The following are the terms and conditions of a legal agreement between you and
PRG Parking Management, L.L.C., a Delaware limited liability company d/b/a The Parking
Spot.By clicking the checkbox next to the words “I accept this agreement”, you acknowledge
that you have read, understood and agree to be bound by these Terms and Conditions
of Use and you agree to comply with all applicable laws and regulations.IF YOU DO
NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, DO NOT CLICK THE CHECKBOX NEXT TO
THE WORDS “I ACCEPT THIS AGREEMENT”.The material provided on this website (the “Website”)
is protected by law, including but not limited to the United States copyright law
and international treaties.The Website is controlled and operated by The Parking
Spot from its offices within the United States.The Parking Spot makes no representation
that materials in the Website are appropriate or available for use in other locations,
and access to them from territories where their contents are illegal or otherwise
regulated is prohibited.Those who choose to access the Website from other locations
do so on their own initiative and are responsible for compliance with applicable
local laws.
- Parking Reservations. In consideration of your payment
to The Parking Spot of a reservation fee (the “Reservation Fee”) in the amount indicated
on the Website, The Parking Spot agrees to make available to you one (1) vehicle
parking space at The Parking Spot’s parking facility which you designated on the
Website when making such reservation (the “Facility”) commencing at the Check-In
Date/Time which you designated on the Website when making such reservation (the
“Designated Check-In Time”) on the terms and conditions provided herein, but only
if you arrive at the Facility to commence the use of such parking space during the
two (2) hour period commencing at the Designated Check-In Time.You acknowledge that
the Reservation Fee constitutes consideration for the right to make such reservation
only, and shall not be credited toward the fee which is payable for the use of such
parking space, or any other applicable fees or charges associated with the parking
of a vehicle at the Facility.
- Payment of Reservation Fee. As full and complete payment of the Reservation
Fee, you hereby authorize and direct The Parking Spot to process a charge in the
amount of the Reservation Fee to the credit card in your name which you designated
on the Website when making the associated reservation, and you hereby represent
to The Parking Spot that you are authorized to use such credit card for such purpose.The
Reservation Fee is non-refundable except in accordance with the cancellation policy
set forth in Paragraph 3 below or the guarantee policy set forth in Paragraph 6
below.
- Cancellation Policy. You may cancel your parking reservation by following
the procedures described on the Website for the cancellation of a reservation, provided
that such cancellation is received by The Parking Spot by means of the Website prior
to the Designated Check-In Time.In the event of any such timely cancellation of
a reservation, the Reservation Fee will be refunded to you in the form of a credit
issued to the credit card that you used to make the reservation.
- Grant of License. Upon your arrival and check-in at the Facility at any time
within the two (2) hour period commencing at the Designated Check-In Time, you shall
be deemed to have been granted a license to park and lock one (1) vehicle in the
applicable designated area of the Facility for a period, not to exceed thirty (30)
days, commencing upon such arrival at the Facility (the “Actual Check-In Time”).Only
a license is granted hereby, and no lease, bailment or bailee custody is intended
or shall be created.You acknowledge that The Parking Spot does not guard or assume
the care, custody or control of your vehicle or of its contents.You further acknowledge
and agree that if your vehicle is left at the Facility for more than thirty (30)
days after the Actual Check-In Time, then such vehicle and its contents may be impounded
at your expense and sold for expenses and storage fees.No employee or other representative
of The Parking Spot may modify or waive any of the terms of these Terms and Conditions
of Use.
- Payment of Parking Fees. You agree that, in consideration of the license
granted in Paragraph 4 above, you shall pay The Parking Spot a parking fee calculated
by reference to the parking rates posted at the Facility at the Actual Check-In
Time.
- Guarantee Policy. In the unlikely event that you arrive at the Facility within
the two (2) hour period commencing at the Designated Check-In Time and no parking
space is then available for your use, the Reservation Fee will be returned to you,
together with an additional Twenty Dollars ($20.00) as liquidated damages, by the
issuance of a credit to the credit card which you used to make the associated reservation,
subject only to the condition that you shall have delivered to The Parking Spot,
within one hundred eighty (180) days following the Designated Check-In Time, a written
request therefor together with reasonable evidence of such reservation and such
unavailability.
- Linking a The Spot Club™ Card to a Credit Card. If you have completed the
process described on the Website to link your The Spot Club™ membership card to
the particular credit card in your name which you designated when performing such
linking process (the “Designated Credit Card”), then you shall be deemed to have
authorized The Parking Spot to create a The Spot Club™ membership card in your name
that will be associated with your unique The Spot Club™ membership number and with
the Designated Credit Card.You further authorize and direct The Parking Spot to
process a charge to the Designated Credit Card upon your presentation of such The
Spot Club™ membership card, in an amount then due to The Parking Spot as fees, taxes
or miscellaneous charges.You represent to The Parking Spot that you are the holder
of the Designated Credit Card and that you are authorized to use the Designated
Credit Card. All charges to your Designated Credit Card arising from the presentation
of The Spot Club™ membership card with which it is associated will appear on your
regular bill from the issuer of the Designated Credit Card.You acknowledge you are
responsible for all charges incurred on the Designated Credit Card at The Parking
Spot facilities, whether by presentation of the Designated Credit Card or The Spot
Club™ membership card with which it is associated.
