Last Updated: March 30th, 2021
Please read these Terms of Services carefully as they contain important information regarding your legal rights, remedies and obligations, including various disclaimers, indemnities and limitations of liabilities.
Thank you for using HotSpot! These Terms of Service (“Terms of Service”) apply to your use of and access to the websites, mobile applications and other products, services and software (collectively, the “HotSpot Platform”) provided by or on behalf of HotSpot Parking Inc. and its affiliates (collectively, “HotSpot”). In these Terms of Service, “we“, “us” and “our” refer to HotSpot.
DO NOT USE OR ACCESS THE HOTSPOT PLATFORM OR YOUR MOBILE DEVICE WHILE DRIVING. USERS OF THE HOTSPOT PLATFORM SHOULD NEVER OPERATE THE HOTSPOT PLATFORM IN A MANNER THAT IS DISTRACTING TO THE DRIVER. ALWAYS PAY CAREFUL ATTENTION TO THE ROAD AND DO NOT DRIVE WHILE DISTRACTED.
1. Acceptance of Terms of Service
These Terms of Service, including any other HotSpot documents, policies or guidelines incorporated by referenced herein, constitute a binding legal agreement between you and HotSpot with respect to the HotSpot Platform. By clicking “I accept” or by using, or accessing the HotSpot Platform, you agree to these Terms of Service. If you do not agree to these Terms of Service you may not access or use the HotSpot Platform. You are responsible for your own compliance with these Terms of Service and for compliance by any other person who uses the HotSpot Platform through your HotSpot Account (as defined below).
If you are under the age of majority to form a binding contract under applicable law, you must read these Terms of Service with a parent or legal guardian. We will assume by your using or accessing the HotSpot Platform that your parent or legal guardian agrees to be bound by these Terms of Service, which constitutes a binding legal agreement between such person and us.
2. HotSpot Account Registration and Payment
A. HotSpot Account
To use the HotSpot Platform you must first register an account with HotSpot (a “HotSpot Account“) by providing a name, phone number, valid email address, and any other information indicated as required. You are required to keep your HotSpot Account information accurate. HotSpot may reject your application for a HotSpot Account, or cancel an existing HotSpot Account for any reason.
You agree that HotSpot will use the email address you provide to us when you open your HotSpot Account as our primary means of communicating with you.
HotSpot offers a variety of payment options, including monthly and yearly subscriptions, via your HotSpot Account. Additionally, if you are a member of the Canadian Automobile Association (“CAA“) and you consent to CAA providing HotSpot with your membership details (for example, that your membership is in good standing), you become eligible for our discounted CAA annual membership fee. HotSpot also offers pay-per-use fees (“Pay-Per-Use“), whereby a transaction fee will be charged to you each time that you use a service offered by the HotSpot Platform. Payment options will vary based upon your location and we reserve the right to modify the price of any services offered through the HotSpot Platform for any reason, including, but not limited to changing market conditions, product discontinuation, product unavailability, manufacturer price changes, supplier price changes and errors in advertisements in accordance with these Terms of Service.
You agree to maintain the confidentiality of your HotSpot Account information and acknowledge that you are responsible for all activity on your HotSpot Account. You agree to notify us immediately if there is any breach or unauthorized use of your HotSpot Account. HotSpot will not be liable for any loss or damage from your failure to maintain the confidentiality of your HotSpot Account information, under any circumstances.
3. Purchase of HotSpot Tokens
You may deposit funds via Stripe, in accordance with Section 2A, which may be used to purchase parking tokens (“Parking Tokens“), transit fares (“Transit Tokens“), or taxi tokens (“Taxi Tokens” and collectively with Parking Tokens and Transit Tokens, “Tokens“) for use with your HotSpot Account and subject to these Terms of Service.
When you purchase Tokens, the credit card linked to your HotSpot Account will be charged the purchase price for the Tokens. The purchase price will be displayed in the “Parking“, “Transit” or “Taxi” section of your HotSpot Account, depending on the type of Tokens that you purchase. Charges for Tokens are due immediately unless otherwise specified.
Tokens are considered stored value. Except as may be required by applicable law, they are non-refundable and non-redeemable for cash and may only be used to pay for parking sessions, transit fares or tax services using the HotSpot Platform. No interest or other earnings or returns will be paid in relation to the Tokens. At any time, you can review the current balance of Tokens on through your HotSpot Account.
