User Terms & Conditions
Spot On Program User Terms and Conditions (Last modified 20 April 2015)
PassportParking, Inc. (“the Company”). This web site or application, including any software
(including, without limitation, software, code, files, images, contained in or generated by the
software, accompanying data, Boot ROM code and other embedded software), documentation
and any accompanying fonts (collectively, the “Platform”) is provided pursuant to this
Agreement. By accessing this Platform in any way, including, without limitation, browsing this
Platform, using any information, and/or submitting information to the University, you agree to
and are bound by the terms, conditions, policies and notices contained in this Agreement),
including, but not limited to, conducting this transaction electronically, disclaimers of
warranties, damage and remedy exclusions and limitations, and a choice of New York law.
Please read this Agreement carefully before using this Platform.
From time to time we may update this Platform and this Agreement. Your use of this Platform
after we post any changes to this Agreement constitutes your agreement to those changes.
You agree to review this Agreement periodically to ensure that you are familiar with the most
recent version. The University may, in its sole discretion, and at any time, discontinue this
Platform or any part thereof, with or without notice, or may prevent your use of this Platform
with or without notice to you. You agree that you do not have any rights in this Platform and
The University will have no liability to you if this Platform is discontinued or your ability to
access the Platform is terminated. You further agree that the University will not be liable for
any modification or suspension of the Platform.
Please read this Agreement carefully before using the Platform. If you do not agree to the
terms contained in this Agreement, then you may not use the Platform. Your use of the
Platform constitutes your acknowledgment that you have the legal authority to bind yourself
or any party you represent to, and your acceptance of, this Agreement. You acknowledge that
you have read and agree to be bound by this Agreement and to comply with all applicable laws,
regulations and/or rules with regard to your use of the Platform. You represent that you have
the legal authority to bind yourself or any party you represent to this Agreement.
YOU MAY NOT USE THE PLATFORM FOR ANY PURPOSE THAT IS UNLAWFUL OR
PROHIBITED BY THIS AGREEMENT. YOUR ACCESS TO THE PLATFORM MAY BE
TERMINATED IMMEDIATELY IN THE UNIVERSITY’S SOLE DISCRETION, WITH OR
WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS
AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO
On certain areas of this Platform, you may be given the ability to provide us with personally
information collection and use practices.
Grant of License
The Platform is licensed to you by the University subject to the terms of this Agreement.
Neither title nor any intellectual property rights are transferred to you, but rather remain with
the University or its licensors, who own full and complete title, and the University and
respective licensors reserve all rights not expressly granted to you. The rights granted herein
are non-transferable, and are limited to the University’s intellectual property rights in the
Platform and do not include any other patents or intellectual property rights. This Agreement
does not grant you any rights to use the University proprietary interfaces and other
intellectual property in the design, development, manufacture, licensing or distribution of
third-party devices and accessories for use with the Platform. Any use of the Platform in any
manner not allowed under this Agreement is prohibited. This Agreement does not entitle you
to receive and does not obligate the University to provide hard-copy documentation, support,
telephone assistance, or enhancements or updates to the Platform. You may not modify, alter,
copy, publicly display or perform, distribute, create derivative works, of the Platform.
Your rights under this Agreement will terminate automatically without notice from the
University if you fail to comply with any term(s) of this Agreement. Upon the termination of
this Agreement, you shall cease all use of the Platform and delete all copies of the Platform
from your mobile device and account.
The University provides this Platform to you, subject to this Agreement. This Platform, and any
services performed, provided or enabled by or through this Platform and all the information,
communications, scripting, photos, text, video, graphics, music, sounds, images, trademarks,
logos, product and program names, and other materials and complications of the foregoing,
that may be provided to you via this Platform (collectively “Content”) by the University or its
content providers, are the property of the University and its content providers, and is
protected in the U.S. and internationally under trademark, copyright, and other intellectual
property laws, and are intended for the lawful use by registered users (as applicable) of this
Platform. You represent and warrant that you will use the Platform and Content only for the
purposes permitted herein, that all information you submit is accurate and otherwise complies
with this Agreement, and that you will promptly notify the University if any of your information
changes. The University makes no representation that the Platform or Content are
appropriate or available for use in particular locations.
You agree not to download, display or use any Content in any other manner that is likely to
cause confusion among consumers, that disparages or discredits the University and/or its
licensors, that dilutes the strength of the University or its licensors’ property, or that otherwise
infringes the University or its licensors’ intellectual property rights.
