Part I: General Terms and ConditionsReservation of RightsThe On Air Parking name and logo, and all related product and service names, design marks and slogans are the trademarks or registered trademarks of On Air Parking, Inc. All other product and service marks contained herein are the trademarks of their respective owners. You may not use any On Air Parking or third party trademarks or logos without the prior written consent of On Air Parking or the applicable trademark owner. The service provided by On Air Parking is limited to: (i) informing our customers of the location and apparent availability of parking, and (ii) providing customers the ability to book parking. Despite the convenience of our service, the decision to utilize parking information remains your responsibility and you assume that risk. The allocation of parking spaces within a lot is solely in the control of the lot attendant or uncontrolled if not attended. We therefore cannot be responsible for any consequences arising from the lack of suitable parking. In all cases the parking arrangement will be governed by the agreement with the operator of the parking facility as posted at their location or provided to you by them.
For clarification, On Air Parking does not:
Provide a parking service, operate a parking lot or otherwise accept custody of motor vehicles. That service is provided by others and they are in no way our agents or acting in our behalf;
Accept any responsibility whatsoever regarding the safety of persons or property in the locations On Air Parkinged by our customers;
Warrant that the Internet, our website or any email from us is free of 'viruses' or other potentially harmful effects;
Endorse the use of cell-phones while driving;
Guarantee the availability of a specific parking spot in the location you On Air Parkinged;
Assume any responsibility whatsoever for the consequences of not being able to park or delays associated with parking.
This Site is intended for personal, noncommercial use (except by Sellers and Developers in accordance with the applicable terms and conditions set forth below). You may not use robots or other automated means to access this Site, unless specifically permitted by On Air Parking. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site. You agree to promptly update your membership information (if applicable) in order to keep it current, complete and accurate.
Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.
Permission is granted to electronically copy and print in hard-copy portions of this Site for the sole purpose of using this Site as a shopping resource. Any other use of materials or Content on this Site, including reproduction for a purpose other than that noted above without On Air Parking's prior written consent is prohibited.
On Air Parking, Inc. makes no representation or warranty, and hereby disclaims any and all liability, with regard to the sufficiency of the security measures used for data handling and storage. On Air Parking, Inc. will not be responsible for any actual or consequential damages that result from a security breach or technical malfunction.
User Comments, Feedback and Other SubmissionsAll comments, feedback, suggestions and ideas disclosed, submitted or offered to On Air Parking in connection with your use of this Site (collectively, "Comments"), shall be and remain the exclusive property of On Air Parking, Inc. and may be used by On Air Parking in any medium and for any purpose worldwide without obtaining your specific consent. For example, your Comments could be used on this Site and in radio, television and print advertisements. Your first name, first initial of your last name, and town and state may be used with any Comments you submit. On Air Parking is not under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted, or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.
Links to Other Web Sites and ServicesTo the extent this Site contains links to outside services and resources, any such links are provided for your convenience only. We do not control those outside services or resource providers, and we are not responsible for their contents or practices, including their privacy practices. We do not endorse the operators of those outside services or resource providers, nor do we endorse or make any representations with respect to the contents of their web sites or any products or services offered on those web sites. Any concerns regarding such services or resources should be directed to the particular outside service or resource provider. On Air Parking does not guarantee or warrant the accuracy or completeness of the information or content included on the Web sites of these outside services and resources.
User AccountsIn order to fully participate in all Site activities, you must register for a personal account on the Site (a "User Account") by providing an email address and a password for your User Account. You agree that you will never divulge or share access or access information to your User Account with any third party for any reason. You also agree to that you will create, use, and access only one User Account, and that you will not access the Site using multiple User Accounts.
Ownership; SublicensingThe Site contains various information in the form of data, text, graphics, and other materials from On Air Parking and third parties (the "Site Content"). You acknowledge that this Site and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Site Content is and shall remain the property of On Air Parking or its licensors. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Site Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Site Content, in whole or in part.
