Terms and Conditions

EZ Air Park, Inc. Terms and Conditions  Revised 2/10/2017

 

These Terms and Conditions of Use (“Terms and Conditions”) govern your use of the EZ Air Park Website, ezairpark.com (“Website”) and the EZ Parker Program. Your access to, and use of the Website, the EZ Parker Program and the services, products and programs found at or related to the Website (referred to collectively as the “Services”) are subject to these Terms and Conditions. The terms “Company”, “we”, “us”, or “our” shall refer to EZ Air Park, Inc. and the EZ Parker Program collectively and its subsidiaries, affiliates, sister and parent companies.

By using the Website and Services, you signify that you have read, understand and agree to be bound by these Terms and Conditions and you are consenting to have your personal data transferred to, processed and maintained in the United States.

We may change or modify these Terms and Conditions at any time and such changes or modifications will come into effect immediately upon posting to the Website. We will indicate at the top of this page the date these Terms and Conditions were last revised. Your continued use of the Service or the Website after any change or modification constitutes your acceptance of the new Terms and Conditions. If you do not agree to abide by these or any future versions of the Terms and Conditions, do not use, access or continue to use or access the Service or the Website. It is your responsibility to regularly check the Website to determine if there have been changes to these Terms and Conditions.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS

Eligibility and Access to the Website

The Website is available only to users who can form legally binding contracts under applicable law.  Any registration by, use of, or access to the Website by anyone under 18 is unauthorized, unlicensed and in violation of these Terms and Conditions.  By using the Service or the Website, you represent and warrant that you are 18 years of age or older, that you are fully able to enter into and abide by all of these Terms and Conditions, and to create binding legal obligations for any liability you may incur as a result of the use of the Website. Your membership may be terminated and any profiles you have created may be deleted if we believe you are less than 18 years of age.

If you use the Website, you are responsible for maintaining the confidentiality of your account information and password. You agree to accept responsibility for all activities that occur under your account or password and you understand that you are financially responsible for all uses of the Website by you and those using your login information.

Content Linked to by the Website 

The Website does and may provide information on, accepts advertising from, and provides links to third-party vendors, websites or resources. You understand that EZ Air Park, Inc. has no control over such sites, links and resources, and you acknowledge and agree that EZ Air Park, Inc. is not responsible for the availability of such external sites or resources and further does not endorse and is not responsible or liable for any content, privacy policies, practices, advertising, products or other materials on or available from such sites, links or resources.

You further acknowledge that we are not responsible for a search, using the Services, which may produce search results and links to websites that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a search will not locate unintended or objectionable content and assume no responsibility for the content of any website included in any search results or otherwise linked to by EZ Air Park, Inc.  By using the Website and Service, you expressly release us from any and all liability arising from search results or your use of any third party websites or third party content. Our terms and conditions do not govern any third party websites, and we encourage you to review the applicable terms and policies of any third party website.

Because EZ Air Park, Inc. has no control over such linked sites and resources, you acknowledge and agree that they are not responsible for the availability of such external sites or resources. You acknowledge that EZ Air Park, Inc. 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. Offers contained on any linked content from third parties, vendors or websites are subject to change at any time, and may have many additional restrictions and limitations. Users of the Website and the Service agree to confirm all aspects of third-party offers with the offering party and to hold EZ Air Park, Inc. and its employees and affiliates harmless for any circumstances that may arise from interactions with a third party. You further acknowledge and agree that EZ Air Park, Inc. 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 the use of, or reliance on, any such content, goods, or sites available on or through any such site or resource.

Privacy Policy

Click here to review the EZ Air Park, Inc. Privacy Policy.

Personal Use

The Website and Services are made available for your personal, non-commercial use only.  EZ Air Park, Inc. grants you a limited, non-transferable, non-exclusive license to access and use the Website and Services for noncommercial purposes only. You may not use the Website to sell a product or service, or to increase traffic to your website for any commercial reasons.  You may only use the Website to make legitimate reservations, update your profile, join the EZ Parker Program and/or learn about our products and services.  You agree to not use the Website or Services 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 Services or their contents; any derivative use of the Website or Services; 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 EZ Air Park, Inc. and our Services or affiliates without our prior express written consent. You may not take the results from a search and reformat and display them, or mirror the EZ Air Park, Inc. home page or results pages on your website. You may not “meta-search” the Website.

We make no guarantees regarding the availability of the Website or Services referenced in the Website. Furthermore, we reserve the right to, within our sole discretion, discontinue the Website or Services and/or modify the contents of the Websites, Services as well as these Terms and Conditions without prior notice including, but not limited to pricing, designated Services and 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 to EZ Air Park, Inc.