Accounts, Security, & Passwords
Certain areas of the Platform may require registration or may otherwise ask you to provide
information to participate in certain features or access certain content. If you elect not to
provide such information, you may not be able to access certain content or participate in
certain features of the Platform.
Where the Platform requires you to open an account or otherwise submit information, you
must complete the specified process by providing us with current, complete, and accurate
information as requested by the applicable registration form. It is your responsibility to
maintain the currency, completeness, and accuracy of your registration data, including, without
limitation, your name, address, license plate number, mobile telephone number, business
details (if relevant), email address and method of payment details. After you have fully
completed the registration form, you may be asked to choose a password and a user name. It is
entirely your responsibility to maintain the confidentiality of your password and account.
Additionally, you are entirely responsible for any and all activities that occur under your
account. You agree to notify the University immediately of any unauthorized use of your
account. You further agree not to email, post, or otherwise disseminate any user ID, password,
PIN, or other information which provides you access to the Platform. The University is not
liable for any loss that you may incur as a result of someone else using your password or
account, either with or without your knowledge.
You agree that the University may collect and use technical and usage data and related
use this information to improve its products or to provide services or technologies to you.
Use of Parking Payment Services
You activate the parking payment services (“Parking Services”) by either: (a) using the Spot On
mobile app, (b) calling a phone number provided on Spot On signage or (c) accessing our
website at Spot On.com either on your desktop or mobile browser.
You are responsible for correctly entering the relevant parking zone number, which is
indicated on the sign on the same side of the street and on the same block where your vehicle is
parked. The parking zone number informs us of the rate to charge you for your parking and of
any time restrictions on the amount of time you are permitted to park your vehicle in that zone.
You are responsible for checking and verifying the side of the street and the block on which are
parked for any permanent or temporary parking restrictions posted. Note that use of the
Parking Services does not guarantee you a parking space and you may only activate the
Parking Services after you have found an available space.
All notices and signs or directions made by relevant government authorities, traffic attendants
or authorized persons (e.g., the suspension of a parking space) shall take precedence over any
information that you receive from the University if for any reason the information is
inconsistent. All applicable parking regulations apply to you and your use of the Parking
Services does not exempt you from following such rules. Parking rates may be subject to
change and it is your responsibility to ensure that you are paying at the then current parking
rate. You agree to pay all fees for Parking Services provided to you pursuant to this Agreement.
The University shall process the parking fee from the funds available in your pre-funded
account and/or charging your stored method of payment to replenish your account funds at
the time of your parking transaction. You must have a valid method of payment registered and
sufficient funds in your pre-funded account, or suspension of Parking Services may occur.
You know that the University has validly accepted your parking transaction when you have
received confirmation. You are responsible for ensuring that you have properly activated the
Parking Services for the relevant parking zone before you leave your vehicle unattended. You
are responsible for any fine, ticket, or penalty charge issued between the time of parking the
vehicle and the notification via mobile telephone or Internet that the vehicle is validly parked.
In the event that the Platform is unavailable, you are not excused from paying for parking for
time spent in the associated parking stall and facility.
The University is not responsible for any fines, parking tickets, penalty notices and the
enforcement of vehicle parking related offenses you incur or receive regardless of whether or
not you receive any notification via the Platform that the vehicle is validly parked. You are
solely responsible for resolving with the relevant authorities any issues that you may have
regarding the issuance of fines, parking tickets, penalty notices or your vehicle being
impounded. If you authorize the University to contact the relevant authorities on your behalf
regarding the issuance of fines, parking tickets or penalty notices, you acknowledge and agree
that in such cases, the University may provide all or a portion of your information collected by
the University to the relevant authorities. In addition, in the event that you fail to pay any
amounts owing for the Parking Services (whether due to a declined credit card or other
circumstances), then the University, upon the reasonable request of the relevant authorities,
may provide all or a portion of your information collected by the University to such authorities,
which you acknowledge and agree that they may use solely for purposes of collecting or
attempting to collect any unpaid amounts owed by you.
If you do not use the Platform account for 2 years, the University may close your account. If
your account is closed for any reason including for inactivity, The University will refund any
remaining balance after all pending parking transactions are cleared to the payment method on
file at the time. In the event a refund cannot be refunded to the payment method, you must
contact the University for alternative ways to receive any applicable refund. Please allow up to
6 weeks for refunds to be processed.