As between On Air Parking and you: (i) On Air Parking retains all rights, title and interest in and to all intellectual property rights embodied in or associated with the Site, including, without limitation, the API, Database, On Air Parking Content, trademarks, and any and all On Air Parking services and any content created or derived therefrom (collectively, the "On Air Parking IP"); and (ii) you and, to the extent applicable, your suppliers retain all rights, title and interest in and to all intellectual property rights embodied in or associated with your site and your Application, excluding (i) above and any other intellectual property rights owned by On Air Parking. There are no implied licenses under this Agreement, and any rights not expressly granted to you hereunder are reserved by On Air Parking or its suppliers. You shall not take any action inconsistent with On Air Parking's ownership of On Air Parking IP. Neither party shall exceed the scope of the licenses granted hereunder. All license rights (under any applicable intellectual property right) granted herein are not sublicenseable, transferable or assignable.
UptimeOn Air Parking makes no guarantees with respect to the availability or uptime of the On Air Parking Site, the API, the On Air Parking Content or the Database. On Air Parking may conduct maintenance on any of the foregoing at any time with or without notice to you.
Termination of UsageUser access to all or part of this Site may be terminated or suspended at any time, without notice and for any reason.
Disclaimer and Liability LimitThe Site, the Site Content, the API, the DataBase, and any other materials and products on this Site are provided "as is" and without warranties of any kind, whether express or implied. We assume no responsibility for the accuracy of any information contained on our Site, for any interruptions or errors in accessing our Site, or for any viruses or other harmful components contained on our Site or the server from which our Site is made available. We make no warranties or representations regarding the use of the materials in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL WARRANTIES OF ANY KIND WITH RESPECT TO OUR SITE OR THE PRODUCTS OR SERVICES OFFERED THROUGH OUR SITE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, A COURSE OF DEALING OR TRADE USAGE.
UNDER NO CIRCUMSTANCES WILL WE OR OUR OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS OR SUCCESSORS BE LIABLE TO ANY PERSON FOR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOST DATA OR INFORMATION, LOSS OF USE OF OUR SITE, BUSINESS INTERRUPTION, LOSS OF BUSINESS REPUTATION OR GOODWILL, COSTS OF SUBSTITUTE SERVICES, OR DOWNTIME COSTS) RELATING TO THE SITE OR THE PRODUCTS OR SERVICES OFFERED ON OUR SITE OR RESULTING FROM ACCESS TO OR OTHER USE OF OUR SITE OR RELIANCE ON ANY INFORMATION PRESENTED ON OUR SITE, EVEN IF WE ARE INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
On Air Parking's liability to you or anyone else in any circumstance is limited to the lesser of (a) $100, and (b) the total dollar amount of all parking booked via On Air Parking in the 12 months prior to the action allegedly giving rise to liability. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions or limitations may not apply to you.
Some jurisdictions do not allow exclusion of certain warranties or limitations of liability, so the above limitations or exclusions may not apply to you. Our liability in such case will be limited to the greatest extent permitted by law.
Copyright ComplaintsIf you believe this Site contains any content that infringes your copyright, please contact our Copyright Agent, as detailed below, with the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site;
Your address, telephone number and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner's behalf.
To contact our Copyright Agent, please write, call or email to:
Attn: Patrick Murray
44 Tehama St
San Francisco, CA 94105
Governing LawThis Agreement shall be governed by and interpreted in accordance with the laws of the State of Delaware, U.S.A., without regard to its provisions governing conflicts of law. If we allege that you have infringed or threatened to infringe our intellectual property rights, then, in addition to any other rights and remedies we may have, we may seek any preliminary or permanent injunctive relief from any court of competent jurisdiction. You submit to the exclusive jurisdiction of the state and federal courts located in the State of Delaware and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Part II: Additional Terms and Conditions Specific to BuyersBooked Parking UsageUsers who book parking through the Site ("Buyers") must present the On Air Parking parking pass in accordance with the instructions included with the booking to receive their guaranteed parking space on the day of reservation. If the Buyer does not present the parking pass to the Seller, the driver will not get credit for their online payment and this online payment will not be refunded at a later date.