User Conduct

You agree not to use the Service or the Website:

  • in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website;
  • to use automated scripts to collect information from, or otherwise interact with, the Website or the Services;
  • to upload, post, transmit, share, store or otherwise make available any content on the Website without our consent; or
  • to upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

You acknowledge, consent and agree that we may access, preserve and disclose your account information and user content if required to do so by law or pursuant to a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to your requests for customer service; or (d) protect our rights, property or personal safety and those of our users and the public. You understand that the technical processing and transmission of the Website and Services may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You acknowledge that we may establish general practices and limits concerning use of the Website and Services. You agree that we have no responsibility or liability for the deletion or failure to store any communications or other content maintained or transmitted by the Website and Services. You further acknowledge that we reserve the right to modify these general practices and limits from time to time. We reserve the right to, at any time and for any reason, modify or discontinue, temporarily or permanently, the Website and/or Services (or any part thereof) with or without notice. You agree that we shall not be liable to you, or to any third party, for any modification, suspension or discontinuance of the Website or Services.

No Representations or Warranties 

The Website and the materials located on or through the Website are provided for informational purposes only. You agree and acknowledge that we make no representation or warranty as to the accuracy of any information on the Website or linked to the Website.

We make no guarantee of any specific result from use of this Website or the Services. We disclaim any and all liability for the acts, omissions and conduct of any parking vendors, third party users, Website users, advertisers and/or sponsors on the Website. We are not responsible for the products, services, actions or failure to act of any parking vendor or other third party in connection with the Service or the Website.

EZ Air Park, Inc., 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. EZ Air Park, 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 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 EZ Air Park, Inc. nor any third party providers warrant that the websites, their servers or any e-mail sent from EZ Air Park, Inc. are free of viruses or other harmful components.

We are not responsible for any content or services provided by third parties (including advertisers) or other users except as expressly set forth herein.  We do not make any representation or warranty of any kind, whether express, implied, statutory or otherwise, including without limitation warranties of merchantability, fitness for a particular use, non-infringement or any implied warranties arising from course of dealing or course of performance. Without limiting the generality of the foregoing, we specifically disclaim any representation or warranty regarding the error-free, disruption-free or interruption-free nature of the website or the services.

Limitation of Liability

In no event shall EZ Air Park, Inc., owners of participating parking facilities, our affiliates, subsidiaries and parent companies, and any of their officers, directors, employees and agents, and any third party providers be liable for any injury, loss, claim, loss of data, 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 including for the purposes of reservations), or (iii) the performance or non-performance by EZ Air Park, 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 you are dissatisfied with the website, your sole and exclusive remedy shall be to discontinue use of the website and terminate this agreement in accordance with the terms hereof.

If, notwithstanding the foregoing, EZ Air Park, Inc., any owner of a participating parking facility, our affiliates, subsidiaries and parent companies, and any of their officers, directors, employees and agents, 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 party(ies) shall in no event exceed, in the aggregate, US $100.00.

Indemnification

You agree to defend and indemnify EZ Air Park, Inc., our affiliates, subsidiaries and parent companies, and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of (a) your breach of these Terms and Conditions; (b) your violation of any law or the rights of a third party; or (c) your use of this Website or the Services.

Intellectual Property Ownership and Submissions

Any and all intellectual property rights associated with the Website 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 EZ Air Park, Inc. 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 EZ Air Park, Inc. or the appropriate third party’s prior written permission. Except as provided herein, EZ Air Park, Inc. does not grant to you any express or implied rights to EZ Air Park, Inc.’s or any third party’s Intellectual Property. Any rights associated with the content of the Website and/or Services, which is transmitted, downloaded, or otherwise processed by EZ Air Park, Inc., shall be retained by the owner of the content, if any, and may be protected by applicable copyright, trademark, or other laws.

You acknowledge and agree that any questions, comments, reviews, suggestions, ideas, feedback or other information about the Website or the Services provided by you to us are non-confidential and shall become our sole property. We shall own all exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of the foregoing for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Additional Terms and Conditions for Reservations

In addition to the general Terms and Conditions stated herein, the following Additional Terms and Conditions apply when making reservations for a parking space through EZ Air Park, Inc.:

  1.  Confirmation and Reservations 

EZ Parker Program (“Program”) members who enter their Program account number on their reservation can use their EZ Parker Program card (“card”) to enter and exit the designated EZ Air Park, Inc. parking lot.  At entry the card should be scanned at the entrance gate and then at exit it can be scanned at either the auto-pay lane or by a cashier. EZ Air Park, Inc. reserves the right to require partial or full pre-payment for online reservations booked on our website.