- Restrictions on Use of the Website. The copyright in all material provided
on this Website is held by The Parking Spot or by the original creator of such material.Except
as otherwise expressly stated herein, none of the material provided on this Website
may be copied, reproduced, distributed, republished, downloaded, displayed, posted
or transmitted in any form or by any means, including without limitation electronic,
mechanical, photocopying, recording or otherwise, without the prior written permission
of The Parking Spot or the copyright owner.Permission is granted to you to display,
copy, distribute and download the materials on this Website for personal, non-commercial
use only, provided that you do not modify the materials and that you retain all
copyright and other proprietary notices contained in the materials.This permission
terminates automatically if you breach any of these terms or conditions.Upon termination
of this permission, you must immediately destroy any downloaded and printed materials
from this Website.You also may not, without The Parking Spot’s permission, “mirror”
any material contained on this Website or any other server accessed through this
Website.Any unauthorized use of any material contained on this Website may violate
copyright laws, trademark laws, the laws of privacy and publicity, and communications
regulations and statutes.
- Trademarks. All trademarks, service marks and trade names used on this Website
are proprietary to The Parking Spot or other respective owners that have granted
The Parking Spot the right and license to use such trademarks, service marks and
trade names, and are protected by U.S. and international trademark laws.These registered
or unregistered trademarks, service marks and trade names include, without limitation,
the following:The Parking Spot™, Making Air Travel a Little Easier!™, Specialists
in Airport Parking™, The Spot Club™, the spotted design on The Parking Spot’s shuttle
buses, and the other logos of The Parking Spot. No user of this Website is granted
any rights to such trademarks, service marks or trade names.
- Disclaimer of Warranties. You expressly agree that your use of this Website
is at your sole risk. This Website may include links and pointers to Internet websites
maintained by third parties, and neither The Parking Spot nor any of its affiliates
operates or controls any information, products or services available on these third
party websites.Accordingly, the materials on this Website and on such third party
websites are provided on an “as is” basis without warranties of any kind, whether
express or implied, including without limitation warranties of merchantability or
fitness for a particular purpose, other than those warranties which are implied
by and incapable of exclusion, restriction or modification under the laws applicable
to this Agreement.Specifically, neither The Parking Spot, its affiliates, nor any
of their respective employees, agents, third party content providers or licensors
warrant that this Website or any such third party website will be uninterrupted
or error-free, that the use of this Website or any such third party website will
allow you to obtain any particular results whatsoever, or that any information,
service or merchandise provided through this Website or any such third party website
is accurate, reliable or of any particular value or quality.
- Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION
THE NEGLIGENCE OF ANY PARTY, SHALL THE PARKING SPOT OR ANY OF ITS AFFILIATES BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES
AS A RESULT OF THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR ANY MATERIALS
ACCESSIBLE ON OR THROUGH THIS WEBSITE, EVEN IF THE PARKING SPOT OR AN AUTHORIZED
REPRESENTATIVE OF THE PARKING SPOT SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, EXCEPT AS OTHERWISE EXPRESSLY
PROVIDED UNDER THE GUARANTEE POLICY SET FORTH IN PARAGRAPH 6 ABOVE, THE PARKING
SPOT AND ITS AFFILIATES ARE NOT LIABLE FOR ANY LOSS OR DAMAGE WHATSOEVER ARISING
FROM ANY INABILITY OR FAILURE TO HONOR ANY PARKING RESERVATION, OR FROM ANY DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS WEBSITE.IF YOU ARE DISSATISFIED
WITH ANY OF THE PARKING SPOT’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE USING THIS WEBSITE.SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU.
- U.S. Government Restricted Rights.The materials available on or through this
Website are provided with “RESTRICTED RIGHTS”.The use, duplication or disclosure
of such materials by the U.S. Government is subject to restrictions as set forth
in applicable laws and regulations. Use of such materials by the U.S. Government
constitutes acknowledgment of The Parking Spot’s proprietary rights in them.
- Procedure for Making Claims of Copyright Infringement. If you believe that
you have a claim of copyright infringement based upon any material accessible on
or through this Website, notice of such claim should be submitted to The Parking
Spot’s designated copyright agent as follows:
Bruce A. Fox, Copyright Agent
Neal, Gerber & Eisenberg
Two North LaSalle Street
Chicago, Illinois 60602
Telephone:
(312) 269-8078
Facsimile:
(312) 269-1747
Email: bfox@ngelaw.com
- Miscellaneous Provisions.The Parking Spot reserves the right to change these
Terms and Conditions of Use at any time without notice.These Terms and Conditions
of Use shall be governed by and construed in accordance with the laws of the State
of Illinois, without giving effect to any principles of conflicts of law.If any
provision hereof shall be unlawful, void or for any reason unenforceable, then that
provision shall be deemed severable from these Terms and Conditions of Use, and
shall not affect the validity and enforceability of any remaining provisions hereof.The
rights to use this Website granted to you hereunder are personal to you and are
not subject to transfer or assignment.Any claim relating to this Website or its
use shall be subject to the exclusive jurisdiction of the federal and state courts
located in Illinois, and by your use of this Website you submit yourself to the
personal jurisdiction of such courts.