When you purchase a parking session, pay transit fare, or use taxi services using your Tokens, you authorize us to reduce your Tokens by the amount required to pay for the Services and any applicable taxes or other charges (the “Transaction“). The total amount of the Transaction will be set out in your purchase receipt available through your HotSpot Account. If, due to a system malfunction or any other reason, a Transaction occurs despite insufficient balance of Tokens in your HotSpot Account, creating a negative balance, you agree to reimburse us on request for the amount of the negative balance. You agree that we may suspend your HotSpot Account without notice if we do not receive payment from you of any negative balance.
4. HotSpot Platform
On the HotSpot Platform, including our mobile application (“HotSpot Mobile App“), and subject to availability in your location, you have the ability to pay for parking sessions and start and cancel parking sessions (the “HotSpot Parking Services“), pay for transit fares and plan and track transit routes (the “HotSpot Transit Services“), and hail and pay for taxi services (“HotSpot Taxi Services” and together with the HotSpot Parking Services and HotSpot Transit Services, the “Services”).
The HotSpot Platform contains material that we produce in order to make our mobility Services available in your city easy to use. This material includes, but is not limited to software, text, graphics and images. However, as we may not produce some of the primary information you see on the HotSpot Platform, which is provided to us by third parties such as transit agencies, taxi service providers and other mobility operators. Therefore, in accordance with Section 10, we do not guarantee the accuracy, completeness or timelines of any such content.
A. HotSpot Taxi Services
- HotSpot is not a taxi company service provider. HotSpot only provides the software application that allows users to connect with providers (being any private hire, taxi or other supplier of taxi services, including individuals and companies, and collectively referred to herein as the “Provider(s)”), to arrange for bookings and payments for any such taxi services. As such, HotSpot accepts no responsibility for the actions or inactions of the Providers that provide HotSpot Taxi Services, including whether a Provider picks you up and provides the HotSpot Taxi Services.
- A booking is made on HotSpot Taxi Services, and once submitted, one or more Providers will be notified of an available customer. HotSpot does not guarantee that a Provider will accept any booking requests. If a booking request is accepted by a Provider, you will receive a confirmation via the HotSpot Platform containing the details of the Provider, including their company name and phone number.
- The quoted price displayed on HotSpot Parking Services prior to confirmation is an estimate, and may be subject to change. Once the HotSpot Taxi Services are confirmed, the price is set, and Taxi Tokens will be removed from your account upon the completion of your trip. You are solely responsible for any changes to your trip after confirmation, and will be responsible for making any required additional payments directly to your Provider. You may only use Taxi Tokens for the payment of HotSpot Taxi Services.
- You agree to be bound by the conditions of the fare included in the fare details so long as the trip details are not in violation of these Terms of Service. If you require amendments for a confirmed booking, you will be charged a $2.00 booking fee which will be deducted from your Taxi Tokens.
B. HotSpot Parking Services
- You activate parking by using the HotSpot Parking Services through the HotSpot Platform. You may be responsible for correctly entering the relevant parking location ID number, which is indicated on the sign in the parking facility in which your vehicle is parked. The parking location ID informs us of the location where your vehicle is parked and links us to the parking rates and time restrictions, if any, which are in effect at that location. These rates allow us to charge you for your parking and apply any time restrictions on the amount of time you are permitted to park your vehicle in that location. As one of our services, HotSpot also facilitates HotSpot merchant parking validation services. If your location services are enabled, with your consent, HotSpot can track how long you are parked outside a business. We can provide this information to the business, and the merchant may then transfer Parking Tokens to your HotSpot Account, allowing you to use these Parking Tokens to pay for parking.
- Note that use of the HotSpot Parking Services does not guarantee you a parking space and you may only activate the HotSpot Parking Services after you have found an available space. In the event that the parking rates posted on the HotSpot Parking Services do not match the rates charged by facilities parking equipment, the rate charged at the facility by the equipment will be deemed correct.
- 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 HotSpot Parking Services if for any reason the information is inconsistent. All applicable parking regulations apply to you and your use of the HotSpot 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 HotSpot Parking Services provided to you pursuant to these Terms of Service. HotSpot Parking Services shall process the parking fee from the funds available in your Parking Tokens (as defined below). You must have sufficient Parking Tokens or suspension of HotSpot Parking Services may occur.
