Parking Rental Agreement
By using the AM Parking, LLC. website located at www.amparking.com (the "Website") or otherwise utilizing the services, products, and information offered by AM Parking. ("SPFLLC", "we" or "our") through the Website, including joining the AM Parking. Frequent User/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, at our 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 Website. If you do not agree to these Terms and Conditions, please do not use the Website.
AM Parking. provides visitors to our Website with online access to information regarding our products and services, including and without limitation, to the Frequent User/Parker Program, the booking of advance reservations for parking spaces and the ability to pay for airport parking (the "Services").
License and Access to the Website
AM PARKING. grants you a limited, non-transferable license to access and use for non- commercial purposes the Website. You may only use the Website to make legitimate reservations, join the Frequent User/Parker Program and/or to learn about our products and services. You shall not use the Website 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 Website or its contents; any derivative use of the Website 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 AM PARKING and our affiliates without our prior express written consent.
We make no guarantees regarding the availability of the Website or the Services, referenced in the Website. Furthermore, we reserve the right, within our sole discretion, to discontinue the Website or Services and/or to modify the contents of the Website or the terms of the Services as we deem appropriate, 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 Website or the Services. Any rights not expressly granted by these Terms and Conditions are reserved by AM PARKING, LLC.
DISCLAIMER OF LIABILITY. AM PARKING specifically disclaims any responsibility for injury, loss or damage to Customer or Customer’s vehicle or its contents while Customer’s vehicle is utilizing the Parking. Customer agrees to utilize Parking “as is” and “where is” at Customer’s sole risk of loss. By accepting this Agreement, Customer agrees that any liability on the part of AM PARKING shall be limited exclusively to a monetary refund of the purchase price of the Parking. AM PARKING SHALL NOT BE LIABLE FOR ANY (A) SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, ARISING FROM OR RELATED TO A BREACH OF THIS AGREEMENT, EVEN IF AM PARKING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSS, OR CLAIM; (B) DAMAGES (REGARDLESS OF THEIR NATURE) FOR ANY DELAY OR FAILURE BY AM PARKING TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT DUE TO ANY CAUSE BEYOND AM PARKING’s REASONABLE CONTROL; OR (C) CLAIMS MADE A SUBJECT OF A LEGAL PROCEEDING AGAINST AM PARKING MORE THAN ONE YEAR AFTER ANY SUCH CAUSE OF ACTION FIRST AROSE. Except for its intentional acts or gross negligence, AM PARKING shall have no liability whatsoever for (a) any damage to property or any other items located in Parking, (b) theft or vandalism to any vehicle or property or other items located in Parking, or (c) any personal injuries or death arising out of any matter relating to Parking, and in all events, Customer agrees to look first to its insurance carrier for payment of any losses sustained in connection with any use of the Parking. Customer hereby waives on behalf of its insurance carriers all rights of subrogation against AM PARKING or AM PARKING’s agents and/or affiliates. AM PARKING and its affiliates reserve the right to assign specific spaces, and to reserve space for visitors, small cars, handicapped persons, large vehicles, and Customer and persons designated by Customer hereunder shall not park in any such assigned or reserved spaces unless authorized by AM PARKING or its affiliate(s) to do so. AM PARKING and its affiliates reserve the right to close all or any portion of the Parking area in order to make repairs or perform maintenance services, and to alter, modify, re-stripe or renovate the Parking area, or as may be required by casualty, strike, condemnation, act of God, governmental law or requirement or other reason beyond AM PARKING’s or its affiliate’s reasonable control.
Restrictions on Your Use
All content within the Website and any materials made available on these pages for downloading are the property of AM PARKING. and/or its affiliates or other third parties. The Website and portions of the Website are protected by copyright and trademark laws. This Agreement does not grant any license to modify or alter the materials on the Website 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 Website 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 Website or their contents or that infringes the intellectual property rights of any other party. You may not use any device, software or other application or behavior to interfere or attempt to interfere with the proper working of the Website. You may not take any action, which imposes an unreasonable or disproportionately large load on the system providing the Website. 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 Website.
Age and Account Responsibility
If you use the Website, 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 Website and to create binding legal obligations for any liability you may incur as a result of the use of the Website. You understand that you are financially responsible for all uses of the Website by you and those using your login information.
Disclosure of Content Monitoring
Although we have no obligation to monitor any information provided to the Website 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 AM PARKING, its users or the public.
