AirportParkingDirectory.com Terms and Conditions
By accessing and using the Airport Parking Directory web site located at www.airportparkingdirectory.com (the "Web Site") or otherwise availing yourself of the services, products, and information offered by Park `N Fly, Inc. ("Airport Parking Directory", "we" or "our") through the Web Site, including posting a review, 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 Site. If you do not agree to these Terms and Conditions, do not use the Web Site.
Overview
Airport Parking Directory provides visitors to our Web Site with on-line access to information regarding our products and services, including, without limitation, the posting of reviews, the booking of advance reservations for parking space and the ability to pay for airport parking in advance (the "Services").
License and Access to the Web Site
Airport Parking Directory grants you a limited, non-transferable license to access and use for non-commercial purposes the Web Site. Such limited license shall enable you to use the Web Site to make legitimate reviews, reservations and learn about our products and services; provided, however, you shall not use the Web Site for any other purposes, including without limitation, to make any speculative, false or fraudulent review or reservation or reservation in anticipation of demand. This license shall not include any resale or commercial use of the Web Site or their contents; any derivative use of the Web Site 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 Airport Parking Directory or our affiliates without our prior express written consent.
We make no guarantees regarding the availability of the Web Site or the Services, referenced in the Web Site. Furthermore, we reserve the right, within our sole discretion, to discontinue the Web Site or Services and/or modify the contents of the Web Site 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 Site or the Services. Any rights not expressly granted by these Terms and Conditions are reserved by us.
Restrictions on Your Use
All content within the Web Site and any materials made available on these pages for downloading are the property of Airport Parking Directory and/or its affiliates or other third parties. The Web Site and portions of the Web Site are protected by copyright and trademark laws. This Agreement does not grant any license to modify or alter the materials on the Web Site 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 Site 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 Site or its 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 Site. You may not take any action, which imposes an unreasonable or disproportionately large load on the system providing the Web Site. 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 Site.
Age and Account Responsibility
If you use the Web Site, 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 Site and to create binding legal obligations for any liability you may incur as a result of the use of the Web Site. You understand that you are financially responsible for all uses of the Web Site 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 Site 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 Airport Parking Directory, its affiliates, users or the public.
Intellectual Property Ownership
Any and all intellectual property rights associated with the Web Site, 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 Site in any way without the express written consent of Park `N Fly or the express written consent of the appropriate third party, as applicable. Except as provided herein, Park `N Fly does not grant to you any express or implied rights to Park `N Fly or any third party's intellectual property. Any rights associated with the content of the Web Site, which is transmitted, downloaded, or otherwise processed by Park `N Fly, shall be retained by the owner of such 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 Airport Parking Directory Privacy Statement is incorporated into the terms of this Agreement by this reference.
Termination
You agree that Airport Parking Directory, in its sole discretion, may terminate your use of the Web Site, and remove and discard any content within the Web Site, for any reason. You agree that any termination of your access to the Web Site under any provision of this Agreement may be effected without prior notice. Further, you agree that Airport Parking Directory shall not be liable to you or any third party for any termination of your access to the Web Site.
Links
The Web Site may provide or include links to other World Wide Web Site or resources. Because we have no control over such sites and resources, you acknowledge and agree that Airport Parking Directory 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.
Airport Parking Directory prohibits caching of any portion of the Web Site and any unauthorized hypertext links to the Web Site. We reserve the right to disable any unauthorized links or frames. If you desire to provide a hyperlink from your website to the Web Site, you must contact Airport Parking Directory to discuss mutually agreeable terms for such hyperlink.
Use of Chat Rooms, Bulletin Boards and Other Interactive Areas
The Web Site may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of travel experiences or other content, messages, materials or other items on the Web Site ("Interactive Areas"). If Airport Parking Directory provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and shall use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Web Site any of the following:
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Any message, data, information, text, music, sound, photos, graphics, code or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
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Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
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Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity
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Unsolicited promotions, political campaigning, advertising or solicitations;
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Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
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Viruses, corrupted data or other harmful, disruptive or destructive files;
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Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
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Content that, in the sole judgment of Airport Parking Directory, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Web Site, or which may expose Airport Parking Directory or its affiliates or its users to any harm or liability of any type.
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Airport Parking Directory takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Airport Parking Directory liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Airport Parking Directory is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although Airport Parking Directory has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Airport Parking Directory reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Web Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Web Site at your sole cost and expense.
Any use of the Interactive Areas or other portions of the Web Site in violation of the foregoing shall constitute a violation of this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Web Site. Pursuant to the terms of the Airport Parking Directory Privacy Statement, in order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect and defend the rights of Airport Parking Directory, Park `N Fly, Inc., their customers, employees or any other user of their respective services, or to ensure the integrity and operation of Airport Parking Directory's business and systems, Airport Parking Directory may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content. Any and all Content shall not be deemed personal information for purposes of the Airport Parking Directory's Privacy Statement and Airport Parking Directory's right to disclose any such information shall govern over any terms of Airport Parking Directory's Privacy Statement.
Rights to User Content
By posting or distributing Content to or through the Web Site, unless we indicate otherwise, you hereby (a) grant Airport Parking Directory and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised; (b) grant Airport Parking Directory and its affiliates and sublicensees the right to use the name that you submit in connection with such Content, if they choose; and (c) represent and warrant that (i) you own and control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the Web Site; (ii) such Content is accurate and not misleading; and (iii) the use and posting or other transmission of such Content does not violate this Agreement and will not violate any rights of or cause injury to any person or entity. You further grant Airport Parking Directory the right to pursue at law any person or entity that violates your or Airport Parking Directory's rights in the Content by a breach of these Web Site Terms and Conditions.
Content submitted by users will be considered non-confidential and Airport Parking Directory is under no obligation to treat such Content as proprietary information. Without limiting the foregoing, Airport Parking Directory reserves the right to use the Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Airport Parking Directory is under no obligation to offer you any payment for Content that you submit or the opportunity to edit, delete or otherwise modify Content once the it has been submitted to Airport Parking Directory. Airport Parking Directory shall have no duty to attribute authorship of Content to you, and shall not be obligated to enforce any form of attribution by third parties.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by Airport Parking Directory or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release Airport Parking Directory, and its licensees, successors and assigns, from any claims that you could otherwise assert against Airport Parking Directory by virtue of any such moral rights.
Advertisements and Promotions
Airport Parking Directory may run advertisements and promotions from third parties on the Web Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Airport Parking Directory, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Airport Parking Directory is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Web Site.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Airport Parking Directory has adopted a policy of terminating, in appropriate circumstances and at Airport Parking Directory's sole discretion, subscribers or account holders who are deemed to be repeat infringers as contemplated by the DMCA. Airport Parking Directory may also at its sole discretion limit access to the Web Site and/or terminate the accounts of any users who infringe any intellectual property rights of any party, whether or not there is any repeat infringement.
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 SITE AND/OR ANY MATERIALS PROVIDED ON THE WEB SITE, 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 SITE 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 SITE, THEIR SERVERS OR ANY E-MAIL SENT FROM 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 SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEB SITE. 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 SITE 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 SITE 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 Site 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 Site. 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 Site.
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 Site 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 Site 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 and other uses of portions of the Web Site, 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 August __, 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 Airport Parking Directory and 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 on-line 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 cancelling your reservation. You can modify or cancel your reservation on-line 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 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 Network, Inc.
2060 Mt. Paran Road, NW
Suite 207
Atlanta , GA 30327
Your refund will be mailed to you within 21 business days of receipt by Park `N Fly Network.
7. Booking Variances. Due to geographic differences, advance booking requirements may vary by location.