- HotSpot has validly accepted your parking transaction when you have received confirmation of the acceptance. You are responsible for ensuring that you have properly activated the HotSpot Parking Services for the relevant parking Location ID 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 HotSpot Parking Services are unavailable, you must pay the appropriate parking fee that is due by paying at a payment device located on the site, or where an on-site payment device is not available you will not be permitted to park at the location.
- HotSpot 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 HotSpot Parking Services 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 receive a parking ticket which you believe to be invalid while using the HotSpot Parking Services, you can use the “resolve parking ticket” function to take a photograph of the parking ticket/ provide a comment through the HotSpot Mobile App and send to email@example.com for evaluation of the invalidity of the ticket. HotSpot, in its sole discretion, may assess the reasonableness of your request and may, upon its assessment, forward any parking tickets it believes are invalid to the applicable city or municipality contact for consideration.
C. HotSpot Transit Services
- We are an information organizer and aggregator. The information provided on HotSpot Transit Services includes the locations of public transit, and the map itself. While third parties are the primary provider of predictions regarding arrival and departure times, we may develop additional information based on the above-referenced location or availability of services, for example by modifying expected arrival times. Such times are only estimates. The actual timings are based on a number of factors including traffic, boarding, detours, which are beyond our control. Both transit and the primary information providers work to ensure that the information is correct and up-to-date. However, in accordance with Section 7, we cannot verify all of this information. This means that if the information provided to us by third parties is inaccurate or incomplete, your ability to effectively use the HotSpot Transit Services may be compromised through no fault of HotSpot, and in those cases any legal responsibility for any problems or damages which might occur lies with the third-party information provider rather than (and to the exclusion of) HotSpot itself.
- Every time you ride transit provided by any transit agency you pay at the transit vehicle door or at a transit station. HotSpot Transit Services calculates and deducts the correct fare from your Transit Tokens or recognizes your individual HotSpot Transit Services balance. When you use the HotSpot Transit Services at any transit agency location, you authorize HotSpot to debit your Transit Tokens for the specific charges incurred per uses.
5. Services Availability
The availability and pricing of Services offered by the HotSpot Platform may vary by location and/or by promotion and the HotSpot Platform and Services may not all be available everywhere or at all times. Any statement by HotSpot, or our representatives, employees or agents with respect to the future availability of the HotSpot Platform or Services in your area is not intended to be binding. The HotSpot Platform may be unavailable or interrupted from time to time for a variety of reasons and may not be available during maintenance or at other times.
6. Modifications to these Terms of Service and the HotSpot Platform
We may modify and update these Terms of Service, or modify, update, correct, suspend or discontinue the HotSpot Platform (or any part thereof) at any time. When we make material changes to these Terms of Service, we will post the revised Terms of Service on the HotSpot Platform. We will also provide notice to you of any material changes to these Terms of Service via the email associated with your HotSpot Account at least 30 days before the date the changes become effective. If you disagree with the revised Terms of Service, you may terminate this Agreement in accordance with these Terms of Service. If you do not terminate this agreement before the effective date of the revised Terms of Service, your continued use of the HotSpot Platform will constitute your acceptance of the revised Terms of Service. It is your responsibility to review these Terms of Service periodically and when notified of a change.
7. Discontinuation of the HotSpot Platform
We reserve the right to discontinue – temporarily or permanently – the HotSpot Platform (or any part thereof, including but not limited to location) without notice or refund to you, except as may be required by applicable law. You acknowledge that we may prevent your access to the HotSpot Platform (or any part thereof) at any time in our sole discretion. In no circumstances will HotSpot be liable for any loss or damage for any suspension or discontinuance of the HotSpot Platform (or any part thereof).
8. Your Use of the HotSpot Platform
As a condition of your access and use of the HotSpot Platform, you agree that you may access and use the HotSpot Platform only for lawful purposes and in accordance with these Terms of Service. Without limiting the foregoing, you agree that you will not use the HotSpot Platform:
- for unlawful, fraudulent, or abusive purposes, including to harass, threaten, abuse, defame, or slander, any individual or entity; or
- in a manner that restricts, inhibits or interferes with any other individual’s use of the HotSpot Platform or our provision of the HotSpot Platform to others, or which, as determined by us, may harm HotSpot or other users of the HotSpot Platform.