Intellectual Property Ownership
Any and all intellectual property rights associated with the Website, including, without limitation to, any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents ("Intellectual Property") are the sole property of AM PARKING, 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 Website in any way without AM PARKING. or the appropriate third party's prior written permission. Except as provided herein, AM PARKING. does not grant to you any express or implied rights to AM PARKING's or any third party's Intellectual Property. Any rights associated with the content of the Website, which is transmitted, downloaded, or otherwise processed by AM PARKING, 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 AM PARKING. Privacy Statement can be viewed by clicking on and/or can be accessed from the Website.
You agree that AM PARKING, in its sole discretion, may terminate your use of the Website, and remove and discard any content within the Website, for any reason. You agree that any termination of your access to the Website under any provision of this Agreement may be effected without prior notice. Further, you agree that AM PARKING. shall not be liable to you or any third party for any termination of your access to the Website.
The Website may provide or include links to other World Wide Website or resources. Because AM PARKING has no control over such sites and resources, you acknowledge and agree that AM PARKING 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 AM PARKING 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.
AM PARKING prohibits caching of any portion of the Website and any unauthorized hypertext links to the Website. AM PARKING reserves the right to disable any unauthorized links or frames. If you desire to provide a hyperlink from your website to the Website, you must contact AM PARKING to discuss mutually agreeable terms for such hyperlink.
Exclusion of Warranty
AM PARKING, OWNERS OF PARTICIPATING PARKING FACILITIES AND ANY THIRD PARTY PROVIDERS MAKE NO WARRANTY OF ANY KIND REGARDING THE WEBSITE AND/OR ANY MATERIALS PROVIDED ON THE WEBSITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” "AS AVAILABLE" BASIS. AM PARKING, 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 WEBSITE 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 AM PARKING NOR ANY THIRD PARTY PROVIDERS WARRANT THAT THE WEBSITE, THEIR SERVERS OR ANY E-MAIL SENT FROM AM PARKING 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
AM PARKING 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 WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEBSITE. IN NO EVENT SHALL AM PARKING, 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 WEBSITE 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 WEBSITE FOR RESERVATIONS), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY AM PARKING, 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. AM PARKING ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO VEHICLES PARKED AT PARTICIPATING PARKING FACILITIES. CUSTOMERS OF AM PARKING WHOSE VEHICLES ARE DAMAGED BY PARTICIPATING PARKING FACILITIES MUST SEEK REMUNERATION FROM THE PARTICIPATING PARKING FACILITY.
If, notwithstanding the foregoing, AM PARKING, 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 Website or their content, the liability of such parties 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 Website. Some states do not allow limitation of liability, so the foregoing limitation may not apply to you.
You shall defend and indemnify AM PARKING, 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 Website.
This Agreement and its performance shall be governed by the laws of the state of Florida, 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 Lee County, Florida, United States of America, in all questions and controversies arising out of your use of the Website 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 Website must be brought within two (2) years from the date on which such claim or action arose or accrued.
If AM PARKING 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.
Force Majeure. Neither party shall be liable in the case of force majeure including, without limitation, civil war, insurrections, riots, fires, floods, explosions, earthquakes, acts of God, acts of the public enemy, or any statute, order, regulation, proclamation, ordinance, demand or requirement of any governmental agency imposed after the effective date of this Agreement.
Compliance with Laws. Customer shall at all times comply with all applicable ordinances, rules, regulations, codes, laws, statutes and requirements of all federal, state, county and municipal governmental bodies or their subdivisions in regard to Parking. AM PARKING reserves the right to adopt, modify and enforce reasonable rules pertaining to Parking rights granted hereunder from time to time, including any parking sticker or other identification or entrance system, and hours of operation.
Arbitration. Any controversy or claim arising out of or related to this Agreement, or the breach of this Agreement, shall be settled by arbitration before a single arbitrator to be held in the county in which our principal place of business is located, in accordance with the rules of the American Arbitration
Association. The award of the arbitrator shall be final and judgment upon the award rendered may be entered in any court having jurisdiction. Notwithstanding the above, either of us may seek injunctive relief against the other party in any court of proper jurisdiction with respect to any and all preliminary injunction or restraining procedures pertaining to this Agreement or the breach of this Agreement.
Additional terms and conditions may apply to reservations, membership benefits in the SAM PARKING Frequent User/Parker Program and other uses of portions of the Website, and you agree to abide by such other terms and conditions.
This Agreement constitutes the entire agreement between you and AM PARKING 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.
Notices. All notices required or permitted hereunder shall be communicated via electronic mail (“email”). Notices sent to Customer shall be to the email address contained within the reservation made online on www.amparking.com AM PArking. Notices to AM Parking shall be sent to email@example.com.
