Terms of Service
Last Updated: April 11, 2025
1. INTRODUCTION
Welcome to Lot Lease ("Service"), a marketplace connecting owners of parking lots or vacant land ("Lessors") with businesses or individuals seeking to rent these spaces ("Lessees"). This platform is operated by Lot Lease, Inc. ("Company," "we," "us," or "our").
These Terms of Service ("Terms") govern your access to and use of our website, mobile applications, and services. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.
2. DEFINITIONS
- "Content" means text, graphics, images, music, software, audio, video, information or other materials.
- "Listing" means a parking lot or parcel of land that is listed by a Lessor as available for lease on the Service.
- "Lease Agreement" means the agreement between a Lessor and Lessee for the temporary use of a Listing.
- "User" means a person who completes our account registration process, including Lessors and Lessees.
- "Lessor" means a User who creates a Listing via the Service.
- "Lessee" means a User who requests to lease or leases a Listing via the Service.
- "Booking" means a confirmed reservation of a Listing by a Lessee.
3. ELIGIBILITY
You must be at least 18 years old and able to form legally binding contracts to access and use the Service. By accessing or using the Service, you represent and warrant that you are 18 or older and have the legal capacity to enter into these Terms.
If you are accessing or using the Service on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case "you" shall refer to such entity.
4. ACCOUNT REGISTRATION
4.1 Account Creation
To access certain features of the Service, you must register to create an account and become a User. You can register using an email address and creating a password, or through your account with certain third-party social networking services.
4.2 Account Responsibilities
You are responsible for maintaining the confidentiality of your account information, including your password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
4.3 Account Verification
For safety and verification purposes, we may require additional information such as proof of identity, property ownership documentation, or business credentials. We reserve the right to verify any information you submit and to request additional information as necessary.
5. ROLE OF LOT LEASE
5.1 Platform Provider
Lot Lease is a platform that facilitates connections between Lessors and Lessees. We are not a party to any Lease Agreement between Users. Lessors and Lessees are solely responsible for negotiating and fulfilling the terms of their Lease Agreements.
5.2 No Endorsement
We do not endorse any Users or Listings. While we may perform verification checks, we do not guarantee the identity, credentials, or qualifications of any User, the truth or accuracy of any Listing, or that a Listing will meet your requirements or expectations.
5.3 No Control Over User Conduct
We cannot control the conduct of Users, including adherence to applicable laws, regulations, and the terms of any Lease Agreement. We disclaim all liability in this regard to the maximum extent permitted by law.
6. LISTINGS AND BOOKINGS
6.1 Creating a Listing
Lessors are solely responsible for:
- Setting the terms and description of their Listing, including pricing, availability, and rules
- Ensuring the accuracy and completeness of their Listing
- Ensuring they have all necessary rights, permissions, licenses, and authority to list and lease their property
- Ensuring the property complies with all applicable laws, regulations, and ordinances
- Maintaining their property in a safe and adequate condition
6.2 Booking a Listing
By booking a Listing, Lessees agree to:
- Pay all applicable fees for the Booking
- Use the Listing only for the purpose(s) specified and agreed upon
- Comply with all applicable laws, regulations, and ordinances related to their use of the property
- Obtain all necessary permits or licenses required for their intended use
- Leave the property in the same condition as when they arrived
6.3 Booking Conditions
Bookings are subject to acceptance by Lessors. We reserve the right to cancel any Booking at our discretion, including for suspected fraudulent activity, violations of these Terms, safety concerns, or other issues.
7. FEES AND PAYMENTS
7.1 Service Fees
Lot Lease charges service fees to both Lessors and Lessees for the use of our platform. These fees are calculated as a percentage of the booking subtotal and are displayed before finalizing a transaction.
7.2 Payment Processing
All payments are processed through our third-party payment processor. By using the Service, you agree to comply with the terms and conditions of our payment processor.
7.3 Taxes
Users are solely responsible for determining and paying all applicable taxes and regulatory or legal obligations associated with their use of the Service, including property taxes, income taxes, sales taxes, or other taxes.
8. CANCELLATIONS AND REFUNDS
Cancellation and refund policies will be specified in the Lease Agreement between Lessor and Lessee. Lot Lease reserves the right to intervene in disputes between Users regarding cancellations and refunds, and to make a final determination at our discretion.
9. PROHIBITED ACTIVITIES
9.1 General Prohibitions
You agree not to engage in any of the following activities:
- Violating any applicable law, regulation, or ordinance
- Using the Service for any illegal purpose
- Infringing upon the rights of others
- Engaging in any activity that would cause us to violate any applicable law, regulation, or ordinance
- Attempting to interfere with, compromise, or harm the Service or our servers
- Using the Service in a manner that could disable, overburden, or impair the functioning of the Service
9.2 Prohibited Uses of Listings
The following uses of Listings are expressly prohibited:
- Any activity that violates applicable zoning laws or local ordinances
- Unlicensed or illegal commercial activities
- Adult-oriented or sexually explicit activities
- Sale, distribution, or consumption of illegal substances
- Activities involving hazardous materials, explosives, or fireworks without proper permits and insurance
- Overnight habitation in spaces not zoned or permitted for such use
- Any activity that creates an unreasonable risk of injury or property damage
- Any activity specifically prohibited by the Lessor in the Listing description or Lease Agreement
10. INTELLECTUAL PROPERTY
10.1 Lot Lease Content
All content provided by Lot Lease, including but not limited to logos, trademarks, designs, text, graphics, images, software, and code, is owned by or licensed to us and is protected by copyright, trademark, and other intellectual property laws.
