Airportsparking.com, Inc. ("Airportsparking.com " or "we" or "us" or "our") respects the privacy of its users ("user" or "you") whether they use our website located at www.Airportsparking.com, including other media forms and media channels related or connected thereto (collectively, the "Website") to order services from Airportsparking.com. By using Airportsparking.com (including Airportsparking.com and its related sites, services and tools), you agree to the following terms with Airportsparking.com, Inc. The following describes the terms on which Airportsparking.com offers you access to our services:
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of and be directly supervised by their parent or guardian to use the Website. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using the Website. Persons under the age of 13 are not permitted to register for the Website or use the Website Services.
You accept and agree to be bound by this agreement by acknowledging such acceptance during the registration process (if applicable) and also by continuing to use the website. If you do not agree to abide by this agreement, or to modifications that Airportsparking.com may make to this agreement in the future, do not use or access or continue to use or access the Airportsparking.com services or the website.
OUR SERVICE OFFERING
We have created the Website to serve as a marketplace. Airportsparking.com is a platform to advertise parking spot reservation services. Airportsparking.com does not sell or control the services inventory available at the service provider.
The Service Providers are obligated by Airportsparking.com to comply with federal, state, local laws, rules, regulations, and standards pertaining to provide said services, sales, marketing and safety procedures.
Service Providers and Airportsparking.com will not held liable for any theft or damages to: the user's vehicle, items in the vehicle, or any other user property. Service Providers and Airportsparking.com are also not liable for any general or personal injuries that occur while on the property.
ORDERING AND PAYMENT
All orders are placed online. Buyers are usually billed directly by Airportsparking.com for their orders, and "Airportsparking.com" will be the name that appears on your payment records. However, Airportsparking.com shall not in any manner be considered the seller of these services. On occasion, credit card information will be provided to the Services Providers, and in such case, the Service Provider will bill you directly. You will be notified at the time of purchase if the Service Provider will be billing you directly. In such cases, you hereby authorize Airportsparking.com to transfer your credit card information to the Service Provider for processing.
We accept all major credit cards for online services. Simply choose any of the payment methods below. All Airportsparking.com online transactions are secured with industry-standard Verisign SSL data encryption that supports 128-bit encryption. We accept Visa, MasterCard, American Express & Discover credit card. In order to protect our customers from credit card fraud, the billing address on your order form must match the billing address to which your monthly credit card statement is mailed.
PRICING AND INFORMATION DISCLAIMER
Please be aware that all prices listed are subject to change. We strive to accurately display prices and information for all the services we offer. Our prices and other lot/garage information are provided by our Service Providers. If a service is listed or provided to us at an incorrect price or with incorrect information due to typographical error or other errors in pricing or service information received from our Service Providers, Airportsparking.com and/or the Our Service Provider reserves the right to refuse or cancel any requests placed for such services. Airportsparking.com and/or the Service Provider shall have the right to refuse or cancel any such requests regardless of whether the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your request is canceled because of incorrect Service Provider information, we will promptly issue a credit to your credit card account in the amount of the charge. Prices, rates, and inventory are subject to availability from the Service Provider.
TERMS AND CONDITIONS OF SALE
Please read the terms and conditions of the sale agreement carefully. The customer agrees to be bound by this sale agreement and accepts its terms and conditions (unless the customer has signed a separate formal purchase agreement with Airportsparking.com, in which case the separate agreement shall govern).
IMPORTANT INFORMATION ABOUT THIS LEGAL CONTRACT
This Sale Agreement is a legal contract between the Customer and Airportsparking.com. The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Website (references to "you" or "your" shall relate to the Customer; references to "Airportsparking.com " shall relate to Airportsparking.com and its affiliates). The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Website at the time the Customer initially places or modifies an order will govern the order in question. This Sale Agreement constitutes the entire agreement between the Customer and Airportsparking.com relating to the purchase or sale of goods or services on the Site. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Website in a written statement signed by Airportsparking.com. Electronic records (including signatures), that are otherwise valid, shall be accepted under the Sale Agreement. The Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application connected to the Internet; consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting Airportsparking.com at the address provided below. In the event of any conflict between the terms and conditions stated on your purchase order and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our invoice shall control them.
