These terms of use are entered into by and between you and LDP Enterprises, LLC (“Company,” “us,” or “we”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of www.sugarparking.com, including any content, functionality, and services offered on or through www.sugarparking.com (the “Website”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, its services, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.sugarparking.com/terms/privacy incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company or its users and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Throughout these Terms, the words “lend” and “borrow,” and all formations of the aforementioned words, represent any situation, and any terms used to describe such situation, on the Website in which a legal owner, or person with legal authority, of a parking space agrees to allow another user to temporarily use that parking space for an agreed upon time. Thus, for purposes of these terms, “lend” and “borrow,” and all formations of the aforementioned words, will represent any words or phrases on the Website that describe such situation, including, but not limited to, the following: rent, loan, lease, score, make available, or borrow.

We may revise and update these Terms of Use from time to time in our sole discretion. If we make any changes to the Terms of Use, we will use commercially reasonable efforts to notify you by means of email or a notice posted within the Website prior to the change becoming effective. However, your continued use of the Website following our notification via email or the posting of revised Terms of Use on the Website means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

The purpose of this Agreement is to set forth the Terms of Use under which, among other things, Company will license to you use of its Website, certain of Company’s technology, software, and/or services such that (i) you may search and view parking spaces available to borrow and related information, (ii) you may make your parking spot(s) available for other users to borrow; (iii) you may pay fees to the Company or a parking facility’s management, collect payments from borrowers, make payments to lenders, or donate to charities recommended by the Company, if applicable; (iv) you may select and borrow parking spaces from other users; (v) and you may communicate with other users related to parking space availability and lending (collectively, the “Purpose”).

Company does not directly provide any products or services other than making the Website and its services available. Company does not endorse or recommend the products or services of any particular company or individual.

The Website may contain forums or features that allow users to: lend parking spaces for a specific time, borrow parking spaces on a temporary basis, post parking space availability, request parking spaces to borrow, submit reviews, rate an experience of lending or borrowing a parking space to or from another user, make comments about other users or parking spaces, send e-mails and other such communications, submit questions, ideas, and other information for publication and distribution, and/or post, submit, publish, display, or transmit content to other users or persons on or through the Website and its services. We refer to these forums and features as “Parking Posts.”

All Parking Posts must comply with the Content Standards set out in these Terms of Use.

Any Parking Posts you post to or through the Website will be considered non-confidential and non-proprietary. By providing a Parking Post, you: (i) grant us and our affiliates and service providers, and each of our and their respective licensees, successors and assigns the right to use, modify, copy, reproduce, publish, distribute, publicly perform or display, adapt, translate, create derivative works, archive, store, upload, share, post, sublicense, or otherwise make available, any such Parking Posts in any form and through any media of any kind now known or later developed, for any purpose; and (ii) irrevocably waive and assign to us any and all moral rights you may have in or with respect to any and all Parking Posts you post to the Website.

By lending a parking space through the Website and its services, you represent and warrant that you have permission from the legal owner of that parking space to make a Parking Post related to that parking space and to lend that parking space. By submitting a Parking Post, you represent and warrant that such Parking Post does and will comply with these Terms of Use. You are solely responsible for any Parking Posts you submit or contribute, and you have full responsibility for such content, including its legality, reliability or accuracy. We assume no responsibility for monitoring Parking Posts and have no obligation to review Parking Posts or monitor the duration in which a vehicle remains in a parking space. In addition, we do not guaranty the accuracy, reliability, integrity, or quality of any Parking Posts. All statements and/or opinions expressed in such content are solely the opinions and responsibilities of the person or entity proving such content. You acknowledge that once a message, content or any Parking Post is submitted or posted through the Website and its services, you may not be able to withdraw or delete it.

The Company does not warrant the accuracy, completeness, or usefulness of information posted on the Website or communicated to users through it, including Parking Posts. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, owners of participating facilities, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. We are not responsible, or liable to you or any third party, for the content, accuracy, or execution of agreements made between you and third parties, or between you and other users, through the use of the Website and its services.

All purchases, agreements to lend or borrow parking spaces, and any other transactions for services formed through the Website or resulting from visits to the Website made by you are governed by these Terms of Use. The Company is not responsible or liable for the accuracy or execution of any agreements made between users on the Website.

Company shall not be liable for injury to person, theft, towing of a vehicle, damage to a vehicle, damage to a parking space, any damage to the facility that encompasses the lender’s parking space, or any damage to the surrounding area of the facility upon a user entering or leaving the facility’s premises. Company shall not be required to review or monitor any Parking Posts entered into or through the Website and its services or otherwise posted by you, and you shall be solely responsible for the veracity and accuracy of all such data, content and information.

Company shall not be liable in any way for the condition of any parking space, facility that encompasses the parking space or area surrounding the parking space, vehicle, or the performance, or lack there-of, by any user in the lending or borrowing of parking spaces, including, without limitation, any amounts owed for a vehicle being in a parking spot outside of the agreed upon dates and times. You agree that Company shall not be liable for any damages or costs of any type arising out of or in any way connected with any relationship initiated or any information learned through the Website or any of the Company’s services. You are solely responsible for independently verifying the background and reputation of those parties with whom you enter into, or with whom you prospectively will enter into, a lending or borrowing transaction. The responsibility of providing information or devices for gaining access to parking facilities, or areas, is solely with the lender of the parking space. Any requests for time or date extensions for the use of parking spaces must be approved through the Website and agreed upon by the lender of the parking space.