10.2 User Content
By submitting content to the Service (including Listing descriptions, photographs, reviews, and comments), you grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use, reproduce, distribute, prepare derivative works of, display, and perform such content in connection with the Service.
11. DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, LOT LEASE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE.
WE DO NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY USER CONTENT OR THIRD-PARTY CONTENT AVAILABLE ON OR LINKED TO BY THE SERVICE.
12. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LOT LEASE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE.
UNDER NO CIRCUMSTANCES WILL LOT LEASE'S AGGREGATE LIABILITY EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO LOT LEASE FOR USE OF THE SERVICE DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100).
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LOT LEASE AND YOU.
13. INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS LOT LEASE, ITS AFFILIATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES, AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM:
- YOUR VIOLATION OF THESE TERMS
- YOUR USE OF THE SERVICE
- YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY
- ANY CONTENT OR INFORMATION YOU SUBMIT, POST, OR TRANSMIT THROUGH THE SERVICE
- ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY OTHER USER
This indemnification obligation will survive the termination or expiration of these Terms and your use of the Service.
14. RELEASE
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE AND FOREVER DISCHARGE LOT LEASE AND ITS OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS FROM, AND HEREBY WAIVE AND RELINQUISH, EACH AND EVERY PAST, PRESENT AND FUTURE DISPUTE, CLAIM, CONTROVERSY, DEMAND, RIGHT, OBLIGATION, LIABILITY, ACTION AND CAUSE OF ACTION OF EVERY KIND AND NATURE THAT HAS ARISEN OR ARISES DIRECTLY OR INDIRECTLY OUT OF, OR THAT RELATES DIRECTLY OR INDIRECTLY TO, THE SERVICE OR ANY TRANSACTION BETWEEN USERS, INCLUDING ANY DISPUTES RELATING TO BOOKINGS.
If you are a California resident, you hereby waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."
15. INSURANCE REQUIREMENTS
15.1 Lessor Insurance
Lessors are strongly encouraged to maintain appropriate insurance coverage for their property, including but not limited to general liability insurance and property insurance. Lessors acknowledge that their existing homeowner's or commercial property insurance may not cover damage or liability arising from leasing activities.
15.2 Lessee Insurance
Lessees are required to maintain appropriate insurance coverage for their activities on the leased property, as specified in the Lease Agreement or as required by applicable law. This may include general liability insurance, event insurance, or other specialized coverage depending on the intended use.
15.3 Insurance Verification
Lot Lease may, at its discretion, require either party to provide proof of insurance coverage, such as a Certificate of Insurance (COI), before a Booking is confirmed. Failure to provide required proof of insurance may result in cancellation of the Booking.
16. DISPUTE RESOLUTION
16.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
16.2 Arbitration
Any dispute arising out of or relating to these Terms or the Service shall be resolved by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in San Francisco, California, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
16.3 Class Action Waiver
ANY ARBITRATION OR OTHER DISPUTE RESOLUTION PROCEEDINGS SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. USERS WAIVE ANY RIGHT TO HAVE SUCH DISPUTE RESOLVED ON A CLASS ACTION BASIS OR VIA CONSOLIDATED OR REPRESENTATIVE PROCEEDINGS.
16.4 Disputes Between Users
For disputes between Users relating to a transaction on the Service, you agree to first make a good faith effort to resolve the dispute directly with the other User. If the dispute cannot be resolved, it shall be governed by the terms of the Lease Agreement. Lot Lease may, at its discretion, assist in mediating disputes between Users.
17. MODIFICATIONS TO THE SERVICE AND TERMS
17.1 Modifications to the Service
We reserve the right to modify or discontinue, temporarily or permanently, the Service or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension, or discontinuance of the Service or any part thereof.
17.2 Modifications to these Terms
We may modify these Terms from time to time. We will notify you of material changes by posting the amended Terms on the Service and updating the "Last Updated" date above. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of such revised Terms.
18. TERMINATION
18.1 Termination by You
You may terminate these Terms at any time by deactivating your account and discontinuing use of the Service. Please note that termination of your account does not relieve you of any obligations to pay any outstanding fees or fulfill any existing bookings.
18.2 Termination by Lot Lease
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Service will immediately cease.
18.3 Survival
All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification, limitations of liability, and dispute resolution provisions.
19. GENERAL PROVISIONS
19.1 Entire Agreement
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and Lot Lease regarding your use of the Service, and supersede and replace any and all prior oral or written understandings or agreements between you and Lot Lease regarding the Service.
19.2 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may assign or transfer these Terms, at our sole discretion, without restriction.
19.3 Notices
We may provide any notice to you under these Terms by posting the notice on the Service or sending an email to the address associated with your account. Notices to us should be sent to [email protected].
19.4 No Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Lot Lease.
19.5 Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
19.6 Force Majeure
Lot Lease shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, natural disaster, civil or military authority, acts of government, labor disputes, or failure or disruption of mechanical equipment, computer systems, telecommunications equipment, or other equipment.
20. CONTACT INFORMATION
If you have any questions about these Terms, please contact us at:
Lot Lease, Inc.
Email: [email protected]