This agreement and any sales hereunder shall be governed by the laws of the State of California, without regard to conflicts of laws rules. The customer consents to the jurisdiction of the federal or state courts located in Santa Clara County, California, for purposes of any suit, action or proceeding arising out of this sale agreement.
GENERAL LEGAL DISCLAIMER
Airportsparking.com hereby expressly disclaims all warranties either expressed or implied, including, without limitation, any warranty of merchant ability or fitness for a particular purpose. This disclaimer by Airportsparking.com in no way affects the terms of the manufacturer's warranty, if any.
Internet connectivity requires access services from an Internet access provider. Contact your local access provider for rates, terms and conditions.
LIMITATION OF LIABILITY
Airportsparking.com will not be liable for lost profits, loss of business or other consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein. Airportsparking.com will not be liable for products or services not being available for use or for lost or corrupted data or software. Note that the customer agrees that for any liability related to the purchase of products or services, Airportsparking.com is not liable or responsible for any amount of damages above the aggregate dollar amount paid by the customer for the purchase(s) under this agreement.
Any claim, dispute, or controversy (whether in contract, tort, or otherwise; whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) arising from or relating to this sale agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this sale agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this sale agreement), Airportsparking.com's advertising, or any related purchase shall be resolved exclusively and finally by binding arbitration administered by the National Arbitration Forum (NAF) under the code of procedure of arbitration-forum.com. At the time the claim is filed the code and if any in-person hearing is required, it shall be held in Santa Clara, California. Judgment on the award rendered by the arbitrator(s) may be entered by any court having jurisdiction. Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration.
You may not access or use the Website for any other purpose other than that for which Airportsparking.com makes it available. The Website is for the personal use of users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Airportsparking.com. Prohibited activity includes, but is not limited to:
A) Criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;
B) Advertising to, or solicitation of, any user to buy or sell any products or services, unless authorized by Airportsparking.com;
C) Systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Airportsparking.com;
D) Making any unauthorized use of the Airportsparking.com Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email;
E) Engaging in unauthorized framing of or linking to the Website;
F) Transmitting chain letters or junk email to other users;
G) Using any information obtained from the Website in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
H) Engaging in any automated use of the system, such as using scripts to add friends or send comments or messages, or using any data mining, robots or similar data gathering and extraction tools;
I) Interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;
J) Attempting to impersonate another user or person;
K) Using the username of another user;
L) Selling or otherwise transferring your profile;
M) Using any information obtained from the Website in order to harass, abuse, or harm another person;
N) Using the Airportsparking.com Service as part of any effort to compete with Airportsparking.com or to provide services as a service bureau;
O) Deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website;
P) Attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;
Q) Harassing, annoying, intimidating or threatening any Airportsparking.com employees or agents engaged in providing any portion of the Airportsparking.com services to you;
R) Displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website on behalf of that person, such as posting blogs or bulletins with a commercial purpose;
S) Deleting the copyright or other proprietary rights notice from any Contribution or Airportsparking.com Content;
T) Using the Website in a manner inconsistent with any and all applicable laws and regulations.
If there is a dispute between users of the Website, or between users and any third party, you understand and agree that Airportsparking.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Airportsparking.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Airportsparking.com services.
WITH REGARD TO Airportsparking.com
All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to this website or the Airportsparking.com services shall be governed and construed by the law of the State of Delaware, excluding such state's conflicts of law rules. Any legal action of whatever nature by or against Airportsparking.com arising out of or related in any respect to this website and the Airportsparking.com services shall be brought solely in either the applicable federal or state courts located in or with jurisdiction over Santa Clara County, California; subject, however, to the right of Airportsparking.com, at Airportsparking.com's sole discretion, to bring an action to seek injunctive relief to enforce this agreement or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with regard to a user. You hereby consent to (and waive any challenge or objection to) personal jurisdiction and venue in the above-referenced courts. Application of the United Nations Convention on contracts for the international sale of goods is excluded from this agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this agreement. In no event shall any claim, action or proceeding by you related in any way to the website and/or the Airportsparking.com service (including your visit to or use of the website and/or the Airportsparking.com service) be instituted more than two (2) years after when the cause of action arose.
