TERMS OF SERVICE
Please read these Terms carefully before using the services offered at tsps.io or any affiliated sites.
These Terms of Service ("Terms") are a legal agreement between Truck Specialized Parking Services, Inc. ("TSPS" or "we") and you ("you" or "user"), the user accessing one of our Services. It is essential for TSPS to clarify the legal relationship with you in order to ensure an adequate level of service and its development for the benefit of all users.
By using or accessing any service powered by TSPS, you agree to be bound by these Terms. On the contrary, if you do not agree to or do not wish to be bound by these Terms, please refrain from using our Services.
As TSPS may, in its sole discretion, modify or revise these Terms at any time to continue to offer you an adequate level of service, you agree to be bound by such modifications or revisions.
SERVICES
Our Services offer you the ability to search, locate and reserve, in advance, available truck parking spaces along your route at the day and time of your choosing. Information (“Content”) supplied about possible parking locations for the user includes amenity and security information which is supplied by third parties who have made their parking facilities available to the TSPS network.
The Services are accessed by you under the following terms and conditions:
ACCESS
You may use all TSPS Services solely in strict compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. You acknowledge that the use of our Services may involve the access and use of information and data from third-parties.
MODIFICATION AND AVAILABILITY
Our Services are constantly evolving and may change from time to time without prior notice to you. We frequently add new features and are continually optimizing our Services.
We may change, suspend or terminate all or any aspect of our Services for any reason or no reason at any time, including the availability of any feature or application of the Services, content or any third-party service and may not be able to provide you with prior notice.
We will use reasonable efforts to ensure that the Services are available twenty-four (24) hours a day. However, there will be occasions when the Services may be interrupted for maintenance, upgrades and/or emergency repairs. Furthermore, we have no control over the availability of any third-party service or Content, which may impact your use of the Services. We will not be liable to you or to any other party for any suspension, modification discontinuance or lack of availability of one of our Services, Content or any third-party services.
REGISTRATION INFORMATION
As a preliminary step to using our Services, you may be required to supply us with certain registration information. When registering, you must provide accurate and complete information. We reserve the right to refuse a registration or cancel a registration at our discretion.
You may not use another user’s account or registration information for our Services or any third-party service you access through our Services without permission.
If requested to do so, we shall be authorized to disclose your personally identifiable information to any national government agency or in response to any judicial process.
By providing your email address, you agree to receive RigRest offers, promotions, and other commercial messages. You may unsubscribe at any time.
THIRD PARTY SERVICES AND CONTENT
Our Services contain aggregated third-party information that is not within the supervision or control of TSPS. Unless otherwise explicitly provided, TSPS makes no representations or warranties whatsoever about any third-party service nor endorses any Content, products or services offered through such third-party services.
You acknowledge and agree that we are not responsible or liable for any third-party services, Content, product or services, or third-party resources, and/or the functionality of third-party services. TSPS makes no representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party.
You hereby irrevocably waive any claim against TSPS with respect to such third-party websites, Content, services, applications or widgets.
INTELLECTUAL PROPERTY
The availability information produced by TSPS is protected by patent law and is not to be used or reproduced without our prior written approval. By using this website and/or smartphone application, you are agreeing not to reproduce or redistribute any information contained therein without the written consent of TSPS.
All rights, title, and interest, including without limitation all Intellectual Property Rights, in and to TSPS and affiliated websites are and will remain the exclusive property of TSPS. Truck Specialized Parking Services, TSPS and all its logos, marks and designations are trademarks or registered trademarks of TSPS.
The Services are protected by copyright and other laws of the state of Michigan. These Terms and the use of Services do not grant a license or the authorization to use the name of TSPS or any of the TSPS trademarks, logos or domain names.
All other trademarks mentioned in our Services are the property of their respective owners. The trademarks and logos displayed on our Services may not be used without the prior written consent of TSPS or their respective owners.
