Effective November 17, 2006
PCAA, LLC Terms and Conditions
Please read these Terms and Conditions of use carefully before
using or obtaining any content, products, or services through our web
sites.
Access to and use of these websites is subject to acceptance of the
terms and conditions below, which include our Privacy Policy. By accessing,
using or obtaining any content, products, or services through PCAA,
LLC. web sites, you agree to be bound by these terms. If you do not accept
all of these terms, then please do not use our web sites.
Contact Information
If you have any questions or concerns about these Terms or if you need
further assistance regarding access to or use of the Site or the services
offered by PCAA, LLC, you may contact our Customer Service department as
indicated below. We will respond promptly to your questions or concerns.
E-mail: info@parkingcompany.com
Mailing address:
PCAA, LLC
Customer Service:
8255 Firestone Blvd.,
Suite 502
Downey, CA 90241
Telephone: 866-727-5728
1. Detailed Terms and Conditions
"Content" means the text, documents, information, data, articles, images,
photographs, graphics, software, applications, video recordings, audio
recordings, sounds, designs, features, and other materials that are
available on the Site. "Content" also includes Marks,
Products and Services.
"Mark" means trademark, trade name, service mark, trade dress, logo,
custom graphics, or icon.
"Member" means any individual or corporation that has signed up to use
password-protected areas of our site.
"Member ID" means the e-mail address you use (with your password)
to log in to the password protected areas of our Site.
"Products or Services" means the parking (self or valet),
transportation and car care services provided by PCAA, LLC companies.
"Purchase" means to book, reserve or purchase parking,
transportation or car care services.
"Site" means the www.pcaapark.com web site and/or the www.parkingcompany.com,
www.avistarparking.com, www.sunpark.com, www.airportcorporateparking.com
and www.airportdiscountparking.com web sites,
and their respective sub-sites, together with the respective Content,
Marks, Products and Services available from these sites and sub-sites.
"Exclusive" offers are exclusive to PCAA, LLC and its affiliated
companies.
The terms "Site", "Marks", "Content" and "Products and Services" do not
include the sites, marks, content, products or services that are provided
by third parties, and that are available through a link from the Site.
Their use is subject to the terms set forth by their respective owners
or operations, on the third party's website.
2. Scope and Terms
Site
These Terms govern your use of all Content, Products or Services available
through the Site. You agree to be bound by these Terms, and to use the Site
in strict compliance with all applicable laws, rulings and regulations, and
in a manner that does not negatively reflect on the goodwill or reputation
of PCAA, LLC or its affiliates.
Additional Terms
Additional terms may apply when you participate in sweepstakes, raffles, or
other promotions. For example, sweepstakes are subject to rules by state.
These additional terms are found in the area of the Site where you register
for a sweepstakes or promotion. You are responsible for reviewing the forms
that you fill out when you participate in sweepstakes, raffles or other
promotions.
Age Restriction
Minors (as defined under the laws of their jurisdiction or residence) are
not eligible to register for, use or Purchase the Products or Services
available on the Site.
Responsible Party
You are responsible for maintaining the secrecy of your Member ID and
password. This is essential to protect the confidentiality of any
information that may be stored in your "My Account." In addition, you will
be financially accountable for all use of our Site by you and anyone using
your password and log in information.
3. Use of the Site
License
PCAA, LLC. grants you a limited, personal, nontransferable,
non-sublicensable, revocable license to access and use the Site only as
expressly permitted in these Terms. Except for this limited license, we do
not grant you any other rights or license with respect to this Site; and
rights or license not expressly granted herein are reserved.
Unless we have granted you permission in advance, such as in the
Corporate and Travel Agent sections of the Site, you may use the Site
only for your personal, non-commercial use, and not to provide services to
a third party.
No Copy, Distribution, or Sale
You may download, display, or print one (1) copy of any portion of the
Content. If you do so, you may not modify the Content in any way. Except as
provided above, you may not Copy, reproduce, upload, post, display,
republish, distribute, transmit, any part of the Content in any form
whatsoever;
Use a frame or border environment around the Site, or other
framing technique to enclose any portion or aspect of the Site, or mirror or
replicate any portion of the Site;
Modify, translate into any language or computer language, or create
derivative works from, any Content or any part of this Site;
Reverse engineer any part of this Site; or Sell, offer for sale,
transfer, or license any portion of the Site in any form to any third
parties.