Buyers are responsible for ensuring they arrive at their booked parking location. On Air Parking is not liable for road closures or changing traffic conditions.
The parking booked is valid only for the times listed on the parking pass.
If a parking facility allows tailgating on its premises, it is the customer's responsibility to comply and check any local city ordinance codes on what is permissible (e.g., no open flames, no cooking, etc.).
Resale of On Air Parking parking passes is not permitted.
Cancellations and RefundsParking booked through onairparking.com is fully refundable up to the start of the reservation unless noted otherwise. Parking customers can cancel their booking for any reason before this time.
Sellers will not be charged any fees for canceled bookings.
After the start of the parking reservation, all bookings are non-refundable, even if the Buyer was unable to use the parking.
Event Cancellations and Contingent EventsUnfortunately, the circumstances surrounding postponed events are unpredictable. Although we will try to help you resolve your parking situation, we are not responsible for postponed events, partial performances, or venue, date, or time changes. No refunds will be issued.
Pricing and Lowest Price GuaranteeAll parking prices on onairparking.com are set directly by the parking owner, not On Air Parking.
Parking advertised on onairparking.com as "Lowest Price Guaranteed" is guaranteed to be the cheapest parking rate available for that specific time and parking location. Parking rates not advertised as "Lowest Price Guaranteed" may differ from the drive-up rates, if available.
Part III: Additional Terms and Conditions Specific to SellersOrder of PrecedenceIn the event that a Seller has entered into a separate written Seller Agreement with On Air Parking and such Seller Agreement includes terms or conditions that conflict with the terms and conditions in this Part III, the terms and conditions of the Seller Agreement shall govern.
FulfillmentBy listing parking for booking on On Air Parking, the Seller agrees to honor any parking sold. All information provided in the On Air Parking listing must be accurate. If the Seller cannot fulfill the parking space or false information about the parking is provided, On Air Parking will hold the Seller liable to reimburse the Buyer for their expense.
Note: It is illegal to sell parking that you do not own, including street parking. Violation will result in immediate termination of your On Air Parking account. On Air Parking maintains the right to request proof of ownership to verify your authority to sell parking at a particular location.
PaymentOn Air Parking guarantees payment to the Seller for all bookings fulfilled by the Seller. Payment will be issued in the form of a printed check or electronic bank transfer at the Seller's request, and will be processed in no more than 10 business days.
TaxesSeller assumes sole responsibility for filing and paying all relevant state and local taxes, except income taxes, on transactions originated by On Air Parking, and shall include any applicable taxes in the Base Price set by Seller in the Seller Console. On Air Parking shall have no obligation to collect or remit any tax amounts. Seller shall indemnify On Air Parking and hold On Air Parking harmless from and against all state and local taxes, except income taxes, imposed on On Air Parking that relate to transactions originated by On Air Parking.
Contact InformationThe Buyer name and contact information is provided to Sellers for the sole purpose of ensuring the parking booking is fulfilled and may not be used by the Seller for any other purpose.
Sellers must submit a phone number for each parking location they list on On Air Parking. Buyers will be provided with this number to call in the event of a problem with their parking. Buyers will be eligible for a refund at the Seller's expense if this number is not answered during the parking reservation period.
Making AdjustmentsSellers authorize us to withhold payment or charge their credit card account any amount owed to On Air Parking if (a) a sale is cancelled for any reason; (b) an adjustment is made under our On Air Parking Guarantee; (c) we reasonably believe that a Seller has committed fraud or other illegal act or omission during any buying or selling activity; (d) Seller provides incorrect or misrepresented parking and/or parking related services for any booking or portion thereof.
Dispute ResolutionThe On Air Parking Guarantee provides Buyers the protection and motivation to book their parking at onairparking.com. Thus, we require On Air Parking sellers to comply with our resolution process in case a Buyer files a claim that they did not receive parking as per the terms of the On Air Parking Guarantee. Sellers permit us to make a final decision, in our sole discretion, on any claim that a Buyer files with On Air Parking under the On Air Parking Guarantee. If we resolve a dispute in the Buyer's favor, we will refund the Buyer for the cost of the parking, and we will require the Seller to reimburse us for the refund. Any On Air Parking fees for the booking will be refunded to the Seller. A warning notice will also be sent to the Seller.