You will have the option to prepay funds into a wallet account for the payment of future
parking fees in spaces owned by Michigan State University. The funds will be held by Michigan
State University, and the wallet account will have a minimum starting balance of ten dollars
($10.00). You be notified when the wallet account’s balance falls to or below zero dollars
($0.00). You will be able to fund the Wallet using the following major credit card: Visa and
Use of the Platform
The following requirements apply to your use of the Platform:
• You will not use any electronic communication feature of the Platform for any purpose that is
unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory,
embarrassing, obscene, threatening, or hateful.
• You will not use the Platform for any commercial purpose not expressly approved by the
University in writing.
• You will not upload or otherwise transmit any material that contains viruses or any other
computer code, files, or programs which might interrupt, limit, or interfere with the
functionality of any computer software or hardware or telecommunications equipment.
• You will not rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise
make available the Platform or any features or functionality of the Platform, to any third party
for any reason, including by making the Platform available on a network where it is capable of
being accessed by more than one device at any time
• You will not make the Platform available over a network where it could be used on multiple
devices at the same time.
• You will not remove, delete, alter or obscure any trademarks or any copyright, trademark,
patent or other intellectual property or proprietary rights notices from the Platform, including
any copy thereof.
• You will not collect or store personal data about other users.
Except as and only to the extent permitted by applicable law, you may not copy, decompile,
reverse engineer, disassemble, attempt to derive the source code of, modify, or create
derivative works of the Platform or any part thereof. Any attempt to do so is a violation of the
rights of the University and its licensors of the Platform. If you breach this restriction, you may
be subject to prosecution and damages. By storing content on your device, you are making a
digital copy. In some jurisdictions, it is unlawful to make digital copies without prior permission
from the rights holder.
Intellectual Property Ownership
There are a number of trademarks, logos, service marks, slogans, product names and
designations and other proprietary indicia (collectively “Trademarks”) used in the Platform and
in the Content. By making these Trademarks available through the Platform and in the
Content, the University is not granting you a license to use them in any fashion, and you are not
granted any license under any of the University’s or any third party’s Trademarks or other
intellectual property rights, except as specifically set forth in this Agreement. No Spot On
service marks may be used as a username, icon, identifier, hyperlink or in any other manner
without the University’s prior written permission.
The Platform, Content, and the selection, coordination, and arrangement thereof, is owned
either by the University, or its respective licensors. The unauthorized copying, displaying,
selling, distributing or other use of any Content or Platform is a violation of the law. You
acknowledge having been advised by the University that the Content and Platform is
protected in the U.S. and internationally by a variety of laws, including but not limited to,
copyright laws and treaty provisions, trademark laws, patent laws and other intellectual
property and proprietary rights laws.
Representations, Disclaimer of Warranties, and Limitations of Liability
The University and its parents, subsidiaries, officers, employees, and contractors and each of
their officers, employees and agents (collectively, “University Affiliates”) make no
representation or warranty whatsoever regarding the completeness, accuracy, timeliness or
adequacy of any information, facts, views, opinions, statements or recommendations contained
on the Platform. Reference to any product, process, publication or service of any third party by
trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not
constitute or imply its endorsement or recommendation by Michigan State University
Government or PassportParking, Inc.
The Internet may be subject to breaches of security. The Company and the Company Affiliates
are not responsible for any resulting damage to any user’s device or computer from any such
security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error,
omission, interruption, deletion, defect, delay in operation or transmission, computer line
failure or any other technical or other malfunction. You should also be aware that e-mail and
other submissions over the Internet may not be secure, and you should consider this before e-
mailing the Company or Company Affiliates any information or posting information to the
Platform. The Company and Company Affiliates make no representation or warranty
whatsoever regarding the suitability, functionality, performance, availability or operation of
the Platform. This Platform may be temporarily unavailable due to maintenance or malfunction
of computer equipment.
