We do not:
By using the Service, you signify your acceptance of and agreement to comply with these Terms and are entering into a legally binding contract. SpaceDerby has the right to strictly enforce these Terms. If you do not accept and agree to the terms of this Agreement, please do not access the Site or use the Services.
By using the Service, you represent and warrant that you are at least 18 years of age and that you are legally able to enter into this Agreement under the current laws of your jurisdiction.
SpaceDerby facilitates the reservation of parking places between those seeking short- term parking (the "Licensees") (collectively referred to herein as "you" or "users") and owners of independently owned and operated parking places (the "Licensors""). You must present the receipt in accordance with instructions included in the reservation to receive your parking space. The parking reservation is valid only for the times listed on the receipt. While SpaceDerby makes every effort to provide accurate information regarding the parking places listed on the Site, your use of the Site or the Services is at your sole risk. SpaceDerby does not set the parking prices, operate the parking lots or determine parking availability. You acknowledge that SpaceDerby pre-negotiates certain parking rates with Licensors to facilitate the booking of reservations on your behalf. The parking rate displayed on the Site is a combination of the pre-negotiated parking rate for parking places reserved on your behalf by SpaceDerby and the transaction fee retained by SpaceDerby to compensate us for our services. You acknowledge that all pricing displayed on our Site is for guaranteed pre-booked parking, and may differ from the drive-up price, if available. Despite our best efforts, errors may occur in the prices of parking listed on the Site. We expressly reserve the right to correct any pricing errors on our Site and/or on pending reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your pending reservation at the correct price, or you may cancel your reservation without penalty. We are under no obligation to provide parking reservations to you at an incorrect (lower) price even after confirmation of your booking.
SpaceDerby is not responsible for any consequences arising from not being able to park, delays associated with parking, road closures or traffic conditions. In all cases the parking arrangement will be governed by the agreement made between the Licensor and the Licensee as posted at the parking lot location or provided to the Licensee by the Licensor. By using the Service, Licensors warrant that they have full authority to lease the parking space they propose to license and that nothing in the Licensor's lease, deed, home owner's insurance or condo association covenants prohibits the Licensor from licensing their parking space.
When a reservation is submitted online, the quoted rate is fixed. The reservation rate, therefore, may not be combined with any additional coupons, special offers, special discounts or other promotion when exiting the parking lot. Licensees agree to abide by the terms and conditions of the purchase imposed by any Licensor with whom a reservation is made, including, without limitation, payment of all amounts when due and compliance with all rules and restrictions imposed by that Licensor. You are responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the Site. SpaceDerby is not responsible in any way for the accuracy or suitability of any payment to any entity on your behalf.
Reservations purchased through the Site are fully refundable up to 24 hours before the start of the reservation unless noted otherwise. Licensees may cancel a reservation for any reason before that time. Within the 24 hours prior to the start of the parking reservation, all reservations are non-refundable regardless of a Licensee's use or non-use of the parking reservation. SpaceDerby understands that many Licensees use the Service to find parking for special events. SpaceDerby reminds Licensees that start times of scheduled events are subject to change, may have open-ended end times and may be canceled. Licensees are bound by the negotiated terms of their agreements with Licensors, as well as the terms of this Agreement, regardless of any change in the event for which they reserved the parking space.
In order to access certain services on the Site, you will be required to register for an account and provide information about yourself (such as identification or contact details) as part of the registration process for interaction on the Site or as part of your continued use of the Site. You agree that any registration information you provide on the Site is accurate. Additionally, you agree that you are responsible for maintaining the confidentiality of passwords associated with any account that you use to access the Services provided by the Site. If you become aware of any unauthorized use of your password or of your account, you agree to notify SpaceDerby immediately at email@example.com. The terms of this section will survive termination of this Agreement and your use of the Service.
Postings to the Site and e-mail delivered to SpaceDerby are not confidential, and SpaceDerby is not liable for any use or disclosure of that information. All communications and other materials you submit to the Site or to SpaceDerby by e-mail (including, without limitation, unsolicited ideas, suggestions, or materials) are the sole and exclusive property of SpaceDerby and may be used by SpaceDerby for any purpose (commercial or otherwise) without further permission or compensation to you.
Information obtained through the Site may not be reliable. SpaceDerby cannot be responsible for the content or accuracy of any information obtained while using the Services and shall not be responsible for any transaction, interaction or contact resulting from the Services.
SpaceDerby retains any and all right, title, and interest in the elements of the Service, including but not limited to all scripts, text, user interface, registered and common law copyrights, registered and common law trademarks, registered and common law service marks, graphics and logos distinctive to the SpaceDerby brand. Permission is granted to electronically copy or print in hard-copy portions of this Site for the sole purpose of using this Site as a consumer resource. For any other purpose, you may not, without SpaceDerby's prior express written consent, use, copy, or otherwise distribute any such elements of the Site or use the information for any commercial purpose or for any public display (commercial or non-commercial). You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may appear within the Site. The terms of this section will survive termination of this Agreement and your use of the Service.
