These terms and conditions are entered into by and between you, the user (“you” or “your”) and Xtraspots Inc. (“Xtraspots,” “we,” “us,” or “our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms”), govern your access to and use of www.xtraspots.com (the “Website”) and Xtraspots’s mobile application(s), including any content, functionality and services offered on or through the Website or any of our mobile applications (collectively, the “Xtraspots Platform'').
PLEASE REVIEW THESE TERMS CAREFULLY. BY ACCESSING THE XTRASPOTS PLATFORM, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS.
IF YOU DO NOT AGREE TO THESE TERMS, IMMEDIATELY STOP USING THE XTRASPORTS PLATOFRM AND DO NOT USE ANY XTRASPOTS SERVICE.
The Xtraspots Platform offers an online venue that enables users (“Members”) to publish, offer, search for, and book services. Members who publish services are “Owners” or “Hosts,” and members who search for, book, or use services are “Guests” or “Drivers.” Owners offer parking spaces and/or charging services (“Parking Space” or “Charging Service”), each of which constitutes a “Listing.” Guests are able to book or reserve the Parking Space or Charging Service (each, a “Booking”).
Xtraspots services, however, are limited to informing users of the location and potential availability of certain Parking Spaces or Charging Services, processing Bookings for Listings, and collecting fees on behalf of Owners (together, the “Marketing Services”). Any fees and/or consideration paid to Xtraspots is paid to Xtraspots in connection with these Marketing Services.
As the provider of the Xtraspots Platform, Xtraspots does not own, control, offer or manage any Listings. Xtraspots is not a party to the contracts entered into directly between Owners and Guests (“Member Agreements”), nor is Xtraspots a real estate broker, travel agency, parking service provider or insurer. Xtraspots is not acting as an agent in any capacity for any Member. For the avoidance of doubt, we do not: (i) negotiate terms of Listings or settle disputes between Members; (ii) provide a parking service; (iii) operate a parking lot or other parking facility; (iv) otherwise accept custody of motor vehicles; or (v) provide services other than the Marketing Services (collectively, “Excluded Services”). The Excluded Services are provided by Owners who are neither our agents nor acting on our behalf and we have no responsibility whatsoever regarding the safety of persons or property in the Listings or any property where the Parking Spaces or Charging Services are located. We are not responsible for any consequences arising from the Excluded Services, including, without limitation, consequences arising from not being able to park, utilize charging services, or delays associated with parking, road closures or changing traffic conditions. Although we do not guarantee the availability of a specific Parking Space or Charging Service, if a booked Parking Space or Charging Service is unavailable at your time of Booking, we will attempt to locate an alternative Listing, provide you with a refund and/or otherwise resolve any issues in accordance with our standard customer service policies and procedures.
While Xtraspots makes every effort to provide accurate information regarding the Listings, at times such information may become inaccurate and Xtraspots shall not be liable for any such inaccuracy. In all cases, your utilization of a Parking Space or Charging Service will be governed by your Member Agreement, including any payment terms and all rules and restrictions imposed by the Owner. By making a Booking, you agree to abide by the terms of the Member Agreement.
In connection with our provision of the Marketing Services, Owners represent and warrant to us that they have full authority to list the Parking Space or Charging Service in the Listing. We are not responsible for confirming whether any such representation or warranty is true and correct, nor are we responsible if any such representation or warrant becomes inaccurate or incomplete prior to your use of a Parking Space or Charging Service.
You must register an account to access and use many features of the Xtraspots Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the Xtraspots Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify Xtraspots if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii)undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or their local equivalents.
We maintain other terms and policies that supplement these Terms, including: our Cancellation Policy, which governs the Member’s cancellation activities; and a Privacy Policy, which describes our collection and use of personal data. All other terms are incorporated herein by reference.
If you are an Owner, you are responsible for understanding and complying with all laws, rules, regulations, and contracts with third parties that apply to your Owner Services.
After each Booking, Guests and Owners will have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language. Reviews are not verified by Xtraspots for accuracy and may be incorrect or misleading.