USER COMMENTS
We value your comments, ideas, suggestions and feedback in relation to our Services. Any comments, suggestions, ideas or feedback ("Comments") submitted to one of our Services shall become the property of TSPS. TSPS will have exclusive ownership of all present and future existing rights to the Comments of every kind and nature everywhere and will be entitled to use the Comments for any purpose whatsoever without compensation to you or any other person.
GENERAL USE OF THE TSPS SERVICE – PERMISSION AND RESTRICTIONS
NO USE WHILE DRIVING. The Services are not intended for use while operating a motorized vehicle. Use while driving is expressly forbidden, both by these terms and conditions and by local laws and regulations.
PROTECT PERSONAL INFORMATION. You are responsible for the security of your user name, password and unique code. Do not share any of this information with anyone except TSPS and/or parking facility employees and agents. Change your password and unique code if you suspect they have been compromised or used without your permission. Report any suspicious activity with your account immediately to TSPS.
DISTRIBUTION. You agree not to distribute to any medium any part of our Services without our written authorization unless TSPS issues a general authorization for a specific use of the Services or makes available the means for such distribution through functionality offered by the Services.
MODIFICATION. You also agree not to modify, alter, translate or otherwise create derivative works of any part of the Services. If you embed any part of our Services on any other web service, blog or webpage, you agree not to modify, alter, build upon, or block any part or functionality or feature of our Services.
You agree not to decipher, decompile, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services.
You agree not to use any part of our Services to violate the security of any computer network, crack passwords or security encryption codes, to obtain password, account, or private information from any user. You agree not to run malware, email blasts, any form of auto-responder, or spam on any of our Services or through or in communication with our Services.
CONTRIBUTIONS. In order to guarantee that the Content accessible through the Services is secure and lawful, you represent, warrant and agree that you will not contribute or add to any of our Services any Content, Comments, feedback that:
- infringes, violates or otherwise interferes with any copyright or trademark of another party, or any intellectual property of another party;
- is defamatory, obscene, pornographic, threatening, harassing, hateful, racially or ethnically objectionable, or otherwise violates any law or right of any third party;
- contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, or expropriate any system, data or information.
We may remove any user Content from our Services at any time, for any reason or for no reason.
RESERVATIONS
TIMELINESS. TSPS will not “hold” a parking spot you have reserved for beyond its duration.
CANCELLATION POLICY. The cancellation policy varies by reservation purchased. Short duration reservations are often non-refundable. Longer duration reservations may be canceled up to four (4) hours prior to its commencement. The cancellation policy for a specific reservation item can be found before making a purchase, next to the item.
REFUNDS. Unless cancelled in accordance with the above, all reservation fees are non-refundable for any reason other than the lack of a parking spot in the location you chose, at the time reserved
CHARGES AND BILLING
When and if you subscribe to TSPS, make a reservation or utilize any other paid service operated by us, you agree to pay all fees or charges incurred by your account, including applicable taxes at the time that the applicable fees or charges become payable. Unless otherwise indicated, all prices are in US Dollars and subscriptions renew automatically unless canceled before the end of the billing cycle. We may add new products and services for additional fees and charges at any time in our sole discretion. You represent to us that you are an authorized user of the chosen method of payment used to pay any fees, charges and applicable taxes incurred.
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE FULLY LIABLE FOR ALL FEES AND CHARGES MADE THROUGH YOUR ACCOUNT.
PROPERTY RULES AND REGULATIONS
While each facility will have its own set of rules and regulations, the following are common to all and by using any property or parking space designated by our system, you agree to the following:
NOISE. Respect the facility and its other occupants as well as the neighborhood and its residents. Do not generate excessive noise.
LITTER. Trash receptacles are provided at most locations for incidental trash generated while at the facility (i.e., food wrappers, cups, etc.). Avail yourself of these receptacles rather than littering anywhere, be it on or off site.