You further agree that you will not:
- modify, adapt, translate, or otherwise prepare derivative works, reverse engineer, disassemble, decompile, decode, circumvent, or tamper with any part of the HotSpot Platform, including hardware or software used to provide the HotSpot Platform;
- hack, remove, impair, avoid or otherwise attempt to circumvent any security measures protecting the HotSpot Platform;
- use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the HotSpot Platform; or
- otherwise interfere with or exploit the HotSpot Platform in any unauthorized way.
If you violate any of the Terms of Service, we reserve the right, in our sole discretion, to, with or without prior notice, suspend, limit or terminate your access to the HotSpot Platform (in whole or part) and/or your HotSpot Account. For minor violations of these Terms of Service, or as otherwise determined in our sole discretion, you may be given notice of your violation and the steps HotSpot intends to take and you may be given the opportunity to resolve the issue. However, if we elect to terminate your access to the HotSpot Platform (in whole or in part), including your HotSpot Account, as a result of your breach of these Terms of Service, you do not have any right to use or access the HotSpot Platform or have your HotSpot Account reactivated, even if you cure any of the issues that resulted in such termination or suspension.
9. Intellectual Property Rights; Trademarks
You understand and agree that the HotSpot Platform, including all content, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are the exclusive property of HotSpot, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights. You may not (or permit or cause any other party to) reproduce, copy, distribute, modify, make derivative works from, perform, broadcast, display, transmit, reuse, re-post, use (except as expressly permitted herein), or claim any right in any aspect of the HotSpot Platform, without our prior written permission. Subject to your compliance with these Terms of Service, HotSpot grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferable licence to (i) download and use the HotSpot Mobile App on your personal device(s); and (ii) access and view content made available on or through the HotSpot Platform and accessible to you, solely for your personal and non-commercial use.
All HotSpot logos, product and service names, designs, images, and slogans, including HotSpot, HotSpot Parking, HotSpot Taxi, and HotSpot Transit, are trademarks of the HotSpot or its affiliates or licensors. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on the HotSpot Platform, are the trademarks of their respective owners. You agree that you will not (and will not permit any third party to) remove or obscure any copyright, trademark or other proprietary notices or legends. Nothing contained in these Terms of Service should be construed as granting any license or right to use or display any such trademark or any variation thereof without the written permission of HotSpot or the other owner thereof, except as expressly permitted in these Terms of Service. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of HotSpot or the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
HotSpot does not permit copyright infringing activities and infringement of intellectual property rights on the HotSpot Platform, and HotSpot will remove content if properly notified that such content infringes on a third party’s intellectual property rights. We reserve the right to remove content from the HotSpot Platform without prior notice.
10. Accuracy of Information
HotSpot makes all reasonable efforts to ensure that the content posted to the HotSpot Platform is complete and current. However, we make no representations, warranties or guarantees, whether express or implied, about the quality, accuracy, completeness or timeliness of any such content. We assume no obligation to update the content of the HotSpot Platform and do not represent or warrant that the HotSpot Platform will be free of errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to promotions, pricing, product or service description, shipping charges, transit times, taxi times or product or service availability. We reserve the right to correct any error, inaccuracy or omission without notice to you, except as may be required by applicable law.
The HotSpot Platform is not intended to provide any legal, financial, insurance or other advice. Your use of or reliance on any information contained on the HotSpot Platform is at your own risk.
11. Links to Third Party Sites
The HotSpot Platform may contain links to other non-HotSpot websites (the “Third Party Sites“). We provide you with access to the Third Party Sites for your convenience only. HotSpot is not responsible for the content, accuracy, or opinions expressed on any Third Party Sites, and we do not check the Third Party Sites for accuracy or completeness. A link from the HotSpot Platform to a Third Party Site does not imply any approval or endorsement of the Third Party Site by us. If you decide to leave the HotSpot Platform and access a Third Party Site, you do so at your own risk. We have no control over the contents of any such Third Party Sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such Third Party Sites.
12. Data Retention
You expressly acknowledge and accept that HotSpot does not provide any archiving or backup services, and may delete data that is no longer in use and exceeds the timeframes stipulated in the applicable HotSpot Account. HotSpot expressly disclaims all obligations with respect to archiving, storage, and backup of data.
