Terms of Service

These Terms of Service govern access to and use of the Tailgate website, marketplace, and related services.

By using Tailgate, you agree to these Terms.

Eligibility

You must be at least 18 years old and legally capable of entering into a binding agreement to make a reservation or submit a parking space through Tailgate.

Tailgate's Role

Tailgate operates a technology marketplace designed to connect people seeking gameday parking with independent property owners or other authorized hosts offering parking spaces.

Unless expressly stated otherwise, Tailgate does not own, lease, operate, possess, manage, or control the properties listed by independent hosts.

Hosts are responsible for their properties, listings, availability, legal authority to offer parking, and compliance with applicable laws and property restrictions.

Pre-Launch Status

Tailgate is currently in a pre-launch phase.

The platform may display proposed or approved parking listings while Tailgate tests host supply and marketplace functionality.

Paid reservations are not currently available to the general public.

The presence of a listing does not guarantee that it will remain available or become available for paid booking.

Listings and Platform Review

Tailgate may review host submissions before publication, but such review is not a warranty, certification, inspection, or guarantee of a host, property, parking space, ownership interest, safety condition, legal compliance, or listing accuracy.

Users remain responsible for exercising reasonable judgment.

Information such as estimated walking time, distance, availability, photographs, descriptions, amenities, access instructions, and other listing information may be supplied by hosts or generated from available information and may be approximate.

Traffic, construction, law-enforcement activity, road closures, weather, crowds, and event operations can affect access and walking times.

Parking Reservations

Once paid bookings are launched, a confirmed reservation will provide the customer a limited license to use the identified parking space during the reservation period and subject to the listing rules.

A reservation does not transfer ownership, tenancy, leasehold rights, or any other property interest.

Unless Tailgate expressly introduces a separate service that states otherwise, Tailgate does not take custody or possession of a customer's vehicle or keys.

The parking service is intended to be self-parking.

No bailment or vehicle-safekeeping relationship is created merely because a parking space is reserved through Tailgate.

User Responsibilities

Users must:

• provide accurate information;
• follow parking and access instructions;
• park only in the authorized space;
• comply with disclosed vehicle restrictions;
• avoid blocking driveways, sidewalks, roads, fire lanes, neighboring property, or other vehicles;
• comply with applicable law;
• behave reasonably toward hosts, customers, neighbors, and other persons; and
• leave the property when the authorized parking period ends.

Users may not use Tailgate for fraud, unlawful activity, harassment, property damage, interference with the platform, unauthorized commercial activity, or any purpose inconsistent with a parking reservation.

Vehicles and Personal Property

Customers are responsible for securing their vehicles and personal property.

Tailgate does not guarantee protection against theft, vandalism, collision, weather, flooding, falling objects, towing, property damage, personal injury, or loss.

Customers should remove valuables and lock their vehicles.

Parking Violations and Towing

A customer who parks outside the designated space, remains beyond the authorized period, violates clearly disclosed parking restrictions, or otherwise parks without authorization may be subject to removal or towing where permitted by law.

Hosts are responsible for complying with applicable law before arranging for a vehicle to be removed.

Tailgate is not responsible for towing or related charges resulting from a customer's violation of applicable law or clearly disclosed parking restrictions, except to the extent responsibility cannot legally be excluded.

Payments and Fees

Paid customer bookings are not currently available.

Before paid bookings launch, Tailgate will disclose applicable reservation prices, platform fees, taxes, and payment terms before checkout.

Payment processing may be provided by an independent third-party payment processor.

Tailgate does not intend to directly store complete customer payment-card numbers.

Refunds

Once paid bookings become available, refunds and cancellations will be governed by Tailgate's Refund Policy and any reservation-specific terms disclosed before payment.

Hosts Are Independent

Hosts are independent users of the marketplace.

A host is not an employee, agent, partner, franchisee, joint venturer, or representative of Tailgate merely because that person lists parking through the marketplace.

Tailgate does not direct or control the day-to-day condition or operation of independently owned parking property.

Insurance

Unless Tailgate expressly states otherwise in writing, Tailgate does not provide automobile, homeowners, renters, property, general-liability, or other insurance coverage for customers or hosts.