Other Limitations
Unless otherwise provided within these Terms, or unless specific applicable
law requires PCAA, LLC. to allow you to do so, you may not do any of the
following without the prior written consent of PCAA, LLC:
Use any robot, spider, other automatic device, or manual process
to monitor Content;
Use the Site other than to make legitimate reservations or
purchases;
Use the Site to make any false, fraudulent or speculative
reservation, or any reservation in anticipation of demand;
Imply in any fashion that PCAA, LLC is endorsing your products or
services;
Place false or misleading information on the Site,
Post or transmit any unlawful, threatening, libelous, defamatory,
obscene, indecent, inflammatory, pornographic or profane material or
any material that could constitute or encourage conduct that would be
considered a criminal offense, give rise to civil liability, or
otherwise violate any law; or for any other purpose that is unlawful
or prohibited by these Terms.
Use or access the Site in any way that, in our reasonable judgment,
adversely affects the performance or function of the Site, or any other
computer systems or networks used by PCAA, LLC., other Site users or
members;
Upload or transmit to the Site or use any device, software or routine
that contains viruses, Trojan horses, worms, time bombs, or other
computer programming routines that may damage, interfere or attempt to
interfere with, intercept, the normal operation of our Site, or
appropriate the Site or any system, or take any action that imposes an
unreasonable load on our computer equipment, or that infringes upon the
rights of a third party;
Use any device, software, or routine that interferes, or attempts to
interfere, with the normal operation of our site, or take any action
that impose an unreasonable load on our equipment; or
Disguise the origin of the information transmitted through the Site.
Member ID and Password
Access to certain password-protected areas of the Site is only available
to registered members. To become a registered Member, you are required to
answer a limited number of mandatory questions. Answers to additional
questions are optional. You represent and warrant that all information
you supply to us, about yourself, and others, is true and
accurate.
Termination
PCAA, LLC., in its sole discretion, may, at any time and without advance
notice or liability, terminate or restrict your access to all or any
component of our Site, even if access continues to be allowed to others.
Upon such termination or suspension, you must immediately discontinue use
of the Site, and destroy any copy you have made of any portion of the Site.
Accessing the Site after such termination, suspension, or discontinuation
shall constitute an act of trespass. PCAA, LLC. shall not be responsible to
you to such suspension or termination.
Changes
Any aspect of the Site may be changed, supplemented, deleted, updated,
discontinued, suspended, or modified at any time, and without prior notice
to you. However, we make no commitment to update the information contained
on this Site. You agree that PCAA, LLC. shall not be liable to you for any
delay or other damages that might result from such modification,
suspension, or discontinuance.
We may also, at any time, change or impose fees for certain services, or
establish or change general practices and limits concerning certain
services.
We may also modify these Terms.
4. Privacy and Security
Your use of the Site is subject to our Privacy Policy. You agree that you
have read our Privacy Policy, and it is reasonable and acceptable to you.
Your acceptance of these Terms is also your consent to the information
practices in our Privacy Policy.
5. Services and Content
Availability
We will use our reasonable commercial efforts to keep our Site available
on a 24-hour/7-day-a- week basis, subject to necessary scheduled downtime
for maintenance, unscheduled maintenance, and system outages. We cannot
promise that access to the Site will be uninterrupted or available at all
times. We assume no liability or responsibility for any delay,
interruption, or downtime.
Content
The Content is intended for information purposes only. Although we
exercise reasonable efforts to ensure its quality and accuracy, there
might be errors, or the information provided may not be complete, current,
or applicable to your particular situation. Further, some information for
affiliate services may be provided to us by vendors. We assume no
liability or responsibility for any errors or omissions. You are
responsible for evaluating the accuracy, completeness, and usefulness of
any opinion, advice, or other content available through the Site or
obtained from a linked site.
