PREFLIGHT CONTENT

Content on this Platform that is provided by PreFlight or our licensors, including certain graphics, photographs, images, screen shots, text, articles, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“PreFlight Content”) is the property of PreFlight and our licensors, and is protected under trademark, copyright, and other intellectual property laws.

Except as authorized in writing by us, you agree not to download, display or use any PreFlight Content located on the Platform for use in any publications, in public performances, on websites other than this Platform for any other commercial purpose, in connection with products or services that are not those of PreFlight, in any other manner that is likely to cause confusion among consumers, that disparages or discredits PreFlight and/or our licensors, that dilutes the strength of our or our licensors’ property, or that otherwise infringes our or our licensors’ intellectual property rights. You further agree to in no other way misuse any PreFlight Content.

PROGRAM ELIGIBILITY AND ENROLLMENT

Program members can accrue Program points (“Points”) that may be redeemed for Program rewards (“Rewards”), all as specified in these Terms. To be eligible for Program membership, you must: (i) be an individual at least 18 years of age, (ii) provide a valid postal address in the United States or Canada, (iii) provide a valid email address, and (iv) provide a valid mobile phone number. Corporations and other business entities are not eligible for membership in the Program, but their employees may participate. When you register, you must provide us with current, complete, and accurate information. It is entirely your responsibility to maintain the confidentiality of your password and account information. You are responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.

By enrolling in the Program, you are certifying that you meet all the eligibility criteria. If you do not meet the eligibility criteria, do not enroll or participate in the Program.

You can enroll in the Program by completing the account registration process online at http://www.preflightairportparking.com or through one of our Mobile Apps and following the instructions provided. All required information must be provided. Upon successful completion of the account registration process, an account will be created (“Program Account”) and a Program membership card (“Program Card”) will be mailed to you at the address provided during the registration process. If you do not receive your Program Card within ten (10) business days, please contact us. You may request additional Program Cards at no cost.

Members may maintain more than one Program Account. However, spreading Points across multiple accounts may delay the issuance of Rewards.

We do not charge a fee to enroll or maintain membership in the Program.

ACCRUING AND REDEEMING PROGRAM REWARDS

Once you have been issued a Program Account, you will accrue Points each time you pay for parking at a participating PreFlight facility, provided you either (i) present your Program Card to the facility cashier or at the facility pay station, as applicable, at the time of payment, or (ii) make a prepaid reservation including your Program Account number through the Platform. If you incur parking charges in excess of the amount of your prepaid reservation (for example, by parking for longer than initially intended), you will need to present your Program Card to earn Points with respect to such additional charges. One Point will accrue for each dollar you pay for parking at participating PreFlight facilities when you present your Program Card or make a prepaid reservation with your Program Account number, excluding taxes, fees, and discounts, and net of any credits, refunds, or voided transactions. Some facilities may round parking charges to the nearest dollar for each parking transaction, while others award Points based on your actual parking charges. To determine which method is being used at any facility, please contact the facility manager.

From time to time PreFlight may offer Program members the opportunity to earn Points through special offers or promotions. Any Point accrual in connection with such promotions will be subject to the terms and conditions governing the applicable promotion.

Points will not accrue for: (i) amounts paid for services other than parking, such as car care services and electric vehicle charging, (ii) taxes and fees imposed by any government or airport, including, without limitation, sales taxes and access fees, (iii) any discounts, coupons, or vouchers (including, without limitation, Rewards) you use, and/or (iv) prepaid parking reservations canceled prior to the scheduled exit date.

Program Account status, including the number of Points accrued, is available through the Platform. You are expected to be aware of the status of your Program Account at all times. Points will generally be applied to your Program Account within 24 to 48 hours of the Transaction Date, which is defined as (i) for prepaid reservations, the last date of the prepaid reservation period, and (ii) for all other parking transactions, the date on which you exit the parking facility. If Points for any parking transaction have not been properly applied to your Program Account, you can request missing Points within thirty (30) days of the Transaction Date by submitting your request, a copy of your receipt for the relevant transaction, and your Program Account number by facsimile or email to the manager of the applicable parking facility. You can find contact information for parking facility managers on the Platform.