Parts of the Xtraspots Platform enable you to provide feedback, text, photos, audio, video, information, and other content (collectively, “Content”). By providing Content, in whatever form and through whatever means, you grant Xtraspots a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable, and transferable license to copy, modify, prepare derivative works of, distribute, publish and otherwise exploit, that Content, without limitation. If Content includes personal information, our Privacy Policy describes how we use that personal information. Where Xtraspots pays for the creation of Content or facilitates its creation, Xtraspots may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Xtraspots the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with applicable laws and policies, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent, and illegal content. You agree that Xtraspots may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. Xtraspots does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations.
Xtraspots may charge fees (and applicable Taxes) to Owners and Guests for the right to use the Xtraspots Platform. More information about when service fees apply and how they are calculated can be found on our Service Fees page, which can be accessed here. Except as otherwise provided on the Xtraspots Platform, service fees are non-refundable. Xtraspots reserves the right to change the service fees at any time, and will provide Members notice of any fee by updating the Service Fees page. Members are expected to regularly review the Service Fees page and are liable for the fees listed on the Service Fees page at the time they use our services. Fee changes will not affect Bookings made prior to the effective date of the fee change. If you disagree with a fee change, you should cease to use our services. However, if you continue to use our services, you agree to pay the fees listed on the Service Fees page.
A. Rules
You must follow these rules and must not help or induce others to break or circumvent these rules.
B. Reporting Violations
If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Xtraspots. In addition, if you believe that a Member, Listing or Content has violated our Standards, you should report your concerns to Xtraspots. If you reported an issue to local authorities, Xtraspots may request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report.
C. Copyright Notifications
If you believe that Content on the Xtraspots Platform infringes copyrights, please notify us.
A. Term
The agreement between you and Xtraspots reflected by these Terms is effective when you access the Xtraspots Platform (for example, to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.
B. Termination
We may or suspend or terminate your account or your access to any Marketing Services, at any time for any reason. We may add or remove, suspend, stop, delete, discontinue or impose conditions on Services or any feature or aspect of a Service. We will take reasonable steps to notify you of terminations or changes. You may also terminate the Terms, as amended and applicable to you by deactivating your account at any time and by ceasing to use the Marketing Services and Xtraspots Platform.
C. Member Violations
(1) If (i) you breach these Terms, our Additional Legal Terms, Policies, or our Standards, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) Xtraspots believes it is reasonably necessary to protect Xtraspots, its Members, or third parties; Xtraspots may, with or without prior notice:
(2) For minor violations or where otherwise appropriate as Xtraspots determines in its sole discretion, you will be given notice of any intended measure by Xtraspots and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting customer service. If a Booking is cancelled under this Section, the amount paid to the Owner will be reduced by the amount we refund or otherwise provide to the Guest, and by any other costs, we incur as a result of the cancellation.
D. Legal Mandates
Xtraspots may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures describe herein.
E. Effect of Termination
If you are an Owner and terminate your Xtraspots account, any confirmed Booking(s) will be automatically cancelled and your Guests will receive a full refund. If you terminate your account as a Guest, any confirmed Booking(s) will be automatically cancelled and any refund will depend upon the terms of the cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Xtraspots Platform has been limited, or your Xtraspots account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Xtraspots Platform through an account of another Member.
Terms, which by their nature should survive termination, including all Terms necessary for the enforcement of our rights and your obligations, shall survive the termination of these Terms.
Xtraspots may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Xtraspots Platform and update the “Last Updated” date at the top of these Terms. For any Member who has provided us with a valid, current email address, we will also provide those Members with notice of any material changes by email at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Xtraspots Platform will constitute acceptance of the revised Terms.
We do not negotiate terms of licenses or settle disputes between Members of the Xtraspots Platform. If there is a dispute between Members or between Members and a third party, you understand and agree that we are under no obligation to become involved. You further agree that you are responsible for your own conduct, and we cannot be liable for any dispute that arises between you and another Member. We reserve the right, but not the obligation, to monitor disputes between you and other Members.
