PARK ’N FLY TERMS OF USE
By accessing and using the Park ‘N Fly web sites located at www.pnf.com, www.parkandfly.com, and www.parknfly.com (the “Web Sites”) or otherwise availing yourself of the services, products, and information offered by Park ‘N Fly, Inc. (“Park ‘N Fly”, “we” or “our”) through the Web Sites, including joining the Park ‘N Fly Frequent Parker Bonus Program, making reservations and facilitating the payment for your parking, you agree to be bound by the Terms and Conditions (hereinafter “Terms and Conditions” or “Agreement”) in effect at the time of each such access, purchase, or other use.
You also acknowledge that we may, from time to time, in its sole discretion and without notification to you, change these Terms and Conditions. You should review the Terms and Conditions each time you visit or use the Web Sites. If you do not agree to these Terms and Conditions, do not use the Web Sites
Overview
Park ‘N Fly provides visitors to our Web Sites with on-line access to information regarding our products and services, including, without limitation, the Frequent Parker Bonus Program, the booking of advance reservations for parking space and the ability to pay for airport parking (the “Services”).
License and Access to the Web Sites
Park ‘N Fly grants you a limited, non-transferable, non-exclusive license to access and use for non-commercial purposes the Web Sites. You may only use the Web Sites to make legitimate reservations, join the Frequent Parker Bonus Program and/or learn about our products and services and shall not use the Web Sites for any other purposes, including without limitation, to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand. This license does not include any resale or commercial use of the Web Sites or their contents; any derivative use of the Web Sites or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Park ‘N Fly and our affiliates without our prior express written consent.
We make no guarantees regarding the availability of the Web Sites or the Services, referenced in the Web Sites. Furthermore, we reserve the right, within our sole discretion, to discontinue the Web Sites or Services and/or modify the contents of the Web Sites or the terms of the Services as we see fit, including but not limited to the pricing, airport parking facilities, and other information and/or functionality. You agree that we will not be liable to you for any such discontinuance or modification of the Web Sites or the Services. Any rights not expressly granted by these Terms and Conditions are reserved by Park ‘N Fly.
Restrictions on Your Use
All content within the Web Sites and any materials made available on these pages for downloading are the property of Park ‘N Fly and/or its affiliates or other third parties. The Web Sites and portions of the Web Sites are protected by copyright and trademark laws. This Agreement does not grant any license to modify or alter the materials on the Web Sites that are viewed, downloaded or otherwise accessed by you. You shall keep intact all proprietary notices, including copyright notices, contained on any downloadable materials. You may not input or upload to the Web Sites any information which contains any viruses, Trojan horses, worms, spiders, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, the Web Sites or their contents or that infringes the intellectual property rights of any other party. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Web Sites. You may not take any action, which imposes an unreasonable or disproportionately large load on the system providing the Web Sites. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any and all harm resulting from your use of the Web Sites.
Age and Account Responsibility
If you use the Web Sites, you are responsible for maintaining the confidentiality of your account information and your password. You agree to accept responsibility for all activities that occur under your account or password. You represent that you are of sufficient legal age to use the Web Sites and to create binding legal obligations for any liability you may incur as a result of the use of the Web Sites. You understand that you are financially responsible for all uses of the Web Sites by you and those using your login information.
Disclosure of Content Monitoring
Although we have no obligation to monitor any information provided to the Web Sites by its users, including without limitation, your personal information, we reserve the right to monitor, retain, and disclose such information if required to do so by law or in a good faith belief that such disclosure is reasonably necessary to comply with legal requirements, to respond to claims that any information violates the rights of third parties, or to protect the rights, property or personal safety of Park ‘N Fly, its users or the public.
Intellectual Property Ownership
Any and all intellectual property rights associated with the Web Sites, including, without limitation, any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents (“Intellectual Property”) are the sole property of Park ‘N Fly, or third parties. Except as otherwise expressly authorized by this Agreement, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Web Sites in any way without Park ‘N Fly or the appropriate third party’s prior written permission. Except as provided herein, Park ‘N Fly does not grant to you any express or implied rights to Park ‘N Fly’s or any third party’s Intellectual Property. Any rights associated with the content of the Web Sites, which is transmitted, downloaded, or otherwise processed by Park ‘N Fly, shall be retained by the owner of the content, if any, and may be protected by applicable copyright, trademark, or other laws.
Privacy Statement
Your personal information and certain other information about you are subject to our Privacy Statement. The Park ‘N Fly Privacy Statement is incorporated into the terms of this Agreement.