Program Rewards

Members may accrue Points toward, and redeem Points for, Rewards. Currently, members may accrue Points towards either (i) PreFlight Program Rewards vouchers good for free parking and, where available, car wash services (“Program Rewards Vouchers”) OR (ii) airline miles towards designated airline loyalty programs (“Airline Rewards”), both as more fully described below, but may not accrue Points toward both. Rewards may change or may be withdrawn at any time in our sole discretion. You can elect whether to earn Program Rewards Vouchers or Airline Rewards during enrollment in the Program. If no election is made, Points will accrue towards Program Rewards Vouchers. You may change your election by logging into your Program Account and changing your Program Account settings.

Points redeemed for Rewards will be deducted from your Program Account. Points and Rewards reflected in our records shall be deemed correct and we shall have the right to determine the Points to be awarded to you, consistent with these Terms, and to modify or correct Points and Rewards at any time based on our records. Our decisions regarding the Program, including, without limitation, available Points, Rewards, eligibility, and termination of Program Accounts, shall be final and binding on you.

Program Rewards Vouchers

You may redeem Points for Program Rewards Vouchers for parking or, at participating facilities, for car wash services. Once you redeem Points for a Program Rewards Voucher, the Points will be deducted from your Program Account. Points must be redeemed for Program Rewards Vouchers through the Platform prior to exiting the facility; cashiers cannot redeem Points or issue Program Rewards Vouchers at the cashier booth.

For a Program Rewards Voucher for one day of free parking, you will need Points equal to six (6) times the posted (non-discounted) daily rate for the applicable type of parking. For example, if the applicable posted daily rate is $20.00, you will need to redeem 120 Points for a Program Rewards Voucher for a free day of parking. Program Rewards Vouchers will not be issued for partial days of parking.

Program Rewards Vouchers are issued for specific services at specific facilities and must be redeemed for the services specified and at the facility specified. Program Rewards Vouchers for car wash services can be used only at facilities offering car wash services. For more information about available Rewards or to determine the Points needed for a Program Rewards Voucher for free parking or car wash services, log into your Program Account and visit the Awards Center.

Program Rewards Vouchers may be presented either as a printed hard copy or via your mobile device. A Program Card does not need to be presented to use a Program Rewards, so treat your Program Rewards Vouchers as if they were cash. Lost or stolen Program Rewards Vouchers will not be replaced.

If you opt to receive Program Rewards Vouchers, you will not receive Airline Rewards.

Airline Rewards

You may opt to redeem Points for airline miles with our participating airline partners’ loyalty programs. Information regarding participating airline partners is available on the Platform. Participating airline partners are subject to change at any time without notice.

If you opt to redeem Points for Airline Rewards, you will be required to provide information regarding your airline loyalty program, including, without limitation, the applicable airline and your airline loyalty program account number. All airline miles are subject to the terms and conditions of the applicable airline partner’s loyalty program.

If you opt to redeem Points for Airline Rewards, each Point will earn one airline mile, but airline miles will only be issued in increments of 250 miles. For every 250 Points you accrue, an Airline Reward for 250 airline miles will automatically be submitted within ninety (90) days of the date the Airline Reward accrued to the participating airline partner you designated and the Points redeemed for Airline Rewards will automatically be deducted from your Program Account.

If you opt to receive Airline Rewards, you will not receive Program Rewards Vouchers.

Participating airline partners are independent legal entities and are not affiliated with PreFlight. YOU ACKNOWLEDGE AND AGREE THAT PREFLIGHT SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACTS OR OMISSIONS OF PARTICIPATING AIRLINE PARTNERS, INCLUDING, WITHOUT LIMITATION, THE OPERATION OF SUCH PARTICIPATING AIRLINE PARTNERS’ LOYALTY PROGRAMS.

PROGRAM POINTS AND REWARDS EXPIRATION

Points will expire, without notice, thirty six (36) months after the Transaction Date. Upon expiration, Points cannot be redeemed for Program Rewards Vouchers or Airline Rewards. Program Rewards Vouchers expire sixty (60) days after the date of issuance. The expiration date will appear on the Program Rewards Voucher. For information regarding expiration of Airline Rewards, please consult the terms and conditions applicable to your designated airline’s loyalty program.