We offer you the right to use a platform that enables Members to publish, offer, search for, and book Charging Services. While we work hard to ensure our Members have great experiences using Xtraspots, we do not and cannot control the conduct of Guests and Owners. You acknowledge that Xtraspots has the right, but does not have any obligation, to monitor the use of the Xtraspots Platform and verify information provided by our Members. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Xtraspots Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Members acknowledge and agree that Xtraspots administers its Terms, including decisions about whether and how to apply them to a particular situation, at its sole discretion. Members agree to cooperate with and assist Xtraspots in good faith, and to provide Xtraspots with such information and take such actions as may be reasonably requested by Xtraspots with respect to any investigation undertaken by Xtraspots regarding the use or abuse of the Xtraspots Platform. Xtraspots is not acting as an agent for any Member.
We provide the Xtraspots Platform and all Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest, Owner, Charging Service, Parking Space, Listing or third party;(ii) we do not warrant the performance or non-interruption of the Xtraspots Platform; and (iii) we do not warrant that verification, identity or background checks conducted on Listings or Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member or Listing being "verified" (or similar language) indicate only that the Member or Listing or Xtraspots has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.
To the maximum extent permitted by applicable law, you agree to release, defend(at Xtraspots’s option), indemnify, and hold Xtraspots (including Xtraspots Payments, other affiliates, and their personnel) 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: (i) these Terms (including any supplemental or additional terms that apply to a product or feature) or our Additional Legal Terms, Policies or Standards, (ii) your use of the Xtraspots Platform, (iii) your interaction with any Member, Booking, use of a Parking Space or Charging Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collector remit taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.
If you reside or have your place of establishment in the United States, these Terms will be interpreted in accordance with the laws of the State of New York and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement in Section 21 must be brought in New York, New York, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in New York, New York.
A. Application
This Arbitration Agreement only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against Xtraspots in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.
B. Dispute Resolution Process
Xtraspots is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section applies: (1) an informal negotiation directly with Xtraspots’s customer service team (described below), and if necessary (2) a binding arbitration administered by either New Era ADR (“New Era”) or the American Arbitration Association (“AAA”). You and Xtraspots each retain the right to seek relief in small claims court as an alternative to arbitration.
C. Mandatory Pre-Arbitration Dispute Resolution and Notification
At least 30 days prior to initiating an arbitration, you and Xtraspots each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to Xtraspots by mailing it to Xtraspots’ agent for service: 125 Lockwood Ave., Yonkers, NY 10701. Xtraspots will send its notice of dispute to the email address associated with your Xtraspots account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration with the AAA or New Era ADR and providing a copy to the other party or taking other actions specified in the AAA Rules or the New Era Rules.
D. Agreement to Arbitrate
You and Xtraspots mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Xtraspots Platform, Charging Service, Parking Place, or any Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Xtraspots agree that the arbitrator will decide that issue.
E. Exceptions to Arbitration Agreement
You and Xtraspots each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief; or(iv) any individual claim of sexual assault or sexual harassment arising from your use of the Xtraspots Platform, a Parking Place, or Charging Service. You and Xtraspots agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.
F. Arbitration Rules and Governing Law
This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA or New Era in accordance with either the Consumer Arbitration Rules, New Era Rules, and/or other AAA arbitration rules determined to be applicable by the AAA (the “Arbitration Rules“) then in effect, except as modified here. The Arbitration Rules are available at www.adr.org and https://www.neweraadr.com/rules-and-procedures/.
G. Jury Trial Waiver
IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES NOT APPLICABLE THEN EACH PARTY, (i) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE ARISING OUT OF OR RELATING TO THESE TERMS OR THE XTRASPOTS PLATFORM OR ANY OTHER MATTER INVOLVING THE PARTIES, AND (ii) SUBMITS TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE FEDERAL OR STATE COURTS LOCATED IN NEW YORK, NEW YORK AND EACH PARTY AGREES NOT TO INSTITUTE ANY SUCH ACTION OR PROCEEDING IN ANY OTHER COURT IN ANY OTHER JURISDICTION
H. No Class Actions or Representative Proceedings
You and Xtraspots acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
I. Severability
In the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.