Termination
You agree that Park ‘N Fly, in its sole discretion, may terminate your use of the Web Sites, and remove and discard any content within the Web Sites, for any reason. You agree that any termination of your access to the Web Sites under any provision of this Agreement may be effected without prior notice. Further, you agree that Park ‘N Fly shall not be liable to you or any third party for any termination of your access to the Web Sites.
Links
The Web Sites may provide or include links to other World Wide Web sites or resources. Because Park ‘N Fly has no control over such sites and resources, you acknowledge and agree that Park ‘N Fly is not responsible for the availability of such external site, or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. YOU FURTHER ACKNOWLEDGE AND AGREE THAT PARK ‘N FLY 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 SITES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.
Park ‘N Fly prohibits caching of any portion of the Web Sites and any unauthorized hypertext links to the Web Sites. Park ‘N Fly reserves the right to disable any unauthorized links or frames. If you desire to provide a hyperlink from your web site to the Web Sites, you must contact Park ‘N Fly to discuss mutually agreeable terms for such hyperlink.
Exclusion of Warranty
PARK ‘N FLY, PARK ‘N FLY NETWORK, INC., OWNERS OF PARTICIPATING PARKING FACILITIES AND ANY THIRD PARTY PROVIDERS MAKE NO WARRANTY OF ANY KIND REGARDING THE WEB SITES AND/OR ANY MATERIALS PROVIDED ON THE WEB SITES, ALL OF WHICH ARE PROVIDED ON AN "AS IS" “AS AVAILABLE” BASIS. PARK ‘N FLY, PARK ‘N FLY NETWORK, INC., OWNERS OF PARTICIPATING PARKING FACILITIES AND ANY THIRD PARTY PROVIDERS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THE WEB SITES AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NEITHER PARK ‘N FLY, PARK ‘N FLY NETWORK, INC. AND ANY THIRD PARTY PROVIDERS WARRANT THAT THE WEB SITES, THEIR SERVERS OR ANY E-MAIL SENT FROM PARK ‘N FLY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH VARY FROM STATE TO STATE.
Limitation of Liability
PARK ‘N FLY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEB SITES OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEB SITES. IN NO EVENT SHALL PARK ‘N FLY, PARK ‘N FLY NETWORK, INC., OWNERS OF PARTICIPATING PARKING FACILITIES AND ANY THIRD PARTY PROVIDERS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THE WEB SITES OR CONTENT FOUND THEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THE WEB SITES FOR RESERVATIONS), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY PARK ‘N FLY, PARK ‘N FLY NETWORK, INC., OWNERS OF PARTICIPATING PARKING FACILITIES AND ANY THIRD PARTY PROVIDERS, INCLUDING, BUT NOT LIMITED TO, NON PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
If, notwithstanding the foregoing, Park ‘N Fly, Park ‘N Fly Network, Inc., any owner of a participating parking facility or any third party provider should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of the Web Sites or their content, the liability of such party(ies) shall in no event exceed, in the aggregate, US $100.00. In its sole discretion, in addition to any other rights or remedies available to us and without any liability whatsoever, we, at any time and without notice, may terminate or restrict your access to all of or any component of the Web Sites. Some states do not allow limitation of liability, so the foregoing limitation may not apply to you.
Indemnification
You shall defend and indemnify Park ‘N Fly, Inc, Park ‘N Fly Network, Inc., owners of participating parking facilities and any third party providers and their officers, directors, employees and agents from and against any claim, cause of action or demand, including, without limitation, reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of the Web Sites.
Governing Law
This Agreement and its performance shall be governed by the laws of the state of Georgia, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Fulton County, Georgia, United States of America, in all questions and controversies arising out of your use of the Web Sites and this Agreement. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of the Web Sites must be brought within two (2) years from the date on which such claim or action arose or accrued.
Attorney’s Fees
If Park ‘N Fly or its affiliates take any action to enforce this Agreement and these Terms and Conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
Additional Terms
Additional terms and conditions may apply to reservations, membership benefits in the Park ‘N Fly Frequent Parker Bonus Program and other uses of portions of the Web Sites, and you agree to abide by such other terms and conditions.
Complete Agreement
This Agreement constitutes the entire agreement between you and Park ‘N Fly with respect to the subject matter hereof and supersedes all previous agreements or representations, written or oral, with respect to the subject matter hereof. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The provisions which by their nature should survive termination of this Agreement shall so survive.
This Agreement was last modified and is effective as of May __, 2006.
