agreement at any time.
We do not give up our rights by delaying or failing to exercise them at any time.
If any term of this agreement is found by a court to be illegal or not enforceable, all other terms will still be in effect.
If we take legal action against you because of default in the terms of this agreement, you must pay reasonable attorney’s fees and other costs of the proceedings.
You agree to indemnify, defend and hold us, our subsidiaries and affiliates and each of our respective officers, directors, agents, employees, independent contractors and suppliers, harmless from any claim, demand, action, cost and expense, including reasonable attorneys’ fees, due to or arising out of the following events: (i) your giving us any information which is inaccurate; (ii) your breach of any warranty, representation or other obligation set forth in these Terms and Conditions; (iii) your negligence or willful misconduct; (iv) your violation of any law, regulation or right of any third party; (v) any dispute or action between you and any third party, including parties selling or advertising goods or Services on this website; and (vi) your use of this website or the Application or the products or Services of Truck Spot or any third party
22. Contact Information
Collection of your Personal Information
Truck Spot may collect personally identifiable information, such as your:
- E-mail Address
- Phone Number
If you purchase Truck Spot's products and services, we collect billing and credit card information. This information is used to complete the purchase transaction.
Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through Truck Spot's public message boards, this information may be collected and used by others.
Truck Spot encourages you to review the privacy statements of websites you choose to link to from Truck Spot so that you can understand how those websites collect, use and share your information. Truck Spot is not responsible for the privacy statements or other content on websites outside of the Truck Spot website.
Use of your Personal Information
Truck Spot collects and uses your personal information to operate its website(s) and deliver the services you have requested.
Truck Spot may also use your personally identifiable information to inform you of other products or services available from Truck Spot and its affiliates. Truck Spot may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
Truck Spot does not sell, rent or lease its customer lists to third parties.
Truck Spot may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. Truck Spot may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Truck Spot, and they are required to maintain the confidentiality of your information.
Truck Spot may keep track of the websites and pages our users visit within Truck Spot, in order to determine what Truck Spot services are the most popular. This data is used to deliver customized content and advertising within Truck Spot to customers whose behavior indicates that they are interested in a particular subject area.
Truck Spot will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Truck Spot or the site; (b) protect and defend the rights or property of Truck Spot; and, (c) act under exigent circumstances to protect the personal safety of users of Truck Spot, or the public.
Automatically Collected Information
Information about your computer hardware and software may be automatically collected by Truck Spot. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Truck Spot website.
Children Under Thirteen
Truck Spot does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
Opt-Out & Unsubscribe
We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from Truck Spot by contacting us here:
- Email: firstname.lastname@example.org
Changes to this Statement
Truck Spot will occasionally update this Statement of Privacy to reflect company and customer feedback. Truck Spot encourages you to periodically review this Statement to be informed of how Truck Spot is protecting your information.
Truck Spot welcomes your questions or comments regarding this Statement of Privacy. If you believe that Truck Spot has not adhered to this Statement, please contact Truck Spot at:
Truck Spot, LLC
19366 SW 14th Street
Pembroke Pines, Florida 33029
Effective as of May 06, 2017