J. Survival
This Section will survive any termination of these Terms and will continue to apply even if you stop using the Xtraspots Platform or terminate your Xtraspots account.
You represent and warrant to us that:
We may outsource to, or otherwise subcontract with, third parties for the performance of any of our duties under these terms and conditions, including, but not limited to, Stripe, Inc. (each such party, a “Service Provider”). We may partner with Stripe, Inc. or another Service Provider, for example, to facilitate payments for Reservations and our associated fee from Guests to Owners. In the event that we utilize such Service Providers, those Service Providers may require you to comply with other agreements or terms and conditions.
A. Partner Referrals
We may from time-to-time partner with third parties (“Partner”), and Reservations purchased on Partner websites are not refundable for any reason.
B. Promotional Marketing Incentives
We may, from time to time, issue promotional marketing incentives in the form of promotional codes, promotional discounts, coupon codes, referral credits, or other marketing incentives, including, but not limited to, concession or courtesy credits issued by our customer service team (“Marketing Incentives”). The Marketing Incentives are given for no exchange of value or other consideration and you therefore have no ownership interests or rights in the Marketing Incentives. For this reason, we reserve the right to deactivate any Marketing Incentive at any time and for any reason, including, but not limited, to mistake, failure to maintain an updated online account, unauthorized use or suspicion of fraud or abuse of any promotional program or Marketing Incentives. Further, we reserve the right to terminate or discontinue any promotional program or other program offering Marketing Incentives at any time.
C. Referral Program(s) and Rewards Program(s)
We may offer a referral program (“Referral Program”) or rewards program (“Rewards Program”) in our sole discretion. Any Referral Program or Rewards Program will be subject to additional terms and conditions provided to you and may be terminated or discontinued at any time.
A. Interpretation of Terms
Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, the Terms (including those items incorporated by reference) constitute the entire agreement between Xtraspots and you pertaining to your access to or use of the Xtraspots Platform and supersede any and all prior oral or written understandings or agreements between Xtraspots and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Xtraspots. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Where the word “will” is used in these Terms it connotes an obligation with the same meaning as “shall.”
B. No Waiver
Xtraspots’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
C. Assignment
You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without Xtraspots's prior written consent. Xtraspots may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion.
D. Notice
Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by Xtraspots via email, Xtraspots Platform notification, messaging service (including SMS and other similar services), or any other contact method we enable and you provide.
E. Third-Party Services
The Xtraspots Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. Xtraspots is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.
F. Google Terms
Some translations on the Xtraspots Platform are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. Some areas of the Xtraspots Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
G. Apple Terms
If you access or download our application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.
H. Xtraspots Platform Content
Content made available through the Xtraspots Platform may be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of Xtraspots and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the Xtraspots Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Xtraspots grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Content made available on or through the Xtraspots Platform and accessible to you, solely for your personal and non-commercial use.
I. Force Majeure
Xtraspots shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
J. Emails and SMS
You will receive administrative communications from us using the email address or other contact information you provide for your Xtraspots account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You consent to accept and receive communications from us, including e-mail, text messages, calls, and push notifications to the cellular telephone number and e-mail address you provide to us when you sign-up for an account. Such communications may include, but are not limited to, receipts, reminders, notifications regarding updates to your account or account support, and marketing or promotional communications. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Platform or Marketing Services. Call and text message communications may be generated by automatic telephone dialing systems. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you. You may opt-out of receiving promotional email communications we send to you by following the unsubscribe options on such emails. You may opt out of any promotional phone calls by informing the caller that you would not like to receive future promotional calls. You may only opt-out of text messages from us by replying STOP. You acknowledge that opting out of receiving communications may impact your use of the Platform or Marketing Services. For example, you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have an Xtraspots account. In the U.S. if you consent to receive SMS (text messages) from us, you will be subject to our SMS Terms.