PROGRAM POINTS AND REWARDS VALUE AND TRANSFER

Points and Rewards, including, without limitation, Program Rewards Vouchers: (i) have no cash value, (ii) cannot be exchanged for cash, and (iii) have no value outside of the Program. Program Accounts, Program Cards, Points, Rewards, Program Reward Vouchers, and Airline Rewards cannot be sold, bartered, shared, assigned, or otherwise transferred. Notwithstanding the foregoing, Program Rewards Vouchers may be used by the bearer and should be treated like cash. We will not replace lost or stolen Program Rewards Vouchers. The accumulation of Points does not entitle you to any vested rights with respect to Points, Rewards, or any other benefits of the Program.

EXPRESS PASS

PreFlight Airport Parking offers the ExpressPass program to help make airport parking more convenient for frequent parkers. You may join the ExpressPass program online at https://www.preflightairportparking.com/frequent-parker-program. If you create an ExpressPass account, you may be charged an ExpressPass enrollment fee. All eligible ExpressPass members are automatically enrolled in the Program, but ExpressPass membership is not required to participate in the Program.

To create an ExpressPass account, you may be asked to supply certain payment information, such as your credit card number, the expiration date of your credit card, and your billing address. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) YOU PROVIDE US AND THAT ALL PAYMENT INFORMATION WILL BE COMPLETE AND ACCURATE. We will not be responsible for any delays, fees, or non-performance related to inaccurate or outdated payment information. By submitting your payment information and using the ExpressPass check-out feature at an exit station when you park, you grant us (or our third-party vendor) the right to charge your payment method for the full amount applicable to that transaction.

PARKING AND RATES

Program members do not receive discounted rates and, unless using a Program Reward Voucher, must pay posted rates for parking and other services. If you use a Program Reward Voucher, all parking charges not covered by the Program Reward Voucher are your responsibility. ExpressPass members must pay posted rates unless a discounted rate has been prearranged by location. It is the responsibility of ExpressPass members to confirm any discount before the parking transaction begins.

PROGRAM CARDS

Program Cards are and shall at all times remain the sole property of PreFlight. You agree to surrender your Program Card(s) to us upon termination of your Account or sooner upon our request. You are responsible for all transactions using your Program Card(s) and/or Program Account(s) and agree to notify us immediately if a Program Card is lost or stolen or if you become aware of any unauthorized activity related to your Program Account.

MODIFICATION OR CANCELLATION OF PROGRAM OR TERMS

We reserve the right to modify the Program or cancel the Program at any time in our sole discretion, with or without notice to you, and without liability or obligation to you.

We reserve the right to modify, supplement, or delete these Terms (or any part thereof) at any time. Any changes to these Terms will be effective immediately upon posting of the revised Terms. Your continued use of the Platform or participation in the Program will signify your continued agreement to these Terms as they have been revised.

In the event of cancellation of the Program, your Program Account will automatically terminate upon the effective date of Program cancellation.

ACCOUNT TERMINATION

We may suspend or terminate your access to the Platform and/or your Program Account or ExpressPass account at any time, with or without notice to you and without liability or obligation to you, if we determine, in our sole discretion, that you (i) have violated these Terms, (ii) are or become ineligible for the Program, (iii) have engaged in any conduct that is illegal, fraudulent or improper or that is dangerous, offensive, or objectionable to our employees, customers, or other third parties, (iv) have violated the rules of our parking facilities, or (v) have not engaged in any activity in connection with your Program Account for at least 36 months. We may also terminate your access to the Platform and/or your Program Account or ExpressPass account at any time in our sole discretion if we think it is advisable to protect the interests of PreFlight, our employees, our customers, Program members, or any third party.

In addition, you may terminate your Program account or ExpressPass account at any time by calling the toll-free Customer Service telephone number set forth on your Program Card.

Upon termination of your Program Account for any reason, your membership in the Program terminates immediately and all Points are immediately void and may no longer be redeemed for Rewards. Program Rewards Vouchers issued prior to the termination of your Program Account may be used until their stated expiration date.