Severability. If any provision of this Agreement is held illegal, invalid or unenforceable, in whole or in part, by any court or other authority of competent jurisdiction, the Parties acknowledge and agree that each and every other provision of this Agreement shall remain valid and enforceable and that such illegal, invalid or unenforceable provision or portion thereof shall be limited so as to effect the intent of the Parties to the fullest extent permitted by applicable law.
Successors and Assigns; Assignment. This Agreement and the provisions herein shall inure to the benefit of, and be binding upon, each of the parties hereto and their respective successors, assigns, heirs, executors and administrators. No party hereto shall have any right to assign any of its rights or obligations hereunder except with the prior written consent of each of the other parties hereto.
Acknowledgment. The parties agree that in entering into the transaction described in this Agreement, they are relying upon their own judgment, belief and knowledge as to this Agreement and further acknowledge that no promise, inducement or agreement, or any representations and warranties not expressed herein, have been made to procure their agreement hereto. The parties further acknowledge and agree that they have obtained independent legal advice to the extent each has deemed necessary and are entering into this Agreement and the transactions contemplated hereby knowingly and voluntarily.
Contract Construction. The rule of construction which provides that ambiguities in a contract shall be construed against the drafter shall not apply to this Agreement and the parties waive any such defense
to the terms of this Agreement. The headings herein are inserted only as a matter of convenience and reference, and in no way define or describe the scope of this Agreement or the intent of any provisions hereof. Where the context of this Agreement requires such an interpretation, this Agreement shall survive termination.
This Agreement was last modified and is effective as of February 28, 2017. Additional Terms and Conditions for Reservations
In addition to the Terms and Conditions, the following Additional Terms and Conditions apply when making offsite airport parking reservations through AM PARKING, LLC:
1. YOUR RATE IS BASED ON THE INFORMATION THAT YOU HAVE ENTERED INTO YOUR RESERVATION FORM. YOUR FINAL PRICE COULD BE HIGHER OR LOWER DEPENDING ON YOUR ACTUAL LENGTH OF STAY. YOU WILL BE CHARGED AN EXTRA FULL DAY’S RATE FOR ANYTHING OVER YOUR RESERVATION DATES. A RAIN CHECK WILL BE ISSUED FOR ANY UNUSED PARKING DAYS. NO CASH REFUNDS WILL BE GIVEN.
2. Confirmation and Reservation – 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 email 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 you a parking space. Then, when you exit the facility. Your confirmation number is not proof of purchase.Facility staff cannot access your online 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, please call our Reservation Center at 877-521-5541 and one of our reservation agents will assist you.
3. 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.
4. Canceling your reservation – You can cancel your reservation online or by calling the Reservation Center at 877-521-5541.
5. Extended and Unused Stays – No refund will be issued for unused days.
6. Credit Card Billing – Your credit card is charged in full at the time that you make your purchase from AM PARKING, LLC.
7. Refunds – Contact the Reservation Center at 877-521-5541 to request a refund for qualifying reservations.
8. Booking Variances – Due to geographic differences, advance booking requirements may vary by location.
9. For any reservation cancellation less than $20, AM PARKING will be happy to issue a “Rain Check”. This means that customers will be given a credit in the form of a coupon code. The next time the customer makes a reservation, they enter the code and the website will subtract the credit from the customer’s total. Rain Checks can be used at any AM PARKING location. Any reservation cancellation exceeding $20 will be partially refunded, as long as 24 hours notice is provided. All cancellations without a 24-hour notice will be charged the equivalent to one day of parking fees. No refunds will be given for no shows.
10. “REFER US TO A FRIEND” COUPON: Fill out our survey when you return from your stay and refer us to a friend. You and your friend will receive a coupon to save one day off of your next airport parking reservation. Minimum 2-day stay required to use the coupon. Coupon is valid for one year from the date issued. Rate and space are guaranteed once the reservation has been confirmed. Coupon code must be used during the online reservation process. This offer is not valid in combination with any other offer.
Additional Terms and Conditions
In addition to the Terms and Conditions, the following Additional Terms and Conditions apply when joining the Frequent User/Parker Program:
1. Membership Sign-Up – To apply for membership, complete the online application. The email address you enter on the application will serve as your Username and your password will be the password you enter.
2. Earning Frequent Parker Points – As a member of our Frequent User/Parker Program, you will one point for every completed reservation made on the Website or by calling our toll-free reservation line.
3. Redeeming Frequent User/Parker Points – You will earn one point per completed reservation that you make through the Website. All reservations must be prepaid in advance to be eligible for points as part of the Frequent User/Parker Program. You can view your total accumulated points by simply logging into your account. When you have earned ten points, you will be entitled to receive a free day of parking. You will be automatically prompted to apply the free day when booking your next parking reservation.