K. Electronic Signatures
Your use of the Platform includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
L. Contact Us
If you have any questions about these Terms please email us at: info@xtraspots.com
M. Corporate Headquarters
Xtraspots, 500 Howe Ave Suite 202B, Shelton, CT 06484
A. Searching
You can search for Parking Spaces by using criteria like areas, dates, and number of parking spaces. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, Reviews, cancellation history, popularity, saved Listings, and more.
B. Booking
When you book a Listing, you agree to pay all charges for your Booking, including the Listing price, applicable fees like Xtraspots’ service fee, offline fees, taxes, and any other items identified during checkout(collectively, “Total Price”). When you receive the booking confirmation, a Member Agreement for the Parking Space or Charging Service (a "Reservation") is formed directly between you and the Owner. In addition to these Terms, you will be subject to, and responsible for complying with, all terms of the Reservation, including, without limitation, the cancellation policy, and any other rules, standards, policies, or requirements identified in the Listing or during checkout that apply to the Reservation. It is your responsibility to read and understand these rules, standards, policies, and requirements prior to booking a Listing.
C. Reservations
A Reservation is a limited license to enter, occupy, and use the Parking Space and/or Charging Service. The Owner retains the ownership of the Parking Space and any related charging facilities and may reclaim occupancy during your use, to the extent: (i) it is reasonably necessary, (ii)permitted by your Member Agreement with the Owner, and (iii) consistent with applicable law. If you park past checkout, the Owner has the right to remove your vehicle in a manner consistent with applicable law, including by imposing reasonable over park penalties.
A. Cancellations, Travel Issues, and Refunds.
In general, if as a Guest, you cancel a Reservation, the amount refunded to you is determined by the Cancellation Policy that applies to that Reservation. But in certain situations, other policies take precedence and determine what amount is refunded to you. If something outside your control forces you to cancel a Reservation, you may be eligible for a partial or full refund. If the Owner cancels, you may be eligible for rebooking assistance or a partial or full refund.
B. Booking Modifications.
Guests and Owners are responsible for any booking modifications they agree to make via the Xtraspots Platform or direct Xtraspots customer service to make on their behalf ("Booking Modifications"), and agree to pay any additional amounts, fees, or taxes associated with any Booking Modification.
A. Your Responsibilities
You are responsible and liable for your own acts and omissions. For example, this means: (i) you are responsible for leaving a Parking Space (and related personal property) in the condition it was in when you arrived, (ii) you are responsible for paying all reasonable Damage Claim amounts necessary to cover damage that you caused to a Parking Space (and related personal property), and (iii) you must act with integrity, treat others with respect, and comply with applicable laws at all times.
B. Your Assumption of Risk
You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Xtraspots Platform and any Content, including your use of any Parking Space, use of Charging Services, or any other interaction you have with other Members whether in person or online. This means it is your responsibility to investigate a Listing to determine whether it is suitable for you.
A. Owner
As an Owner, Xtraspots offers you the right to use the Xtraspots Platform to share your Parking Space or other Charging Service with the Guests.
B. Contracting with Guests
When you accept a booking request, or receive a booking confirmation through the Xtraspots Platform, you are entering into a contract directly with the Guest, and are responsible for delivering your Parking Space or Charging Service under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees like Xtraspots’ service fee (and applicable taxes) for each booking. Xtraspots Payments will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms, policies or conditions that you include in any supplemental contract, the Member Agreement, with Guests must: (i) be consistent with these Terms, our Additional Legal Terms, Policies, and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.
C. Independence of Owners
Your relationship with Xtraspots is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Xtraspots. Xtraspots does not direct or control your Parking Space or Charging Service, and you agree that you have complete discretion whether and when to provide the Parking Space or Charging Services, and at what price and on what terms to offer them.