For future claims where the Seller is found at fault after a warning has been issued, we will notify the Seller and continue to charge the sellers for any reimbursements made under the On Air Parking Guarantee, plus a $15 fee will be assessed to cover chargebacks and other associated bank charges. On Air Parking maintains the right to suspend or terminate a Seller's account if we suspect abuse or continuous account violations.
Grant of LicenseYou grant On Air Parking a perpetual, non-exclusive, transferable, worldwide, irrevocable, royalty-free right to exercise publicity, database, trademark and copyright rights, including the right to reproduce, modify, adapt, publish and display on the Site and on the sites of our partners and affiliated companies, any content you may provide to On Air Parking in connection with your use of On Air Parking and its Services. You agree that On Air Parking shall be permitted to use your name or user ID, home city and other ancillary information (for example, the number of years you have been a On Air Parking user) in connection with the content in conjunction with On Air Parking's marketing, promotion and publicity efforts in any media known now or in the future.
IndemnityYou agree to indemnify and hold On Air Parking and (if applicable) any parent, subsidiaries, affiliates, officers, directors, attorneys, agents and employees, harmless against any claim or demand and all liabilities, costs and expenses (including reasonable attorneys' fees) incurred by On Air Parking and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents, attorneys and employees that arise out of any claim asserted by a third party that involves, relates to or concerns any of your actions or omissions on this Site, including but not limited to your breach of this Agreement, or your violation of any law or the rights of a third party.
Enable the software application that you develop, own and operate (your "Application") to interact with the On Air Parking public database (the "Database") and retrieve therefrom information necessary to facilitate the use of www.onairparking.com and all other web sites that are owned or operated by On Air Parking (collectively, the "On Air Parking Site") by third parties through your Application in accordance with this Agreement (the "Permitted Use");
Make limited intermediate copies of the On Air Parking Content only as necessary to perform an activity permitted under this Agreement; and
You may engage in the activities permitted above solely for the Permitted Use.
On Air Parking shall provide you with confidential security keys and related passwords, if necessary (collectively, the "Client ID") that will permit you to access the Database. The Client ID is the property of On Air Parking and may be immediately revoked or terminated by On Air Parking if you share the same with any third party, if compromised by a third party or if you use or access the API, On Air Parking Content or the Database in any way not expressly permitted under this Agreement. On Air Parking reserves the right to modify, change, update and/or enhance the API, permitted API calls, the Database, the Permitted Use and/or the On Air Parking Site (each a "Modification") at any time with or without notice to you in On Air Parking's sole and exclusive discretion. You acknowledge and agree that such Modifications may affect your Application and/or your site and may require you to make changes to your Application and/or your site at your cost to enable your Application and/or your site to continue to be compatible with, and/or interface with, the API, Database or the On Air Parking Site. Without limiting the "Disclaimer of Other Warranties and Limitation of Liability" section below, On Air Parking shall not be liable for any costs incurred by you, lost profits or damages of any kind arising out of or in connection with any Modification.
On Air Parking reserves the right to terminate this license at any time for any reason upon written notice to you. Upon such termination, you shall immediately cease any and all use of the On Air Parking Content.