Occasionally, there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. Airportsparking.com reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
Airportsparking.com, Inc. cannot control the nature of all of the content available on the Website or food products sold via the Website. By operating the Website, Airportsparking.com, Inc. does not represent or imply that Airportsparking.com, Inc. endorses any sellers, sellers' products, blogs, contributions or other content or products available on or linked to by the Website, including without limitation content hosted on third party websites, or that Airportsparking.com, Inc. believes food products, contributions, blogs or other content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable products or content you may encounter on the Website or in connection with any sellers or contributions. Airportsparking.com, Inc. is not responsible for the conduct, whether online or offline, of any user of the Website or Airportsparking.com, Inc.'s services.
You agree that your use of the website and Airportsparking.com services will be at your sole risk. To the fullest extent permitted by law, Airportsparking.com, its officers, directors, members, employees, and agents disclaim all warranties, express or implied, in connection with the website and Airportsparking.com services and your use thereof, including, without limitation, the implied warranties of merchantability, non-infringement and fitness for a particular purpose. Airportsparking.com makes no warranties or representations about the accuracy or completeness of the Website's content or the content of any websites linked to this Website and assumes no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content and materials, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Website and Airportsparking.com services, (c) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (d) any interruption or cessation of transmission to or from the website, (e) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party, and/or (f) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Website. Airportsparking.com does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered through the website, any hyperlinked website or featured in any banner or other advertising. Airportsparking.com will not be a party to or in any way be responsible for monitoring any transaction between you and providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
LIMITATIONS OF LIABILITY
In no event shall Airportsparking.com or its directors, members, employees, or agents be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the Website or Airportsparking.com services, even if Airportsparking.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Airportsparking.com's liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Airportsparking.com for Airportsparking.com services during the period of 1 month prior to any cause of action arising.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
If you are a California resident, you may waive California civil code section 1542, which says: "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."
You agree to defend, indemnify and hold Airportsparking.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any party due to or arising out of your contributions, use of Airportsparking.com services, including, without limitation use in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, Airportsparking.com reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Airportsparking.com, and you agree to cooperate, at your expense, with Airportsparking.com's defense of such claims. Airportsparking.com will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
From time to time, Airportsparking.com may conduct sweepstakes that entitle the winners to prizes. Each sweepstakes has its own terms and conditions, set forth in the official rules for that sweepstakes.
Except as explicitly stated otherwise, any notices given to Airportsparking.com shall be given by email to [email protected]. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail or discussion forum postings.
U.S. EXPORT CONTROLS
Software from this Website is further subject to United States export controls. No software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
This Agreement constitutes the entire agreement between you and Airportsparking.com regarding the use of Airportsparking.com Services. The failure of Airportsparking.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. Airportsparking.com may assign any or all of its rights and obligations to others at any time. Airportsparking.com shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Airportsparking.com 's reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) INFRINGEMENT NOTICE AND POLICY
If you believe that content available on or through the Website infringes one or more of your copyrights, please immediately notify our Copyright Agent by mail, email or faxed notice ("Notification") providing the information described below, which Notification is pursuant to DMCA 17 U.S.C. § 512(c)(3). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law, you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that content located on or linked to by the Website infringes your copyright, you should consider first contacting an attorney. The Company has a policy of terminating repeat infringers in appropriate circumstances.
All Notifications should include the following:
A) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
B) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.
C) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material.
D) Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be.
E) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
F) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We also will advise the alleged infringer of the DMCA statutory Counter Notification procedure described below by which the alleged infringer may respond to your claim and request that we restore this material.
If you believe your own copyrighted material has been removed from the Website and/or Company Service as a result of mistake or misidentification, you may submit a written counter notification ("Counter Notification") to our Designated Copyright Agent pursuant to DMCA 17 U.S.C. § 512(g)(2) and (3). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:
A) Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
B) A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which the Company is located.
C) A statement that you will accept service of process from the party that filed the Notification or the party's agent.
D) Your name, address and telephone number.
E) A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
F) Your physical or electronic signature.
You may submit your Counter Notification to our Copyright Agent by fax, mail as set forth above.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material after 10 business days but no later than 14 business days from the date we receive your Counter Notification, unless our Copyright Agent first receives notice from the party filing the original Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.