Once a reservation for parking is completed through the Website, you will receive two forms of confirmation for the reservation.  At the completion of the reservation process a confirmation screen will be displayed providing the reservation details.  This confirmation page can then be printed directly.  You will also receive within 24 hours an e-mail confirming the reservation.  This email can then be printed, or retained and presented, as proof of reservation at the EZ Air Park, Inc. facility.

If you are not yet a member of the Program, you must bring a printed copy of your reservation or present a digital version of your reservation on your mobile device. Please be advised that your confirmation number is not considered proof of purchase, only a copy of your confirmed reservation is considered a “proof of purchase”. Without a printed or digital copy of your reservation you will be required to pay the cashier the full amount when exiting the facility. Facility staff cannot access your online booking and cannot verify your purchase without physical proof of your reservation. If you cannot print your reservation, or if have lost your printed copy of your reservation, you can call our customer service representatives at 651-777-7275 and one of our friendly representatives will be happy to assist you with locating your reservation and will send you a copy.

  1. Coupons or Special Offers

Once you have completed booking your reservation online, your rate is secured and cannot be combined with any coupon, special offer or other promotion.  Full payment of the fee specified in the reservation is required to exit the facility.

  1. Modifying or canceling your reservation

You can modify or cancel your reservation up to 24 hours before the start time identified in your reservation to receive a refund of the deposit paid. To modify or cancel your reservation you will need to provide your first and last name exactly as entered on your booking and your Reservation Confirmation Number. Cancellations may be made online by using the unique link displayed on your reservation receipt, your reservation number or by logging in your EZ Parker account if the reservation was booked using a linked account. Reservations cannot be modified or cancelled after the start of the scheduled reservation time. Refunds for cancellations made less than 24 hours before the start time of your reservation will be considered on a case by case basis and require managerial approval.

  1. Extended and Unused Stays

If your parking is extended beyond the original stay reserved you will be charged for the additional unpaid stay. Reservations can only be modified or cancelled up to 24 hours before the scheduled reservation start time. No refunds for unused days will be issued.  (See Section 3 above).

  1. Credit Card Billing

At the time of booking your reservation on ezairpark.com the required deposit will be charged to the credit card provided. If your parking is extended beyond the original stay reserved, the credit card used at the time of booking may be charged for the additional unpaid stay or you can choose an alternate form of payment at the auto exit lane or cashier booth.

  1. Tax Exempt Status

Please note that we are unable to verify your tax exempt status if you make reservations online and all payments made through the online service will be taxable.  To claim tax exempt status you must present proper documentation at the parking facility verifying your tax exempt status and pay the cashier. All online payments will be taxable.

Additional Terms and Conditions for EZ Parker Program

Please note that such terms and conditions are subject to change at any time.

About The Program

As an EZ Parker Member, you will have the opportunity to earn rewards to use for free parking and other rewards at EZ Air Park, Inc. as well as additional benefits to be introduced in the future. You are eligible to earn one free award day of parking for every ten paid days of parking.

Membership Sign-Up

Membership in the EZ Parker Program is free. You can become an EZ Parker Member by enrolling online or obtaining a card from a cashier.

EZ Air Park, Inc. shall not be responsible for any incidents resulting from incomplete and insufficient information entered by members. EZ Air Park, Inc. shall also not be responsible for any loss of data or information for any other reason whatsoever.

In the event EZ Air Park, Inc. determines or has reason to believe that the information you provide is not current, is inaccurate, incomplete in any way, or that you have provided us with false or misleading registration information, we reserve the right to either suspend or terminate your membership in the EZ Parker Program and remove all accumulated benefits. EZ Air Park, Inc. further reserves the right, at its own discretion, within reasonable means and belief, to classify selected transactions as fraudulent transactions until proven otherwise, to protect the integrity of the EZ Parker Program.

Earning Frequent Parker Rewards

As a member of our EZ Parker Program, you will be eligible to earn one free award day of parking for every ten paid days[1].

Once you’ve earned an award day it will be available immediately within your account. You may redeem your award day online by making a reservation and applying desired amount of points towards purchase or request the award day be applied by the cashier at checkout.