You should not take any action based on information on this Site until
you have received a confirmation of your transaction. We send
confirmations within 24 hours of your Purchase. If you have not received
a confirmation of your purchase or reservation via e-mail, first look
into your "spam" or "junk" folder to verify that it has not been
misdirected, and if still not found, please contact our customer service
department. The Contact Information is provided above.
Viruses
We make reasonable attempts to exclude viruses from the Site, but cannot
ensure that the Site will be at all times free from viruses or other
destructive software. You are urged to take appropriate safeguards before
downloading information from the Site. We assume no responsibility for
any damages to computer equipment or other property that may result from
use of the Site or downloading anything from the Site.
6. Links to third party sites
Outbound Links
For your convenience, our Site provides links to other sites. When you
click on one of these links, you are leaving our site and entering another
site. We are not responsible for such third party web sites.
You should carefully review the terms and conditions of use of these sites,
because these terms will apply to your visit to these other sites.
Inbound Links
We welcome links from a third party site to the home page of our Site,
through a plain text link, provided that (a) you give PCAA, LLC. prior
written notice of such link by contacting PCAA, LLC. Customer Service, to
request PCAA, LLC's permission to establish the link; (b) you discontinue
providing a link to our Site if so requested by PCAA, LLC; (c) you do not
imply in any fashion that PCAA, LLC is endorsing any of your products or
service or is affiliated with you, (d) you do not present PCAA, LLC in a
false light, or provide misleading or false information about PCAA, LLC, or
its Site or Services, (e) you do not remove or obscure the copyright
notices, or other notices on this Site; (f) you do not use any Mark of PCAA,
LLC.; and (g) you do not replicate, frame or mirror the content of the Site.
We reserve the right to require you to remove links to the Site, in our sole
discretion.
Linking to any page of the Site other than to the homepage is strictly
prohibited in the absence of a separate linking agreement with PCAA, LLC.
7. Intellectual Property
Ownership Rights
This Site is the sole and exclusive property of PCAA, LLC or its licensors.
PCAA, LLC and its licensors retain all right, title and interest (including
all copyright, trademark, patent, trade secrets, and all other intellectual
property rights) in the Site. The Site is protected by copyright, trademark,
patent, trade secrets, unfair competition, and other laws of worldwide,
through the application of local laws or international treaties. Any
unauthorized use, reproduction or modification of this Site may violate
such laws.
Trademarks
PCAA, LLC, Parking Company of America Airport parking, AviStar Airport
parking, SunPark Airport parking and all other Marks that appear, are
displayed, or used on the Site are registered or common law trademarks or
service marks of PCAA, LLC and its Affiliates. These Marks may not be
copied, downloaded, reproduced, used, modified, or distributed in any way
without prior written permission from PCAA, LLC or the relevant Affiliate,
except as an integral party of any authorized copy of the Content.
Your Comments and Submissions
Any communications or materials you transmit to PCAA, LLC, through the
Site, by electronic mail or otherwise, including any data, question,
comments, rating of a facility or service, suggestion, idea, or the like
("Communications or Materials") will be treated as non-confidential and
non-proprietary. By voluntarily submitting to us, or by posting on the Site
any Communications or Materials, you grant PCAA, LLC, a worldwide,
non-exclusive, royalty free, perpetual, irrevocable, and fully
sub-licensable license to use, reproduce, modify, adapt, publish, translate,
create derivative works from distribute, and display such Communications or
Materials in any form, media or technology. We assume no responsibility for
any Communications or Materials posted or submitted, or for the return or
such Communications or Materials. We want your feedback and appreciate your
ideas and suggestions,but we may be unable to answer every comment
individually.
8. Disclaimer of Warranty
PCAA, LLC and its Affiliates make no warranty of any kind regarding the
Site, Content, Products or Services, all of which are provided on an
"as is" basis. PCAA, LLC and its Affiliates expressly disclaim any
representation or warranty that the Site will be free from errors, viruses
or other harmful components, that communications to or from the Site will
be secure and not intercepted, that the Services and other capabilities
offered from the Site will be uninterrupted, or that its Content will be
accurate, complete or timely.
