SPOTER TERMS OF USE


Please read the following SPOTER Terms of Use ("Terms") carefully. They govern your use of the Infoshare Systems, Inc. d/b/a SPOTER ("SPOTER") www.spoter.us website (the "Site"), its booking sites, mobile applications, and related services (collectively, the "Services"). By using the Services, you acknowledge that you have read and understood all of the Terms, and you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Services.


SPOTER reserves the right to change the Terms under which the Services are offered in its sole and absolute discretion at any time without notice. Any such changes will be posted on the Site. It is your responsibility to review these Terms for any changes each time that you use the Services. All changes to the Terms are effective from the date posted. If you do not agree to the amended Terms, you must stop using the Services. You will be deemed to have accepted the amended Terms if you continue to use the Services after such amended terms are posted on the Site.

Description of the Site

The Site enables users to review information regarding SPOTER and its offered services. The services offered by SPOTER include, but are not limited to, an online marketplace for finding temporary shared accommodations for specific durations. Users of the SPOTER Services are hereinafter referred to as "Users".


Registration for the Services

In order to access and use certain of the Services, you must set up a User account ("Your Account") and abide by these Terms. In setting up and maintaining Your Account, you agree to provide accurate information regarding your identity, your age (in order to use the Services, Users must be at least 18 years of age), your contact information, and any other information requested by SPOTER related to the Services including, but not limited to, your billing and credit/debit card information. You will set your own password for accessing the Services and shall be solely and strictly liable for everything that occurs through the use of Your Account. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer and mobile device, and you agree to accept responsibility for all activities that occur under Your Account or password. You are prohibited from selling, trading or otherwise transferring Your Account to another party or charging anyone for access to any portion of the Site. You agree to immediately notify SPOTER of any unauthorized use of your password or Your Account, or any other breach of security of which you become aware. If you are under eighteen (18) years of age, you may use the Site only with the express permission and involvement of your parent or guardian.


By setting up Your Account and using the Services, you represent and warrant that (a) you have not previously been suspended or removed from the Site; (b) are not a direct competitor of SPOTER; (c) that you have full power and authority to agree to these Terms; and (d) that you expressly agree that you will receive communications from SPOTER, including email messages and/or text messages. You acknowledge and agree that you consent to the receipt of such messages and that your receipt of such messages does not violate the CAN-SPAM Act and/or any state and federal laws related to Do-Not-Call registries. You may stop receiving such messages by following the opt-out instructions provided by SPOTER in any such communication.


SPOTER transmits all payment information using SSL encryption and complies with DCL data security standards. Any billing questions can and should be addressed to: spoter.support@infosharesystems.com


SPOTER may change the pricing of the Services at any time, with or without notice, at its sole and absolute discretion.


User Registration: Individuals requesting to reserve accommodations via the Services must first register via the Site or mobile application to create an account.


Authorized Use of the Site and the Services

You may use the Site and the Services only for legal and appropriate uses. SPOTER reserves the right to make changes to the Site and the Services at any time without prior notice. Your access to and use of the Site and the Services is completely at the discretion of SPOTER, and your access to and use of the Site and the Services may be blocked, suspended, or terminated without prior notice at any time for any reason or for no reason, including, without limitation, for any violation of the below rules whether done by you or by others with your encouragement. In such event, you agree that SPOTER shall not be liable for any alleged loss/harm resulting from SPOTER's actions.


Authorized Use of the Site and the Services

You may use the Site and the Services only for legal and appropriate uses. SPOTER reserves the right to make changes to the Site and the Services at any time without prior notice. Your access to and use of the Site and the Services is completely at the discretion of SPOTER, and your access to and use of the Site and the Services may be blocked, suspended, or terminated without prior notice at any time for any reason or for no reason, including, without limitation, for any violation of the below rules whether done by you or by others with your encouragement. In such event, you agree that SPOTER shall not be liable for any alleged loss/harm resulting from SPOTER's actions.



In addition, you acknowledge that the functional use of the Site and the Services may be dependent on the data related to your geographic location and geopositional data. Accordingly, you agree that your failure to provide (or make accessible) that data may limit the functionality of the Site and the Services.


By using the Services, you are acknowledging your understanding that SPOTER has the right to make changes to any content on the Site including, but not limited to, data, brands, text, images, software, video, and materials without prior notice to you.


If SPOTER receives reports of any violation of the above rules, specifically, or these Terms, generally, SPOTER may at is discretion investigate the same and take any action it deems appropriate including reporting to and cooperating with relevant law enforcement agencies.


License and User Content

SPOTER grants you a limited, non-exclusive, non-transferable license to access and use the Site and the Services in legally authorized jurisdictions for personal non-commercial purposes. However, you may not download or modify the Site, or any portion of the Site, except with express written consent of SPOTER. The Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of SPOTER. Any unauthorized use of the Site shall automatically terminate the license granted to you by SPOTER for such use.