DISCLAIMER OF WARRANTIES

THE PLATFORM, OUR PARKING SERVICES, THE PROGRAM, AND ALL RELATED SERVICES ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

PREFLIGHT, ITS PARENT, AND AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, AND VENDORS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY THEORY OF LAW OR EQUITY, WHETHER FOR BREACH OF CONTRACT, TORT OR OTHERWISE, ARISING FROM THE PLATFORM, OUR PARKING SERVICES, THE PROGRAM, OR YOUR USE OF THE PLATFORM, PROGRAM, OR ANY SERVICES RELATED THERETO, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, THIRD PARTY, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. NOTWITHSTANDING THE FOREGOING, IN THE EVENT PREFLIGHT IS FOUND TO BE LIABLE, PREFLIGHT’S LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO $100. WITHOUT LIMITING THE FOREGOING, PREFLIGHT, ITS PARENT, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND VENDORS, SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR OR IN CONNECTION WITH: (i) YOUR USE OF THE PLATFORM OR OUR PARKING SERVICES, OR YOUR PARTICIPATION IN THE PROGRAM, (ii) YOUR USE OF ANY SERVICES RELATED TO THE PLATFORM OR THE PROGRAM, (iii) ANY UNAUTHORIZED ACCESS TO YOUR PROGRAM ACCOUNT OR UNAUTHORIZED USE OF YOUR PROGRAM CARD OR PROGRAM REWARDS, OR (iv) TERMINATION OF YOUR ACCOUNT OR SUSPENSION OR CANCELLATION OF THE PLATFORM OR THE PROGRAM. CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY. THE LIMITATION OF DAMAGES SET FORTH HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN PREFLIGHT AND YOU. THE PROGRAM WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATION.

ASSUMPTION OF RISK; WAIVER AND RELEASE

You acknowledge and agree that by parking in our parking facilities You assume all risk of loss or damage to property, including parked automobiles or contents, by reason of fire, theft, collision or any other cause, and all risk of personal injury, including but not limited to death, attributable to any cause. You release, discharge and hold harmless PreFlight and its respective directors, officers, employees, agents and partners from any and all liability, claims or causes of action (known or unknown) arising out of any such loss, damage or injury, or negligent act committed by or on behalf of PreFlight in connection with the operation or use of the Platform, our parking services, and the Program. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. YOU ARE WAIVING ANY RIGHT THAT YOU MAY HAVE TO BRING A LEGAL ACTION TO ASSERT A CLAIM AGAINST PREFLIGHT OR THE OTHER PARTIES SET OUT ABOVE FOR ITS OR THEIR NEGLIGENCE.

If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

BINDING ARBITRATION

Any controversy or claim arising out of your use of the Platform, our parking services, the Program, these Terms, and/or our privacy policy shall be settled by binding arbitration before Judicial Arbitration and Mediation Services (“JAMS”), in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. Please go to www.jamsadr.com to see a complete copy of the JAMS Rules and Procedures or to submit a claim for arbitration.

In resolving a claim for arbitration, the arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class, representative, or collective basis, or as a private attorney general on behalf of other persons similarly situated, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitrate the dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. Disputes regarding the arbitrability of any claim shall be resolved by the arbitrator.

THE ARBITRATION OF DISPUTES PURSUANT TO THE ABOVE PARAGRAPHS SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU MAY NOT BRING ANY CLAIM AS A PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHER SIMILARLY SITUATED PERSONS. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.

BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL. DO NOT USE THE PLATFORM OR PARTICIPATE IN THE PROGRAM IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.

ADDITIONAL TERMS AND CONDITIONS

Your use of the Platform, the Program and our parking and other services offered at our facilities is subject to all other applicable terms and conditions, including, without limitation, (i) PreFlight’s Privacy Policy, (ii) all rules posted on-site at our facilities, and (iii) all terms printed on your Program Card, any Program Rewards Voucher, and any entry and/or valet parking tickets, all of which are incorporated herein by reference.

SEVERABILITY

If any portion of these Terms is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of these Terms as possible. Any unaffected provision of these Terms shall remain in full force and effect.

CONTACT

If you have any questions regarding the Platform, our parking services, the Program, or these Terms, you can contact Customer Service using the contact information found on your Program Card or in the Contact Us section of the Website.