THE PLATFORM (INCLUDING ALL APPLICATION PLATFORM UPDATES) AND THE
CONTENT ARE MADE AVAILABLE ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL
FAULTS” BASIS. THE COMPANY AND THE COMPANY AFFILIATES SPECIFICALLY
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
THE WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE PLATFORM AND THE
CONTENT. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED
IN OR SERVICES PERFORMED, PROVIDED OR ENABLED BY OR THROUGH THE
PLATFORM (INCLUDING ANY APPLICATION PLATFORM UPDATES) WILL MEET YOUR
REQUIREMENTS, THAT THE OPERATION OF THE PLATFORM, (INCLUDING ANY
APPLICATION PLATFORM UPDATES) WILL BE UNINTERRUPTED OR ERROR-FREE, OR
THAT DEFECTS IN THE PLATFORM (INCLUDING ANY APPLICATION PLATFORM
UPDATES) WILL BE CORRECTED.
No oral or written information or advice given by the Company or an authorized
representative shall be deemed to alter this disclaimer of warranty, or to create any warranty.
Should the Platform prove defective, you assume the entire cost of all necessary servicing,
repair or correction.
YOU AGREE THAT THE COMPANY AND COMPANY AFFILIATES ARE NOT LIABLE TO YOU
FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY
OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT,
INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED
TO YOUR USE OF THE PLATFORM., EVEN IF THE COMPANY OR COMPANY AFFILIATES
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN
WARRANTIES AND CONDITIONS, OR THE DISCLAIMER OF SOME TYPES OF DAMAGES,
SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
BY ACCESSING THIS PLATFORM, REGISTERING WITH THE PLATFORM AND/OR
ACCEPTING ANY INFORMATION FROM THIS PLATFORM YOU AGREE TO INDEMNIFY,
DEFEND AND HOLD THE COMPANY AND COMPANY AFFILIATES HARMLESS FROM AND
AGAINST ANY ACTUAL OR ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION,
JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF
DEFENSE (INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS) ARISING
OUT OF OR RELATING TO: (A) YOUR BREACH OF THIS AGREEMENT; (B) YOUR
VIOLATION OF ANY LOCAL, STATE, FEDERAL OR INTERNATIONAL LAW, RULE OR
REGULATION; (C) ANY MISREPRESENTATION MADE BY YOU; (D) THE THEFT,
MISAPPROPRIATION OR DISCLOSURE OF YOUR USERNAME/PASSWORD/PIN; (E) YOUR
AUTHORIZATION OF ANYONE ELSE TO USE YOUR PASSWORD. YOU WILL COOPERATE
AS FULLY AND AS REASONABLY REQUIRED IN THE COMPANY’S DEFENSE OF ANY
CLAIM. THE COMPANY RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE
EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO
INDEMNIFICATION BY YOU, AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY MATTER
WITHOUT THE WRITTEN CONSENT OF THE COMPANY.
Mobile Service, Text Message, Internet & Service Fees
The use of the Platform may require use of a mobile device and phone service, wireless mobile
data service, and text messaging capability, which must be obtained from your wireless carrier,
and may require Internet access, which must be obtained from your service provider; you are
responsible for obtaining and paying for such additional services and obtaining a suitable
device, including without limitation all usage charges related thereto. You may be required to
send and receive, at your cost, electronic communications related to the Platform, including
without limitation, administrative messages, service announcements, and diagnostic data
reports, from the Company, your mobile carrier or third party service providers.
If you agree to receive text messages from the Platform, the frequency of messages will vary
based on your parking activity. Certain texts are required to use the Platform, including
verification texts. Message and data rates may apply from your mobile carrier. By providing
your consent to participate in this program, you approve any such charges from your mobile
carrier. If you do not have an unlimited wireless mobile data plan or text messaging capability,
you may incur additional charges from your wireless service in connection with your use of the
Platform. You are solely responsible for obtaining any additional subscription or connectivity
services or equipment necessary to access the Platform, including but not limited to payment
of all third party fees associated therewith, including fees for information sent to or through
The Platform may not work with all devices or all mobile carriers. The Company makes no
representations that the Platform will be compatible with or provided by all mobile carriers. In
the event that fees are charged for the Platform, or other third party service providers charge a
fee for the products or services they provide, you agree to pay such fee to the respective party
in exchange for your continued use of such products or services. Some services may be subject
to different or additional terms (including fees), which you will be required to agree to prior to
your use of such services.
The information in any Platform message may be subject to certain time lags and/or delays.
You are responsible for managing the types of SMS texts you receive. If you have any questions
or need help, text HELP to the phone number provided on Spot On signage. You can deactivate
your account at any time at www.Spot On.com.
