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User Terms & Conditions

Spot On Program User Terms and Conditions (Last modified 20 April 2015)


 


These Terms of Use (“Agreement”) sets forth a legally binding agreement between you and 


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 


REASON.


 


On certain areas of this Platform, you may be given the ability to provide us with personally 


identifiable information. Please read our Privacy Policy for more information about our 


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.


 


University Content


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 


information in compliance with our Privacy Policy. You grant the University the permission to 


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.


 


Wallet Accounts


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 


MasterCard.


 


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.


 


Company Affiliates.


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.


 


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.


 


Assignment


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 


the device.


 


General Information


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 info@gopassport.com.

© 2015 Michigan State University. All rights reserved.