You agree to abide by the applicable governing documents, by-laws, and rules and regulations of the applicable ownership, management, or association responsible for the facility at which the parking space is located. All aspects of use of parking space, common elements, and guest behavior are to comply as per the governing documents of the facility or area in which the parking space is located. Without limiting the generality of the foregoing, vehicles must abide by the required height limitations, speed limit, and appearance standards dictated by the applicable ownership, management, or association responsible for the facility or area in which the parking space is located.

Further to your release above, in the event of any controversy or dispute regarding any transaction or engagement conducted through or in connection with use of the Website (a “Dispute”), you hereby release Company, its affiliates and subsidiaries, and their respective directors, managers, officers, employees, agents, equity holders, successors and assigns (the “Released Parties”), and each of the foregoing, from any and all manner of action, claim or cause of action or suit, at law or in equity, and from any and all losses, damages, costs or expenses, including without limitation court costs and attorneys’ fees, which you may have against the Released Parties, or any of them, known or unknown, disclosed or undisclosed, which arise out of or relate in any way to a Dispute. If you are a California resident, you hereby waive your rights under Section 1542 of the California Civil Code, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Company does not currently charge its users to access and use the Website or its services, however Company (i) may charge fees to its merchant and/or business customers pursuant to separate agreements or arrangements with such parties, and (ii) may, at any point and in its discretion, elect to begin charging fees to end users for use of various portions of the Website or its services and/or for different levels of subscription or account.

We reserve the right to withdraw or amend this website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all of the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy (INSERT URL), and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by your or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website and its services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

If you wish to make use of material on the Website, please address your request to: contact@sugarparking.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy and copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

The Company name, the term LDP Enterprises, LLC, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity including, without limitation, by using email addresses or user names associated with any of the forgoing.
• To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying and of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website and its services.

Without limiting the generality of any other provisions of these Terms of Use, you may not post, upload, or transmit any Parking Post that:

• is offensive, threatening, illegal, harmful, tortuous, abusive, defamatory, obscene, vulgar, hateful, that infringes any third party right, or is otherwise unlawful;
• promotes illegal activities or conduct that is offensive, threatening, harmful, tortuous, abusive, defamatory, obscene, vulgar, hateful, or is otherwise unlawful;
• is false, misleading, or defamatory;
• is related to lending a parking spot that you do not legally own unless you have the express permission from the rightful owner;
• is protected by copyright, trade secret, or subject to any other third party intellectual property rights or privacy rights unless you are the owner of such rights or you have the express permission from the rightful owner of such rights to upload, post, or submit such content and to grant us all the rights granted herein;
• provides personal data such as telephone numbers, home or e-mail addresses, full names or last names without the explicit permission of the subject of such personal data;
• contains photos of any person without the explicit permission of such person;
• involves the transmission of unsolicited mass mail, spam, junk mail, or otherwise interferes with other users’ enjoyment of the Website or its services;
• falsely states or implies that such content is sponsored or endorsed by us or our affiliates;
• contains restricted or password-only access pages or hidden pages or images;
• involves commercial activities or sales unless otherwise agreed by our prior written consent; or
• involves sending or otherwise making available any material that contains viruses, trojan horses, worms, time bombs, or any other similar software that may damage the operation of our or any third party web provider’s servers, computers, or networks.

We reserve the right to change or discontinue any aspect or feature of our Website or services, including, but not limited to, content, hours of availability, transmission speed, and requirements for access or use.

We have the right to:

• Edit, remove, or refuse to post any Parking Post for any or no reason in our sole discretion.
• Terminate your account or suspend or prohibit your access to the Website or services for any or no reason in our sole discretion.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or services.
• Disclose your identity or other information about you to any third party who claims that any Parking Post posted by you violates their ownership rights, intellectual property, or other rights.

Notwithstanding the foregoing, Company shall not be required to review or monitor any Parking Posts entered into or through the Website or otherwise posted by you, and you shall be solely responsible for the veracity and accuracy of all such data, content and information. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on the Website or its services.

The Website may contain links to third-party websites. We are not responsible for the content, accuracy or function of such websites. The inclusion of any link to other websites does not imply endorsement by us. Your use of third-party websites is at your own risk.

You may link to the Website, provided that (i) you do so in a way that is legal, fair, and does not damage our reputation; and (ii) the website from which you are linking complies in all respects with the Content Standards found in Section 12, above. You may not establish a link in a way that suggests any association, approval or endorsement on our part. We reserve the right to withdraw linking permission and disable any links at any time.

