TERMS OF USE

(Effective April 28th, 2017)

IMPORTANT! THE FOLLOWING PROVISIONS GOVERN THE PREFLIGHT AIRPORT PARKING FREQUENT PARKER PROGRAM (THE “PROGRAM”) AND YOUR PARTICIPATION IN THE PROGRAM. PLEASE CAREFULLY READ THESE PREFLIGHT AIRPORT PARKING FREQUENT PARKER PROGRAM TERMS AND CONDITIONS ("PROGRAM TERMS") BEFORE PARTICIPATING IN THE PROGRAM, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. THESE PROGRAM TERMS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND PreFlight, LLC (“PreFlight” OR “we” OR “us”). BY ENROLLING OR PARTICIPATING IN THE PROGRAM, YOU AGREE TO ACCEPT AND BE BOUND BY THESE PROGRAM TERMS AND BY PREFLIGHT’S TERMS OF USE AND PRIVACY POLICY. IF YOU DO NOT AGREE TO BE BOUND BY THESE PROGRAM TERMS, THE TERMS OF USE, AND THE PRIVACY POLICY, THEN YOU SHOULD NOT ENROLL OR OTHERWISE PARTICIPATE IN THE PROGRAM.

THIS IS AN IMPORTANT DOCUMENT THAT YOU MUST CONSIDER CAREFULLY WHEN CHOOSING WHETHER TO ENROLL IN OR USE THE PROGRAM. PLEASE BE ADVISED: THESE PROGRAM TERMS CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF CLAIMS YOU MAY HAVE, INCLUDING A RELEASE OF ALL CLAIMS AGAINST PREFLIGHT IN CONNECTION WITH THE PROGRAM (SEE THE “WAIVER AND RELEASE,” “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” SECTIONS BELOW).

ELIGIBILITY AND ENROLLMENT

Program members can accrue Program points (“Points”) that may be redeemed for Program rewards (“Rewards”), all as specified in the Program 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.

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 applications 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. However, if you also opt to 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.

ACCRUING AND REDEEMING 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 on the Website or through the Mobile App. 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, 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 Website and Mobile App. 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 Website.

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 Program 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 on the Website or through the Mobile App 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 Website. 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.

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.

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.

PARKING AND RATES

If you present your Program Card at any PreFlight location, you are guaranteed one parking space. The type of space and parking rate are not guaranteed.

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 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. Any changes to these Program Terms will be effective immediately upon posting of the revised Program Terms. If the revised Program Terms include a Substantial Change (as defined below), we will inform you about the revised Program Terms by email if we have your email address and we may also post a notice on the home page of the Website. "Substantial Change" means a change to the Program Terms that reduces your rights or increases your responsibilities.

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 terminate your Program 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 the Program Terms, (ii) have violated PreFlight’s Terms of Use, (iii) are or become ineligible for the Program, (iv) 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, (v) have violated the rules of our parking facilities, or (vi) have not engaged in any activity in connection with your Program Account for at least 36 months. We may also terminate your Program 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 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 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 PROGRAM OR YOUR USE OF THE 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 PARTICIPATION IN THE PROGRAM, (ii) YOUR USE OF ANY SERVICES RELATED TO 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 CANCELLATION OF 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.

WAIVER AND RELEASE

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 negligent act committed by or on behalf of PreFlight in connection with the operation or use of 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."

ADDITIONAL TERMS AND CONDITIONS

Your use of the Program and the 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) PreFlight’s Terms of Use, (iii) all rules posted on-site at our facilities, and (iv) 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.

CONTACT

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

© 2016 PreFlight Airport Parking
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Property of PreFlight LLC