General License Conditions and RestrictionsYour use of the On Air Parking API is subject to the following conditions:
You shall not use the API, the Database or the On Air Parking Content in any way not expressly permitted or granted under this Agreement;
During the term of this Agreement and following its expiration or early termination, you shall not use (or facilitate use of) any alternative means such as robots, spyders, scraping or other technology to access, query or use the On Air Parking Site, the Database or On Air Parking Content to obtain any information, other than as provided by On Air Parking to you pursuant to this Agreement;
You shall not distribute, publish, facilitate, enable or allow access or linking to the On Air Parking Content or Database from any location or source other than through your Application;
You shall not provide On Air Parking Content to any third parties not expressly authorized by this Agreement and you shall not permit or enable third parties to copy or obtain On Air Parking Content from your Application or your site in any unauthorized manner including, but not limited to, the use of using robots, spyders, scraping or any other technology;
You shall not collect personally identifiable information of any user of the On Air Parking Site through your Application;
You shall not modify, decompile, attempt to reverse engineer, or otherwise alter the API or the Database;
You shall not commercialize (i.e., sell, rent or lease), copy, store or cache the On Air Parking Content, other than for the intermediate purposes allowed by this Agreement;
Your Application and your use of the API, On Air Parking Content and Database shall not: (i) be false, inaccurate or misleading; (ii) infringe on any third party's copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy; (iii) violate any law, statute, ordinance, contract or regulation (including, but not limited to, those governing financial services, consumer protection, unfair competition, antidiscrimination or false advertising); (iv) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (v) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information; or (vi) create liability for us or cause us to lose (in whole or in part) the services of any internet service provider or other suppliers; and
You shall not use the On Air Parking Content in any manner that competes directly or indirectly with On Air Parking.
ApprovalYou shall be responsible for all costs you incur in association with any required approval of your Application and any modifications necessary to meet the approval criteria and you will not be permitted to publicly display your Application until approval is complete.
Display of On Air Parking ContentYou may only display the On Air Parking Content in accordance with the guidelines set forth herein (including those provided to you by On Air Parking or contained in the Developer Site).
Display of LogoOn Air Parking hereby grants you a non-exclusive license to display the On Air Parking Logo as described herein (including those provided to you by On Air Parking or contained in the Developer Site). Notwithstanding anything to the contrary herein, On Air Parking shall retain final approval over the placement of each such On Air Parking Logo on your Application and your site, which such approval may be withdrawn or withheld in On Air Parking's sole discretion.
Competitive or Similar MaterialsIn no event shall On Air Parking be precluded from discussing, reviewing, developing for itself, having developed, acquiring, licensing or developing for third parties, as well as marketing and/or distributing, materials which are competitive with your Application and/or other products or services provided by you (collectively, "Products"), irrespective of their similarity to current Products or Products that you may develop hereafter.
API Call LimitationsThe number of API calls you will be permitted to make during any given time period will be limited as described in the materials provided to you by On Air Parking or on the Developer Site. On Air Parking will determine, in its sole and exclusive discretion, such API call limit (the "Call Limitation") based on various factors On Air Parkinged by On Air Parking. Such factors may include, without limitation, the ways in which your Application may be used and/or the anticipated volume of usage associated with your Application. On Air Parking may, in its sole and exclusive discretion, suspend your access to the API with or without notice to you in the event you exceed the Call Limitation.
Security and StabilityYou acknowledge that it is in the best interests of both parties that On Air Parking maintain a secure and stable environment, to that end, On Air Parking reserves the right to change the method of access to the API, the Database and/or On Air Parking Content at any time. You also agree that, in the event of degradation or instability of On Air Parking's system or an emergency, On Air Parking may, in its sole discretion, temporarily suspend your access to the API, Database and/or On Air Parking Content under this Agreement. Your continued access to the API, Database and On Air Parking Content is subject to your compliance with the following security standards:
You agree to maintain reasonable safeguards to protect the security of all information provided to you by On Air Parking and to use such information only as intended under this Agreement.
You agree to adhere at all times to reasonable security practices, as specified in current industry literature on topics relevant to your interaction with On Air Parking.
You agree to immediately notify On Air Parking in writing upon your discovery a breach of security of your facility, systems or site where On Air Parking Content or data relating to any use of the On Air Parking Site has been acquired by an unauthorized person.
In addition to the foregoing, you agree that On Air Parking may monitor your use of the API, your Application and the On Air Parking content in order to ensure that all such use is proper and intended primarily to direct customers to the On Air Parking site for legitimate purposes.