You shall be solely responsible for your actions and the contents of your transmissions to the Site. Although SPOTER does not claim ownership of any of the photographs, videos, information, materials and other content that you submit via the Site (collectively, "Your Content"), by submitting Your Content via the Site, you automatically grant SPOTER an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce and distribute Your Content on or in connection with the Site. Further, by submitting any information to SPOTER, you represent and warrant that you have the legal right to do so and that such submission is accurate, complete, current, and is not in violation of any contractual restrictions or other third party rights.


Ownership

The Services are licensed to, and not sold to, you for use under these Terms. All rights in the Services not expressly granted to you shall be deemed as reserved for the exclusive use by SPOTER. You acknowledge and agree that the Services, all patent rights, trade secret rights, design rights, copyrights, trademark rights, and other property rights in the Site and the Services shall at all times remain the sole property of SPOTER. You will not acquire any right, title or interest in or to the Site or the Services by reason of these Terms, except for the non-exclusive license to use the Services in accordance with these Terms.


Except as otherwise noted herein or otherwise on the Site, all information, documentation, and other content posted on the Site is the property of SPOTER, its affiliates, and/or its licensors. The graphics, icons, and overall appearance of the Site is the property of SPOTER. The posting of information, documentation, and other content does not constitute a waiver of any of SPOTER's, an affiliate's, and/or a third party licensor's proprietary rights in such information, documentation, and other content (such as, but not limited to, copyrights or trademarks) or a transfer of any such rights to you or any third party. The information, documentation, and other content posted on the Site is protected by U.S. and international copyright laws, both as individual works and as collections. You agree not to delete any copyright or similar notice from any information, documentation, and other content you obtain from the Site. You may not sell, republish, frame in another webpage, or use on another website, any of the information, documentation, and other content, or any portion thereof, posted in or on the Site without the prior written consent of SPOTER. You may view, print, copy, and download portions of the information, documentation, and other content of the Site solely in connection with your use of the Site, and solely for your own individual, internal, non-commercial use or records. SPOTER and its affiliates reserve the right to revoke this authorization at any time.


To be clear, you accept and acknowledge that, as between SPOTER and you, any and all intellectual property rights (including but not limited to patent, copyright, trademark) as well as any other proprietary rights (e.g., trade secrets) in and to the Site and the Services are owned exclusively by SPOTER.


Dealings with Third Parties and Links

The Site may contain links to other third party external sites. The links are provided "as is." You should be aware that you use them at your own risk. Your participation, communication or business dealings with any third party found on or through the Site, regarding the payment and delivery of the related goods or services, or any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. SPOTER does not endorse, and SPOTER is not liable for, any content, products, services, software or other materials available on such other sites, even if a page or pages of the other sites are framed with a page of the Site. SPOTER is not responsible for the privacy practices or the content of other sites. For your protection, please refer to the terms of service/use and privacy policies of the respective sites. You acknowledge, understand and agree that SPOTER shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such other sites. SPOTER shall not be liable for any errors or delays in the content, goods or services available on such other sites, or for any actions taken or not taken in reliance thereon.


Disclaimer

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. SPOTER DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR VIRUS FREE, OR THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR BE SAFE. INFORMATION OBTAINED THROUGH THE SITE OR THE SERVICES HAS NOT BEEN VERIFIED, AND SPOTER DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT SUCH INFORMATION IS USEFUL, SUITABLE, ACCURATE, COMPLETE, RELIABLE, OR OTHERWISE VALID.


SPOTER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE.


SPOTER MAKES NO WARRANTY OR REPRESENATION THAT THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. FURTHER, SPOTER MAKES NO WARRANTY OR REPRESENATION THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR THAT ANY IDENTIFIED ERRORS WILL BE CORRECTED. IN PARTICULAR, OPERATION OF THE SITE AND THE SERVICES MAY BE MOMENTARILY INTERRUPTED DUE TO SITE MAINTENTANCE, UPDATES, OR TECHNICAL IMPROVEMENTS AND/OR DUE TO TERRORISM, NATURAL DISASTERS AND/OR ACTS OF GOD. SPOTER DISCLAIMS ALL LIABILTY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION.


YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE SITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.


BY USING THE SERVICES, YOU ARE AGREEING AND INDICATING THAT YOU EXPRESSLY UNDERSTAND THAT YOUR USE OF ANY ACCOMODATIONS BOOKED THROUGH THE SITE AND/OR THE SERIVES IS SOLEY AT YOUR OWN RISK.


Limitation of Liability

YOU ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE, OR OLDER, OR THAT YOU ARE ONLY USING THE SITE AND THE SERVICES UNDER THE SUPERVISION OF YOUR PARENT OR GUARDIAN. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE OR THE SERVICES IS AT YOUR SOLE RISK. NEITHER SPOTER, NOR ANY OF SPOTER'S DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, "SPOTER ASSOCIATES") SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS' FEES, OR FOR LOST DATA OR LOST PROFIT, ARISING OUT OF YOUR USE OF THE SITE OR THE SERVICES OR INABILITY TO GAIN ACCESS TO OR USE THE SITE OR THE SERVICES OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF SPOTER OR A SPOTER ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.