A. No Warranties. EXCEPT AS EXPLICITLY SET FORTH HEREIN, NEITHER COMPANY, ITS AFFILIATES, OR ANY OF ANY SUCH PARTY’S EQUITY HOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS NOR THE LIKE, MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (B) THAT THE WEBSITE AND ITS SERVICES WILL BE ERROR-FREE, (C) AS TO A MINIMUM LEVEL OF UPTIME FOR THE WEBSITE AND ITS SERVICES, OR (D) AS TO THE RESULTS THAT MAY BE OBTAINED BY YOU BY ENTERING INTO THE TERMS OF USE AND/OR USING THE WEBSITE AND ITS SERVICES. YOU AGREE AND ACKNOWLEDGE THAT THE WEBSITE AND ITS SERVICES ARE LICENSED AND/OR PROVIDED HEREUNDER ON AN “AS IS” BASIS. IN ADDITION, YOU HEREBY AGREE AND ACKNOWLEDGE THAT: (I) COMPANY SHALL NOT BE RESPONSIBLE FOR ANY ACTIONS TAKEN BY ANY OTHER PARTY USING THE WEBSITE OR ITS SERVICES; (II) COMPANY DOES NOT RECOMMEND OR ENDORSE ANY THIRD PARTIES HEREUNDER, AND MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING ANY SUCH THIRD PARTY; (III) COMPANY IS NOT RESPONSIBLE FOR ANY OTHER PARTY’S COMPLIANCE WITH APPLICABLE DATES, TIMES, DURATION OF PARKING SPACE AVAILABILITY, DURATION OF PARKING SPACE USE, LAWS, RULES, OR REGULATIONS; (IV) COMPANY’S SERVICES ARE ADMINISTRATIVE IN NATURE AND COMPANY IS NOT RESPONSIBLE FOR VERIFYING THE ACCURACY OR VERACITY OF ANY PARKING POST; (V) COMPANY SHALL NOT, UNDER ANY SET OF CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR ANY CONTENT, TEXT, PHOTOGRAPHS AND/OR OTHER PARKING POST, INCLUDING ANY PARKING POST WHICH MAY VIOLATE APPLICABLE LAW AND/OR A THIRD PARTY’S OWNERSHIP OR INTELLECTUAL PROPERTY RIGHTS; (VI) COMPANY SHALL NOT BE LIABLE FOR ANY LOST USE, BUSINESS, OR OTHER DAMAGES ARISING OUT OF ANY NEGATIVE, UNTRUTHFUL, INACCURATE, CRITICAL OR INAPPROPRIATE REVIEWS OR COMMENTS, (VII) THE COMPANY SHALL NOT BE LIABLE FOR ANY ACTION THAT AN OWNER OF A PARKING SPACE OR OTHER PERSON OR ENTITY TAKES IN REGARDS TO A VEHICLE, INCLUDING THE TOWING OF THAT VEHICLE, (VIII) THE COMPANY IS NOT RESPONSIBLE FOR ANY INJURY TO PERSON, THEFT, DAMAGE TO A VEHICLE, DAMAGE TO THE FACILITY OR GROUNDS UPON WHICH THE PARKING SPACE IS LOCATED, OR DAMAGE TO A PARKING SPACE AND IS NOT LIABLE FOR EXPENSES INCURRED FROM TOWING OR OTHER DAMAGE TO A VEHICLE OR PARKING SPACE.

COMPANY SHALL NOT, UNDER ANY SET OF CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, VEHICLE DAMAGE, DAMAGE TO THE FACILITY OR AREA IN WHICH THE PARKING SPACE IS LOCATED, VEHICLE TOWING, THEFT, OR LOST PROFITS OR DATA, ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE WEBSITE AND ITS SERVICES, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You agree to defend, indemnify, and hold us and our officers, shareholders, directors, employees and agents harmless from and against any demands, loss, liability, claims, or expenses (including reasonable attorneys’ fees), made against us by any third party due to, arising out of, or related to (i) your access to the Website or its services, (ii) your use of the Website or its services, (iii) any Parking Post posted, uploaded or transmitted by you or any third party using your account or user name, (iv) your use or distribution of any Parking Post, (v) your violation of these Terms of Use, (vi) any use of your account or user name by you or any third party, or (vii) the infringement or other violation by you, or any third party using your account or user name, of any intellectual property or other right of any person.

The Terms of Use represent the entire agreement between you and us with respect to the subject matter addressed herein and supersede all prior to contemporaneous agreements or understandings, written or oral. The Terms of Use shall be binding upon and inure to the benefit of the parties hereto and their respective successors and lawful assigns.

Any failure by us to enforce or exercise any provision of these Terms of Use shall not constitute a waiver of that right or provision. Our failure to act with respect to a breach by you or others does not waive our rights to act with respect to subsequent or similar breaches. If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect.

We operate the Website and its services from the Company’s office in Chicago, Illinois. These Terms of Use will be governed by and construed in accordance with the internal laws of the State of Illinois, without regard to its conflicts of law provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Cook County, Illinois, and waive any objection to such jurisdiction or venue.

Although the Website and its services may be accessible worldwide, we make no representation that materials on the Website are appropriate or available for use in locations outside the United States, and accessing the Website from territories where its use is illegal is prohibited.