PARKING. Park in the space designated, in between the lines if the space is so demarcated. If your designated space happens to be improperly occupied by another driver, please contact us or the facility manager rather than exacerbating the problem by also parking improperly.
SUSPICIOUS ACTIVITY. Report suspicious or illegal activity to local law enforcement. Calling 911 will work in most locations. If not, the number for local law enforcement will be prominently posted on site.
YOU ARE RESPONSIBLE. You’re responsible for your actions and those of whom you’ve brought to a parking facility.
WARRANTY DISCLAIMER
You agree that your use of the Services shall be at your own risk. To the fullest extent permitted by law, TSPS, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Services and their use thereof.
You release TSPS from all liability for you having accessed or not accessed Content through the Services. TSPS makes no representations concerning any Content contained in or accessed through the Services, and will not be responsible or liable for the accuracy, copyright, trademark or any other intellectual property law compliance, legality or decency of material contained in or accessed through the Services.
TSPS makes no warranties or representations about the accuracy or completeness of the Content or the Content contained in third-party services and assumes no liability or responsibility for any harm, loss or damage resulting from:
- use of the Services;
- use of Content contained in or accessed through the Services;
- errors, mistakes, inaccuracies or omissions in any Content contained in, made available or accessed through the Services;
- completeness, accuracy, availability, timeliness, security or reliability of the Services and any content displayed thereon;
- temporary or permanent interruption or cessation of our Services;
- any viruses, bugs, worms, trojan horses, or the like, which may be transmitted by any third party to or through our Services to your computer system;
- any content posted in any community area of the TSPS site;
- unauthorized disclosure of information, images or any other data resulting from the use of the Services;
- non-compliance by third-party services and/or their users with applicable laws and regulations.
TSPS does not warrant, endorse, guarantee, or assume responsibility for any product or services offered or advertised by a third party through the Services (for example, hyperlinked services featured in a banner or other advertising), and TSPS will not be a party to or in any way be responsible for any transaction between you and any third-party providers of products or services.
For clarity, you agree that TSPS has no fiduciary duty to you. In particular, TSPS has no duty to take any action to control or otherwise supervise which users gain access to and cannot guarantee the identity of any other users with whom you may interact in the course of using the Services or the authenticity of data provided by other users. TSPS has no control whatsoever over the Content of third-party services you access via the Services, and therefore cannot be held liable. Furthermore, TSPS assumes no responsibility for any use or interpretation of the Content by you, for any effect the Content may have on you, or for any action you may take as a result of having been exposed to the Content.
INDEMNITY
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless TSPS, its directors, officers, employees, agents, and representatives, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, including costs and attorney fees, arising from any claim or demand made by any third party due to or arising out of:
- your access to or use of the Services;
- your violation of any of these Terms;
- your infringement, or the infringement by any third party using your registration information, of any third-party right, including without limitation any copyright, property;
- any claim that your use of the Services caused damage to a third party.
This indemnification obligation will survive these Terms of Use and your use of the Services.
LIMITATION OF LIABILITY
SERVICES. The services provided by TSPS” are strictly limited to: (a) informing you, our customer, of the location and apparent availability of parking; (b) making arrangements on your behalf with the operator of the parking facility to hold a space for your timely arrival; and (c) facilitating the payment of their parking charges via your credit card.
NO BAILMENT. TSPS does not provide a parking service, operate a parking lot or otherwise accept custody of motor vehicles. These services are provided by others and they are in no way our agents or acting on our behalf.
ACCURACY OF PARKING INFORMATION. While we employ sophisticated technology to monitor the availability of parking within the TSPS network and strive to meet all customers' expectations, some aspects of the service are beyond our control. Likewise, the allocation of parking spaces within any given lot is solely in the control of the local owner/manager or uncontrolled if not attended. As such, we cannot be responsible for any consequences arising from the lack of suitable parking. Despite the convenience of our reservation service, the decision to park at a location remains your responsibility and you assume all risks therein. We do not guarantee the actual availability of a specific parking spot in the location you selected OR that any parking spot will accommodate your vehicle. Finally, we do not assume responsibility whatsoever for the consequences of a driver not being able to park or experiencing a delay associated with parking.