Users and hosts are responsible for determining what insurance coverage is appropriate for their activities.

Assumption of Risk

Parking near large public events involves risks including vehicle traffic, pedestrian traffic, uneven surfaces, weather, crowds, crime, third-party conduct, road closures, delays, and changing event conditions.

To the maximum extent permitted by law, users voluntarily assume the ordinary risks associated with entering, parking on, remaining on, and leaving independently operated parking property.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TAILGATE AND ITS SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

TAILGATE DOES NOT GUARANTEE THAT THE PLATFORM WILL BE UNINTERRUPTED, THAT EVERY LISTING WILL BE ERROR-FREE, THAT A HOST OR CUSTOMER WILL PERFORM AS EXPECTED, OR THAT ANY PROPERTY WILL BE FREE FROM HAZARDS, CRIME, DAMAGE, OR OTHER RISK.

Nothing in these Terms excludes a warranty or right that cannot legally be excluded.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TAILGATE AND ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST OPPORTUNITIES, LOSS OF DATA, TRAVEL EXPENSES, OR EVENT-RELATED COSTS ARISING FROM USE OF THE PLATFORM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TAILGATE'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE PLATFORM OR A RESERVATION WILL NOT EXCEED THE GREATER OF:

1. THE AMOUNT OF FEES ACTUALLY RETAINED BY TAILGATE FROM THE USER DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
2. $100.

These limitations do not apply to liability that applicable law does not permit Tailgate to limit or exclude.

User Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Tailgate and its owners, officers, employees, agents, and affiliates from third-party claims, damages, liabilities, losses, and reasonable legal expenses arising from your unlawful use of the platform, material breach of these Terms, infringement of another person's rights, or intentional or negligent misconduct.

This provision does not require you to indemnify Tailgate for liability resulting solely from Tailgate's gross negligence or willful misconduct.

Third-Party Services

Tailgate may rely on third-party providers for hosting, database infrastructure, communications, mapping, analytics, fraud prevention, and future payment processing.

Tailgate is not responsible for independent third-party services except to the extent required by law.

Submitted Content

Users and hosts retain ownership of content they own.

By submitting photographs, descriptions, reviews, or other content to Tailgate, you grant Tailgate a non-exclusive, worldwide, royalty-free license to host, reproduce, resize, crop, display, and use that content as reasonably necessary to operate, market, and improve the marketplace.

You represent that you have the rights necessary to provide submitted content.

Intellectual Property

The Tailgate name, logo, website design, software, graphics, and original platform content are owned by or licensed to Tailgate and may not be copied, reproduced, or commercially exploited without authorization except as permitted by law.

University and Athletic Independence

Tailgate is an independent marketplace and is not affiliated with, sponsored by, endorsed by, or operated by The University of Alabama or Alabama Athletics.

References to games, teams, stadiums, locations, or events are used to describe relevant parking opportunities and do not imply official affiliation or endorsement.

Suspension and Removal

Tailgate may reject, suspend, restrict, cancel, or remove listings, reservations, submissions, or access when reasonably necessary to address fraud, safety concerns, inaccurate information, violations of these Terms, unlawful conduct, technical issues, or marketplace integrity.

Events Outside Tailgate's Control

Tailgate is not responsible for delay or failure caused by circumstances reasonably outside its control, including severe weather, event cancellation, governmental action, law-enforcement restrictions, road closures, utility or internet failures, natural disasters, or similar events, except where applicable law requires otherwise.

Governing Law and Venue

These Terms are governed by the laws of the State of Alabama, without regard to conflict-of-law principles.

To the extent a dispute may lawfully be subject to a contractual venue provision, proceedings relating to these Terms or Tailgate will be brought in an appropriate state or federal court located in Alabama.

Severability

If any provision of these Terms is determined to be unenforceable, the remaining provisions will remain in effect to the maximum extent permitted by law.

Changes to These Terms

Tailgate may update these Terms as the marketplace develops.

The current version will be posted with its updated date.

Material changes applicable to existing paid services may require additional notice or acceptance where appropriate.

Contact

Questions regarding these Terms may be submitted through the support contact method provided by Tailgate.