Users of the Apple Platform
If you download and use the iOS Platform: You, the end-user of the Platform, acknowledge that
the Agreement is entered into by and between the Company and you and not with Apple, Inc.
Notwithstanding the foregoing, you acknowledge that Apple, Inc. and its subsidiaries are third-
party beneficiaries of this Agreement and that Apple, Inc. has the right (and is deemed to have
accepted the right) to enforce this Agreement. You acknowledge that Apple, Inc. has no
obligation whatsoever to furnish any maintenance and support services with respect to the
Platform. You acknowledge that you have reviewed the App Store Terms and Conditions
(located online at http://www.apple.com/legal/itunes/us/terms.html#APPS). This Agreement
incorporates by reference the Licensed Application End User License Agreement (the
“LAEULA”) published by Apple, Inc. (located online at
http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of this Agreement,
the Platform is considered the “Licensed Application” as defined in the LAEULA and the
Company is considered the “Application Provider” as defined in the LAEULA. If any terms of
this Agreement conflict with the terms of the LAEULA, the terms of this Agreement shall
control. You further acknowledge and agree that in no event will Apple, Inc. be responsible for
any claims relating to the Platform (including, without limitation, a third party claim that the
Platform infringes that third party’s intellectual property rights) or your use or possession of
the Platform, including but not limited to: (i) product liability claims; (ii) any claim that the
Platform fails to conform to any applicable legal or regulatory requirement; and (iii) claims
arising under consumer protection or similar legislation.
Links to Third-Party Websites, Applications, and Services
The Platform may provide connectivity or links to other third-party services, websites,
applications, software, and other content from third-party providers such as social media
partners, wireless carriers, and third-party software application developers (“Third-Party
Services”). The Platform may allow you to add/configure certain Third-Party Services to your
device. The Company has no control over, makes no representations or warranties
whatsoever about any of the Third-Party Services that you may access, is not responsible for
the availability of such Third-Party Services, and does not endorse nor is responsible or liable
for any content or other materials on or available from such Third-Party Services. Your use of
the Third-Party Services may be subject to additional terms, including software license terms,
of those third parties.
Users who utilize the Third-Party Services should be aware that account and other personal
information held by those third parties may be transmitted through and stored on the
Company servers and/or applications located in the United States and elsewhere. You
understand and agree that the companies that provide the Third-Party Services may access,
use and share certain information about you, if you use the Third-Party Services. You
understand and agree the Company is not responsible for these companies, or their use of any
other of your information. Your use of the Third-Party Services is at your own risk.
The Company may assign this Agreement in whole or in part, at any time with or without notice
to you. You may not assign this contract, or any part of it, to any other person. Any attempt by
you to do so is void. You may not transfer to anyone else, either temporarily or permanently,
any rights to use all or any part of the Platform. To the extent that you allow a third party to
use your device, you shall remain solely responsible for the use of the Platform by others using
You may also be subject to additional terms and conditions (including, but not limited to, terms
and conditions from your wireless carrier or operator) that may apply to your use of the
Platform. If any provision of this Agreement is held to be invalid by any law, rule, order or
regulation of any government or by the final determination of any state or federal court, such
invalidity shall not affect the enforceability of any other provision of this Agreement. The
failure of the Company to exercise or enforce any right or provision of this Agreement shall not
constitute a waiver of such right or provision.
By using the Platform, you agree that the statutes and laws of the United States and the State
of New York without regard to conflicts of laws principles, will apply to all matters relating to
use of the Platform and the Services, and you agree that any litigation shall be subject to the
exclusive jurisdiction of the state or federal courts in Westchester County, New York, USA.
The United Nations Convention on Contracts for the International Sale of Goods (1980) is
hereby excluded in its entirety from application to this Agreement. You agree that regardless
of any statute or law to the contrary, any claim or cause of action arising out of or related to use
of the Platform or this Agreement must be filed within one (1) year after such claim or cause of
action arose or be forever barred. You further agree that any disputes, claims and causes of
action arising out of or connected with the Platform and/or this Agreement, will be resolved
individually, without resort to any form of class action. The section titles in this Agreement are
for convenience only and have no legal or contractual effect.
In the event of a complaint or concern regarding this Agreement or the Platform, or for more
information, please contact PassportParking, Inc. at 704-837-8066 or email@example.com.