13. Cancellation of your HotSpot Account
You may terminate this agreement (or cancel certain services) at any time by emailing us at firstname.lastname@example.org, or by visiting your HotSpot Account on the HotSpot Platform, and following the instructions to terminate this agreement or cancel Services. Your termination of this agreement or cancellation of certain services will be effective as of the date of your cancellation request.
We may terminate this agreement and your HotSpot Account for any reason by giving you 30 days’ notice via the email associated with your HotSpot Account or using any other contact information you have provided for your HotSpot Account. We may also terminate this agreement immediately and without notice and stop providing access to the HotSpot Platform if you breach these Terms of Service or we reasonably believe termination is necessary to protect HotSpot or third parties. If your HotSpot Account has been inactive for more than two years, we may terminate your HotSpot Account without prior notice to you.
HotSpot makes every attempt to deliver the highest quality service to our customers. If you are dissatisfied with any aspect of the HotSpot Platform, please contact us at email@example.com. Except as required by applicable law, we are under no obligation to provide you a refund for Services (or any part thereof), but may do so at our sole discretion.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE HOTSPOT PLATFORM IS AT YOUR OWN RISK. THE HOTSPOT PLATFORM AND ALL CONTENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE DISCLAIMERS IN THESE TERMS OF SERVICE 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.
NEITHER HOTSPOT NOR ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR GUARANTEE WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE HOTSPOT PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER HOTSPOT NOR ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT, WARRANT OR GUARANTEE THAT THE HOTSPOT PLATFORM WILL BE AVAILABLE AT ANY SPECIFIC TIME OR AT ALL TIMES OR IN ANY GEOGRAPHIC LOCATION OR THAT THE HOTSPOT PLATFORM, INCLUDING ALL CONTENT, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE HOTSPOT PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
HOTSPOT CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE HOTSPOT PLATFORM WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE HOTSPOT PLATFORM, SERVICES AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE HOTSPOT PLATFORM.
HotSpot does not own, control, or operate any parking facilities and therefore does not warrant anything with respect to such facilities. HotSpot is not responsible for parking prices, transit fares, taxi services or the availability of these Services, which will vary depending on your jurisdiction. Prices are at the sole discretion of the applicable service provider.
17. Limitation of Liability
IN NO EVENT SHALL HOTSPOT, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THE USE, PERFORMANCE, OR INABILITY TO USE THE HOTSPOT PLATFORM, YOUR USE OF ANY THIRD PARTY SITE, OR THE ACTIONS OF ANY THIRD PARTY, HOWSOEVER ARISING, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE (INCLUDING NEGLIGENCE ON THE PART OF HOTSPOT, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless HotSpot, its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any and all claims, liabilities, losses, and expenses (including reasonable attorney’s fees and costs) arising out of or in any way connected to any use of the HotSpot Platform by or through you, your violation or alleged violation of these Terms of Service and your violation or alleged violation of any third party right including, without limitation, any copyright, property, or privacy right. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and, in such case, you shall agree to cooperate with our defence of such claim.
- No Waiver. Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
- Entire Agreement. These Terms of Service (as well as any other documents expressly incorporated by reference herein) constitute the entire agreement between you and us and govern your use of the HotSpot Platform, superseding any prior agreements between you and us (including, but not limited to, any prior versions of the Terms of Service).
- Severability. If any term or provision of these Terms of Service is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms of Service or invalidate or render unenforceable such term or provision in any other jurisdiction.
- Force Majeure. HotSpot 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.
- Governing Law. Unless and to the extent local law requires otherwise, these Terms of Service shall be governed by the laws of the Province of New Brunswick and the laws of Canada applicable therein, except in relation to any conflict of law provisions thereof. Unless local law mandates otherwise, all disputes, controversies or claims arising from or relating to these Terms of Service shall be brought in the courts located in New Brunswick.
- Assignment. We may assign or license any and all of our rights and obligations under these Terms of Service to any person as we may, in our sole discretion, deem appropriate. You may not assign your rights or obligations under these Terms of Service.
20. Contact Us
If you have any questions about these Terms of Service or any other aspects of this Agreement (including our privacy practices and procedures), please contact:
HotSpot Parking Inc.
515 Beaverbrook Ct, Fredericton, NB E3B 1X6