OTHER THAN THOSE WARRANTIES WHICH, UNDER THE LAWS APPLICABLE TO THESE
TERMS, ARE IMPLIED BY LAWS, AND ARE INCAPABLE OF EXCLUSION, RESTRICTION
OR MODIFICATION, PCAA, LLC AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL
WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT,
AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF
DEALING OR USAGE OF TRADE.
9. Limitation of Liability
Subject to applicable law, use of this Site and its Content is at your
sole risk. Services and Products made available on this Site are subject
to conditions imposed by the parking facilities and service providers.
IN NO EVENT WILL PCAA, LLC OR ITS AFFILIATES OR PROVIDERS BE LIABLE TO
ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL
DAMAGES FOR ANY USE OF THIS SITE, ANY HYPER LINKED WEB SITE, THE ACTS OR
OMISSIONS OF AFFILIATES WHO MAY FURNISH PRODUCTS OR SERVICES THROUGH THIS
SITE, OR THE PRODUCTS OR SERVICES OFFERED BY PROVIDERS THROUGH THIS SITE,
INCLUDING, WITHOUT LIMITATION, WHETHER BASED IN CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN
ANY WAY CONNECTED WITH(I) ANY USE OF, BROWSING OR DOWNLOADING OF ANY PART
OF OUR SITE OR CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING WITHOUT
LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR
RESERVATIONS OR TICKETING), OR (III) THE PERFORMANCE OR NON PERFORMANCE
BY US OR ANY PROVIDER, OR (IV) ANY DAMAGES OR INJURY CAUSED BY ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE
FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF,
OR USE OF RECORD, EVEN IF PCAA, LLC AND THE PROVIDER(S) HAVE BEEN ADVISED
OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
10. Indemnification
You agree to defend and indemnify PCAA, LLC and any Provider, and each of
their respective officers, directors, employees and agents from and
against any claim, cause of action or demand, including without limitation
reasonable legal and accounting fees, in any action filed or commenced by
any third party against PCAA, LLC as a result of (1) your breach of these
Terms or the documents made part of these Terms by reference, (2) your
violation of any law or the rights of a third party or (3) your use of our
Site.
11. Disputes
The laws of the State ofCalifornia, without regard to its conflict of law
rules, will govern these Terms. If you take any legal action relating to
your use of our site or these Terms, you agree to file such action only in
the state and federal courts located in Los Angeles County, California
USA. In any such action or any action we may initiate, the prevailing
party will be entitled to recover all legal expenses incurred in
connection with the action, including but not limited to costs, both
taxable and non-taxable, and reasonable attorneys' fees.
12. General
Your acceptance of these Terms, and your use of the Site do not create a
joint venture, partnership, employment, or agency relationship with us. You
may not assign, delegate, or transfer your rights or obligations under
these Terms. If we fail to act with respect to your breach or anyone else's
breach on any occasion, we are not waiving our right to act with respect to
future or similar breaches. If a court finds any of these Terms to be
unenforceable or invalid, that Term will be enforced to the fullest extent
permitted by applicable law and the other Terms will remain valid and
enforceable. The headings in these Terms are for your convenience and
reference; they do not limit or affect these Terms. These Terms, together
with those items made a part of these terms by reference, make up the
entire agreement between us relating to your use of our site, and replaces
any prior understandings or agreements (whether oral or written) regarding
your use of our site.
13. Provisions of these Terms and Conditions
Prior Terms and Conditions
These Terms supersede any prior PCAA, LLC Terms and Conditions relating
to the use of the Site that were displayed on this Site before the date
stated above.
Modifications
We may modify, revise or update these Terms and/'or the Privacy Policy,
at any time, by updating this posting. You should visit this page from
time to time to review the then-current Terms, because they are binding on
you. Your continued use of our site, following the posting of conspicuous
notice of any modification, will be subject to the Terms in effect at the
time of your use. Certain provisions of these Terms may be superseded by
expressly designated legal notices or terms located on particular pages of
this Site.
Written documents
You may preserve these Terms in written form by printing them for your
records, and you waive any other requirement that these Terms be evidenced
by a written document.
Electronic Notification
To the extent that we may need to contact you, you agree that we may do so
via any electronic means, included but not limited to electronic mail,
telephone or posting on the site.