ACCURACY OF ROUTING INFORMATION. Though we strive for the delivery of accurate, comprehensive information to our customers, we do not accept any responsibility whatsoever regarding the accuracy of any routing information provided. Therefore, use directions provided at your own risk.
SAFETY AND SECURITY. Neither TSPS nor the parking facility shall assume any risk for those using the facility. Security amenities vary by location, are listed in the facility description, and are a deterrent to unwanted behavior or situations. Regardless of the presence or absence of a specific security amenity, facility owners have a "park at your own risk" policy and do not assume liability for any actions, events or damages that occur on the property. While safety, security and other deterrence measures have been taken to ensure guests have a problem free experience, no assumption of risk or liability is expressed or implied and no responsibility is accepted whatsoever regarding the safety of persons or property in the locations selected by our customers.
USAGE AND CONTENT. In no event shall TSPS, its directors, officers, shareholders, employees, or agents be liable to you or any third party for any direct, indirect, incidental, special, punitive, or consequential damages of any kind whatsoever resulting from any:
- use of or inability to access or use the Services;
- use of information or content contained in or accessed, or obtained, through the Services;
- errors, mistakes, inaccuracies or omissions in any Content contained in, made available or accessed through the Services;
- any viruses, bugs, worms, trojan horses, or the like, which may be transmitted to or through our Services by any third party to your computer system;
- any content posted by users or third parties in any community area of the Services;
- unauthorized disclosure of information, images or any other data resulting from the use of the Services;
- any conduct or content of any third party on the Services, including without limitation, any defamatory, offensive or illegal conduct of other users or third party, or
- any unauthorized use of copyright, trademark or any other intellectual property rights by any third-party services and/or their users.
TERMINATION
Either party may terminate any one of our Services at any time. TSPS may also terminate or suspend any and all Services immediately, without prior notice or liability, if you breach any of the terms or conditions of these Terms. Upon any such termination, your right to use or access the Services and any Content will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
LAW AND JURISDICTION
These Terms and any action related thereto shall be governed by and construed in accordance with the laws of the state of Michigan.
All claims, legal proceedings or litigation arising from or relating to the subject matter of these Terms shall be brought solely in the county of Wayne, state of Michigan, and you consent to the jurisdiction of and venue in such courts and waive any objection thereto.
OUR POLICY TOWARDS CHILDREN
Our Services are not designed for individuals under 18 years of age. We do not knowingly collect personal information on children under the age of 18. If we become aware that a child under 16 has provided us personal information, we will take steps to delete the information. If you become aware that a child has provided us personal information, please contact us.
PRIVACY
GENERAL PROVISIONS. We respect your privacy and will not release your personal information to a third party other than to a parking provider, as necessary, to identify you as the person reserving a space or as mandated by law but may make use of general information about our customers to improve our service or for other marketing purposes. Your identifiable personal information such as phone number or email address will be kept strictly confidential.
SURVEILLANCE AND RECORD-KEEPING. Video, electronic and/or paper logging and recording devices are used at our locations and you allow us to document your entry, exit and use of the property. Video, digital photos and other identifying information will be captured and saved. Knowing who is on facility property provides a level of deterrence that is valuable to both the facility owner and other guests.
COMMUNICATION. Although we strive to keep communication to a minimum, you understand that we may contact you by telephone, text or e-mail message in connection with your reservation and/or use of our service or a parking facility
MISCELLANEOUS
Both parties agree that these Terms and any other operating rules, policies and procedures posted through the Services comprise the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be construed so as to best accomplish its intended objectives. The remaining provisions of these Terms shall remain in full force and effect.
The Terms of Use are not intended to benefit, nor will it be deemed to give rise to, any rights to any third party.