Additional Terms and Conditions for Reservations
In addition to the Terms and Conditions, the following Additional Terms and Conditions apply when making reservations for a parking space through Park ‘N Fly Network, Inc.:
1. Confirmation and Reservation. You receive your confirmation two ways. At the end of the booking process, a confirmation screen will display showing your booking details, which you can then print. You will also receive an e-mail confirmation within 24 hours, which you can print. You must bring your printed copy of your reservation to the parking facility. First, it can be used to guarantee your parking. Then, when you exit the facility, the cashier will attach it to your ticket as proof of payment. Your confirmation number is not proof of purchase. Without your proof of purchase (the printed copy of your reservation), you must pay the cashier the full amount when exiting the facility. Facility staff cannot access your online booking and cannot verify your purchase without your printed reservation. If you do not bring the printed copy of your reservation, you will be charged the full amount of your stay at the then prevailing rates. If you cannot print your reservation or have lost your reservation, you can call our Reservation Center at 1-800-PNF-NTWK (763-6895) and one of our friendly representatives will be happy to find your booking and send you a copy.
2. Coupons. When you make your reservation online, your rate is secured, and, therefore, cannot be combined with a coupon, special offer or other promotion when you exit the facility.
3. Modifying or canceling your reservation. You can modify or cancel your reservation online at the Park ‘N Fly Network Customer Service page. 24 hours advance notice is required. You will need to enter the first and last name exactly as entered on your booking, your Reservation Confirmation Number and your Reservation Pin Number. Your confirmation and pin number are located on both your Confirmation Voucher Page and your E-mail Confirmation. To modify your reservation, you will be charged a $5.00 fee. To cancel your reservation, you will be charged a $10.00 fee.
4. Extended and Unused Stays. The cashier at the parking facility will charge you for any additional hours or days that you have not paid for at the time of booking your online reservation. No refund will be issued for unused days. You may choose to modify your booking at least 24 hours in advance and a $5.00 fee will be charged (See Section 3 above).
5. Credit Card Billing. Your credit card is charged in full at the time that you make your purchase from Park ‘N Fly.
6. Refunds. If you do not bring your printed reservation to the facility and pay for the parking, you may obtain a refund from us by mailing a copy of the parking receipt from the facility along with your confirmation and your complete contact information within 7 days of exiting the parking facility to:
Customer Service
Park ‘N Fly, Inc.
Suite 207, Paran Place
2060 Mount Paran Road
Atlanta , GA 30327
Your refund will be mailed to you within 21 business days of receipt by Park ‘N Fly.
7. Booking Variances. Due to geographic differences, advance booking requirements may vary by location.
Additional Terms and Conditions — Frequent Parker Bonus Program
In addition to the Terms and Conditions, the following Additional Terms and Conditions apply when joining the Frequent Parker Bonus Program:
1. Membership Sign-up. To apply for membership, simply fill out the online application. The e-mail address you enter on the application will serve as your User Name and your password will be the password you enter. You will receive a confirmatory e-mail from us and you will be required to activate your account. Your Frequent Parker Bonus Card (“Card”) will be sent to you in 2-4 weeks. New members receive a bonus of two days of parking credit just for signing up. If you stay with us before you receive your Card, keep your receipts. Once you receive your membership packet, you will be able to go online to get credit for your stay.
2. Earning Frequent Parker Credit. As a member of our Frequent Parker Bonus Program, you will earn 1 day of free parking for every 8 days you park with us. Your parking credit will be added automatically to your account each time you use your Card.
3. Redeeming Frequent Parker Credits. Redeem your credits for free parking online. Redeem only the days you need. Credits can be redeemed for free parking at any participating Park ‘N Fly facility nationwide, however, participating facilities are subject to change and availability, so please refer to the facilities listing in the redeem credits section of your account summary to confirm facility participation.
4. Account Management. You may view your parking history, update your profile, check your credit totals and redeem credits online.
5. Redeeming Punch Cards. Included in your new membership packet will be a self-addressed, postage paid envelope. Fill out the attached information slip and mail it back to us with your punch cards. We will credit your account with points equal to one day of parking at the posted uncovered daily rate for each of your punches. Please allow 6-8 weeks for processing. Fully punched cards will continue to be accepted at the facility for free parking or you may send them in for credit.
6. Payment Options. During the application process or after updating your profile, you may link a credit card to your Card and pay for parking using your Card. In addition, you may use our automated EzXit™ lanes to bypass the cashier and check yourself out of the facility using your Card. Your credit card is charged in full at the time that you make your purchase from Park ‘N Fly.
These Terms of Use were last revised on and are effective as of May 10, 2006.
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