All awards on active accounts will expire three (3) years after they were issued. An active account is an EZ Parker account with parking activity within the last two (2) years. An inactive account is an account with no parking activity for two (2) or more years. All inactivate accounts will be disabled and all awards will be permanently removed.

If you’ve enrolled in the EZ Parker Program and stay with us before you receive your membership card, please exit at the cashier booth and provide your name so your stay can be applied to your account. You must identify yourself as an EZ Parker Program member to receive credit for paid parking. EZ Air Park, Inc. may, from time-to-time and in its sole discretion, amend and/or revise the number of qualified days required for an award upon posting such amendment and/or revision of terms on the EZ Air Park, Inc. website.

Should any transaction be null and void, or a reversal in program awards be conducted, whether immediately or at a later time, or should the member receive a refund from a transaction, the rewards earned with respect to such transaction will be deducted from the member’s account without requirement of notification to member.

Member Benefits

As a member of our EZ Parker Program, you will be eligible to earn one free award day of parking for every ten paid days[2].

Award Days are not transferable to your friends or family members.  EZ Air Park, Inc. membership benefits are not the property of the member and have no cash value until redeemed for rewards. EZ Air Park, Inc. is not responsible for lost or stolen reward program cards or points associated with the account.

Account Management

You may view your parking history, update your profile, check your point balance and redeem awards online. While it is your sole responsibility to notify EZ Air Park, Inc. of any name, email or address change on your account or any changes, including expiration date of your credit card on file, you need to do so to stay connected with EZ Air Park, Inc. and to remain informed of important changes or special offers. For security reasons, EZ Air Park, Inc. is unable to change the credit card linked to your account, however and as a member, you can change the credit card on file by logging into your member account.

Payment Options

During the application process or after updating your profile, you may link a credit or debit card to your EZ Parker Program Card and pay for parking using such card. Linking a credit or debit card allows you to bypass the cashier and check yourself out of the facility using your EZ Parker Program Card as the gate key to enter and exit through the automated auto-exit gates. The credit card you link is charged in full at the time you exit the EZ Air Park, Inc. lot or you have the option to pay with an alternate credit card or cash when you exit through the cashier station.

Program Changes & Termination

EZ Air Park, Inc. reserves the right to modify or cancel the EZ Air Park EZ Parker Program at any time, without notice. Such modification or cancellation will be effective when posted on the website. Free stays are the property of EZ Air Park, Inc. and not the member. You cannot transfer to or combine qualifying days with any other person or program account. Additionally, qualifying days cannot be transferred by operation of law, such as by inheritance, in bankruptcy or in with a divorce. Such modification may include, without limitation, changes in the terms and conditions for the awarding of EZ Parker awards, changes in the terms and conditions for the issuance of EZ Parker Program rewards and changes in terms and conditions for the redemption of EZ Parker Program rewards.

General Terms

EZ Air Park, Inc., in its sole discretion, reserves the right to refuse the membership of an applicant, without prior notice to the applicant.  EZ Air Park, Inc. assumes no responsibility for any technical failure of the EZ Parker Program online system. Every effort is made to ensure that information supplied to EZ Parker Program Members is correct; however, EZ Air Park, Inc. will not be liable for any inaccuracy, erroneous description, or information on the EZ Parker Program and these Terms and Conditions.

Claims Resolution

All questions or disputes about program eligibility, earning benefits or redeeming rewards will be resolved by EZ Air Park, Inc. in its sole determination. Customer concerns may be resolved by calling our Customer Service Department at the number listed in your account or by submitting a contact form at ezairpark.com.

Privacy Policy

EZ Air Park, Inc. recognizes trust is fundamental to the value of the EZ Parker Program, therefore EZ Air Park, Inc. is committed to protecting the member’s privacy: Personal information is collected to:

  • Administer the EZ Parker Program – including the management of member account
  • Communicate information and offers to members
  • Enable member to participate in promotions, specials etc.

Governing Law

These Terms and Conditions shall be governed by the laws of the State of Minnesota, United States of America, without regard to principles of conflict of law.  You consent and submit to the exclusive jurisdiction of the state and federal courts located in Dakota County, Minnesota all claims, questions and controversies arising out of your use of the Website, the Services and the terms of this agreement. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Minnesota.

Attorney’s Fees

If EZ Air Park, Inc. 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.

[1]A qualified day is defined as any paid day, 4 hours or greater. No qualified stay days are awarded for partial days or days where a free parking voucher was used for a stay.

[2] A qualified day is defined as any paid day, 4 hours or greater. No qualified stay days are awarded for partial days or days where a free parking voucher was used for a stay.