Users of the Service contract for services directly with other users. SpaceDerby is not a party to any contract formed by the use of the Service other than as provided by this Agreement. You agree that you are solely responsible for (and that SpaceDerby has no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for all activities that occur under your account.
BY USING THE SERVICE, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS SPACEDERBY AND ITS AFFILIATES, OFFICERS, LICENSEES, LICENSORS, EMPLOYEES, AGENTS, AND PARTNERS FROM ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, AND EXPENSES INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES, FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM OR IN ANY WAY CONNECTED TO YOUR USE OF THE SERVICE INCLUDING BUT NOT LIMITED TO ANY CLAIMS RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, VIOLATION OF ANY TERM OF THIS AGREEMENT, CONDUCT OR CONTENT OF ANY OTHER USERS OF THE SERVICE, AND UNAUTHORIZED USE OF CONTENT. THESE LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
The Licensor is not responsible for theft, vandalism, acts of god, weather or any damage done by a third party or by the Licensee to the Licensee's vehicle while parked, attempting to park or attempting to exit from the parking space. The Licensee waives all claims of liability against the Licensor for any damage or injury to the Licensee, the Licensee's vehicle, and the Licensee's passenger or passengers that might or does occur while the Licensee is entering, parking, parked in or exiting the parking lot premises. The Licensee takes responsibility for any injuries to parties, or any damage caused to Licensee's property or the property of another caused by the Licensee while on the Licensor's premises. The duration of the reservation is subject to negotiation between users. In the event that the Licensee does not remove his or her vehicle from the parking space within 15 minutes after the reservation's designated end time, the Licensee runs the risk of being towed and accepts full responsibility for costs associated with the tow of the Licensee's vehicle. The terms of this section shall survive termination of this Agreement and your use of the Service.
You agree that the use of the Service is at your own risk. We bear no responsibility for any harm to your computer system, loss of data or other harm that results from your access to or use of the Site. SPACEDERBY provides the Service on an "AS IS" and "AS AVAILABLE" basis WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILIY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SPACEDERBY EXPRESSLY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SERVICE. SPACEDERBY EXPRESSLY DISCLAIMS ANY WARRANTIES FOR ANY SERVICES OR PRODUCTS YOU MAY RECEIVE FROM OTHER USERS OF THE SERVICE.
THESE DISCLAIMERS OF WARRANTY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SpaceDerby does not warrant that (i) the Site or the Services will meet your requirements; (ii) the Site or Service will be uninterrupted, timely, secure or error-free; (iii) the quality of the Services will meet your expectations; or (iv) any errors in the Service or the Site will be corrected. The terms of this section shall survive termination of this Agreement and your use of the Service.
By using the Service, you agree to indemnify SpaceDerby and its affiliates, officers, licensees, licensors, employees, agents, and other partners for any claims or demands (including but not limited to attorney fees and court costs) made by any third party arising from (i) your use of the Service, (ii) your violation of this Agreement or your breach of any representations and warranties herein; (iii) your violation of any third party right including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right by you; and (iv) your use of the Site or Service to interact or communicate with other users and any losses claimed as a result thereof. The terms of this section shall survive termination of this Agreement and your use of the Service.
By using the Service, you agree to the following covenants:
SpaceDerby reserves the right, in its sole discretion and without prior notice, to terminate your account or otherwise limit your use of the Service for any reason including but not limited to any violation of this Agreement. SpaceDerby reserves the right to decide whether your conduct has violated any terms of this Agreement.
SpaceDerby reserves the right, without notice or permission, to remove or otherwise alter any content you submit to the Site.
Users of the Service contract for services directly with other users. SpaceDerby is not a party to any contract formed by the use of the Service other than as provided by this Agreement.
This Agreement is not a contract for employment. No agency relationship exists between you and SpaceDerby or its affiliates, officers, licensees, licensors, employees, agents, and other partners.
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
SpaceDerby's designated Copyright Agent to receive notifications of claimed infringement is Bart Loethen; email: firstname.lastname@example.org; fax: 312.454.0261. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
SpaceDerby reserves the right to modify the terms of, or impose additional terms or conditions to, this Agreement without notice and in its sole discretion at any time. Please check the Terms frequently for modifications. Additional terms or conditions are effective upon their incorporation into this Agreement. Your continued use of the Service after modification of the Terms will constitute acceptance of those changes.
This Agreement constitutes the entire agreement between you and SpaceDerby, and supersedes any prior written or oral agreements. All state, federal, and local laws supersede this Agreement if contradictory. If any term in this Agreement is held invalid or unenforceable, the invalid or unenforceable term should be stricken and the remainder of the Agreeement shall be construed as to reflect, as nearly as possible, the original intentions of the parties, and the remaining terms shall remain in full force and effect. SpaceDerby's failure to enforce any term in this Agreement will not constitute a waiver of that or any other term in this Agreement. The parties consent to the exclusive jurisdiction of the state courts of Cook County, Illinois or of the United States District Court for the Northern District of Illinois and irrevocably agree that all actions or proceedings relating to this Agreement will be litigated in such courts. The parties waive any objection based on improper venue or forum non conveniens.