A. Creating and Managing Your Listing
The Xtraspots Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Parking Space or Charging Service, your price, and any rules or requirements that apply to your Listing. You are responsible for keeping your Listing information (including calendar availability) and content(like photos) up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your Parking Space or Charging Service and suggest you carefully review policy terms and conditions, including coverage details and exclusions. You may only maintain one Listing per Parking Space, but may have multiple Listings for a single property if it has multiple places to park.
B. Know Your Legal Obligations
You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing. For example: Some landlords and leases, or homeowner and condominium association rules, restrict or prohibit subletting. Some cities have zoning or other laws and restrictions. Some jurisdictions require Owners to register, get a permit, or obtain a license before providing certain Owner Services. In some places, the Listng you want to offer may be prohibited altogether. Check your local rules to learn what rules apply to the Listing, Parking Space, or Charging Service you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using the personal data of Guests and others in compliance with applicable privacy laws and these Terms, including our Privacy Policies. If you have questions about how local laws apply you should always seek legal advice.
C. Your Responsibilities
You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Parking Space or Charging Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the Xtraspots Platform.
D. Owner as a Team or Organization
If you work with a co-owner or owner as part of a team, business, or other organization, the entity and each individual who participates in providing Parking Space(s) and/or Charging Services is responsible and liable as an Owner under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the law of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct Xtraspots or its service providers to transfer a portion of your payout to a co-owner or other owners, or to send payments to someone else, you must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide.
E. Your Assumption of Risk
You acknowledge that Owner carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the Xtraspots Platform, offering Parking Space(s) and/or Charging Services, or any interaction you have with other Members whether in person or online. You agree that you have had the opportunity to investigate the Xtraspots Platform and any laws, rules, regulations, or obligations that may be applicable to your Listings or Charging Services and that you are not relying upon any statement of law made by Xtraspots.
A. Cancellations and Travel Issues
In general, if a Guest cancels a Reservation, the amount paid to you is determined by the cancellation policy that applies to that Reservation. As an Owner, you should not cancel on a Guest without a valid reason under our Cancellation Policy or applicable law. If you cancel on a Guest without such a valid reason, we may impose a cancellation fee and other consequences. If: (i) a Guest experiences a Travel Issue, (ii) extenuating circumstance arise, or (iii) a Reservation is canceled under this Agreement, the amount you are paid will be reduced by the amount we refund or otherwise provide to the Guest, and by any other reasonable costs, we incur as a result of the cancellation. If a Guest receives a refund after you have already been paid, or the amount of the refund and other costs incurred by Xtraspots exceeds your payout, Xtraspots (via Xtraspots Payments) may recover that amount from you, including by offsetting the refund against your future payouts. You agree to follow Xtraspots’ Refund Policy. If we reasonably expect to provide a refund to a Guest under one of these policies, we may delay release of any payout for that Reservation until a refund decision is made.
B. Booking Modifications
Owners and Guests are responsible for any Booking Modifications they agree to make via the Xtraspots Platform or direct Xtraspots customer service to make on their behalf, and agree to pay any additional amounts, fees, or taxes associated with a Booking Modification.
A. Owner Taxes
As an Owner, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income, or other taxes ("Taxes").
B. Collection and Remittance by Xtraspots
In jurisdictions where Xtraspots facilitates the collection and/or remittance of Taxes on behalf of Owners, you instruct and authorize Xtraspots to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by Xtraspots are identified to Members on their transaction records, as applicable. Xtraspots may seek additional amounts from Members (including by deducting such amounts from future payouts) in the event that the Taxes collected and/or remitted are insufficient to fully discharge that Members’ tax obligations, and you agree that your sole remedy for Taxes collected by Xtraspots is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Members, to cease the collection and remittance of Taxes in any jurisdiction for any reason.
C. Taxes Information
In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that Xtraspots may issue on your behalf invoices or similar documentation for VAT, GST, consumption or other Taxes for your Parking Space(s) and/or Charging Services to facilitate accurate tax reporting by you, our Guests, and/or their organizations.