IN NO EVENT WILL SPOTER OR ANY SPOTER ASSOCIATES BE LIABLE TO YOU FOR CLAIMS THAT RESULT FROM YOUR RELIANCE ON ANY INFORMATION THAT YOU OBTAIN THROUGH YOUR USE OF THE SITE OR THE SERVICES INCLUDING ANY RELIANCE ON INFORMATION PROVIDED BY ANY PROVIDERS OF ACCOMODATIONS. SUCH INFORMATION IS PROVIDED FOR CONVENIENCE ONLY.


IN NO EVENT WILL SPOTER BE RESPONSIBLE FOR ANY INJURY, DEATH, OR FINANCIAL LOSSES INCURRED BY USERS AS A RESULT OF ANY ACCOMODATIONS BOOKED VIA THE SERVICES.


YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH SPOTER IS TO STOP USING THE SITE OR THE SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS, LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF THE FOREGOING LIMITATIONS ARE UNENFORCEABLE, YOU AGREE THAT SPOTER'S LIABILITY TO YOU UNDER THESE TERMS SHALL NOT EXCEED ANY AMOUNTS PAID BY YOU TO SPOTER IN THE THREE (3) MONTHS PRIOR TO THE ACCRUAL OF ANY SUCH CLAIM.


THE SITE AND THE SERVICES ARE PROVIDED BY SPOTER FROM ITS OFFICES WITHIN THE UNITED STATES. SPOTER MAKES NO WARRANTY OR REPRESENTATION THAT MATERIAL AVAILABLE THROUGH THE SITE OR THE SERVICES IS LEGAL, APPROPRIATE, OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. IF YOU USE THE SITE OR THE SERVICES FROM A LOCATION OUTSIDE THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, AND SPOTER ACCEPTS NO RESPONSIBILITY FOR SUCH USE.


YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL DISCLAIMERS IN THESE TERMS AND THE PROVISIONS OF THESE TERMS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN SPOTER AND YOU.


Indemnification

YOU WILL INDEMNIFY AND HOLD SPOTER AND ANY SPOTER ASSOCIATES HARMLESS WITH RESPECT TO ANY SUITS OR CLAIMS ARISING OUT OF OR RELATING TO: (A) YOUR BREACH OF THESE TERMS; (B) YOUR USE OF THE SITE; AND/OR (C) YOUR USE OF THE SERVICES.


Privacy Policy

SPOTER respects and is committed to your privacy. Please review SPOTER's Privacy Policy , which also governs your visit to the Site and your use of the Services, to understand SPOTER's practices. If you agree with the Privacy Policy you may continue with the Services. However, if you do not agree with the Privacy Policy, you are not authorized to access the Site or utilize the Services and must discontinue use.


DMCA Policy

SPOTER respects the intellectual property rights of others. If you believe that any content posted on the Site infringes any copyrights that you own, please contact SPOTER immediately by emailing it at the email address below in the Notices section.


Notices

Where required, SPOTER may give notice to you by a general posting on the Site, by electronic mail, or by conventional mail to your address of record. You may give notice to SPOTER by electronic mail or by conventional mail to the address below. If you have any questions about these Terms, the practices of the Site, or your dealings with SPOTER, please email or write to:


Infoshare Systems, Inc. d/b/a SPOTER
26040 Acero, Suite 111
Mission Viejo, CA 92691

Law, Jurisdiction and Venue

These Terms and your access to and use of the Site and the Services are governed by, interpreted, construed, and enforced in accordance with the laws of the State of California, without reference to its conflict of law provisions. All disputes arising out of or related to these Terms shall be exclusively brought and exclusively maintained in the courts of competent jurisdiction situated in Orange County, California. You hereby consent to and waive any objection to the exclusive personal jurisdiction and venue of such courts.


Disputes

By using the Services, you are acknowledging and agreeing that any alleged loss/harm that you may suffer as a result of the actions or inaction by providers of accommodations or other Users shall not be attributable to SPOTER and any related claims shall be limited to being brought against the particular individual or company that caused you the alleged loss/harm. You hereby agree that you will not attempt to impose any such liability on SPOTER.


Miscellaneous

You acknowledge and agree that the provisions, disclosures and disclaimers set forth in these Terms are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. The failure of SPOTER to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.


SPOTER shall have the right to assign these Terms and to sublicense any and all of its rights under these Terms. These Terms, including any documents referenced herein and any additional operating rules or policies as posted on the Site (such as the Privacy Policy), represent the entire understanding between you and SPOTER regarding your relationship with SPOTER and your use of the Site and the Services. These Terms (and the Privacy Policy) supersede all previous written or oral agreements between you and SPOTER with respect to such subject matter. Notwithstanding any provision of these Terms, SPOTER has available all remedies at law or equity to enforce these Terms.