By accessing and using the Park Holding Consumer Application or the Park Holding 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 Holding, Inc. ("Park Holding", "we" or "our") through the Web Sites, including joining the Park Holding Frequent Parker 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
Park Holding provides visitors to our Web Sites with on-line access to information regarding our products and services, including, without limitation, the Frequent Parker 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 Holding 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 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 Holding 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 Holding.
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 Holding 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 Holding, 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 Holding, 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 Holding or the appropriate third party's prior written permission. Except as provided herein, Park Holding does not grant to you any express or implied rights to Park Holding'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 Holding, shall be retained by the owner of the content, if any, and may be protected by applicable copyright, trademark, or other laws.
Your personal information and certain other information about you are subject to our Privacy Statement. The Park Holding Privacy Statement is incorporated into the terms of this Agreement.
You agree that Park Holding, 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 Holding shall not be liable to you or any third party for any termination of your access to the Web Sites.
The Web Sites may provide or include links to other World Wide Web sites or resources. Because Park Holding has no control over such sites and resources, you acknowledge and agree that Park Holding 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 Holding 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 Holding prohibits caching of any portion of the Web Sites and any unauthorized hypertext links to the Web Sites. Park Holding 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 Holding to discuss mutually agreeable terms for such hyperlink.
Exclusion of Warranty
Park Holding, Park Holding 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 Holding, Park Holding 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 Holding, Park Holding Network, Inc., and any third party providers warrant that the web sites, their servers or any e-mail sent from Park Holding 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 Holding 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 Holding, Park Holding 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 Holding, Park Holding 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 Holding, Park Holding 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.
You shall defend and indemnify Park Holding, Inc, Park Holding 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.
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.
If Park Holding 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 and conditions may apply to reservations, membership benefits in the Park Holding Frequent Parker Bonus Program and other uses of portions of the Web Sites, and you agree to abide by such other terms and conditions.
This Agreement constitutes the entire agreement between you and Park Holding 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 October 24, 2011.