Terms of Use – PARK OAK Reservation System

Terms and Conditions

The following Terms and Conditions govern your use of the Oakland International Airport (“OAK”) online parking reservation system (the “System”), which is owned and operated by Oakland International Airport (“OAK”). Your access to, and use of, the System and the services, products and networks found at or related to the System (referred to collectively as the “Service”) are subject to the following Terms and Conditions. Within these Terms and Conditions, each individual user of the System is referred to as “You” or “User” (or as part of “Users”) and with “Your” or “User’s.”

The Service provided by OAK pursuant to the System is limited to: informing users of the location and potential availability of parking spots. Third parties, including OAK related entities, who are the business of owning, leasing, managing or operating parking facilities (individually and collectively, “Parking Licensors”) shall process payments, negotiate terms of licenses, settle disputes between users of the System, provide the parking service, operate the parking lot or otherwise accept custody of motor vehicles. OAK, in providing Service, does not accept any responsibility whatsoever regarding the safety of persons or property in the parking spots found on the System, guarantee the availability of a specific parking spot in the location you selected or the suitability of said parking spot. The responsibility of the foregoing is determined by the agreement between the parking provider and you.

I. ACCEPTANCE OF TERMS

By using the Service, you signify your acceptance of the Terms and Conditions and agree to comply therewith (the “Agreement”). OAK has the right to strictly enforce any of the provisions of the Terms and Conditions. If you do not accept and agree to the Terms and Conditions, do not use the Service.

OAK reserves the right, at its discretion, to update or revise these Terms and Conditions. Please check the Terms and Conditions periodically for changes. Your continued use of this System following the posting of any change to the Terms and Conditions constitutes acceptance of those changes.

II. SERVICES AND USE OF SERVICES

By using the Service, you represent and warrant that you are at least 18 years of age and that you are legally able to enter into this Agreement under any applicable laws.

The Service provided by this System is limited to: (i) informing customers of the location and apparent availability of parking, and (ii) providing customers the ability to book parking. 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 Parking Licensor’s lot attendant or uncontrolled if not attended. In connection with providing the Service, OAK is not 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 Parking Licensor operating the parking facility as posted at their location or provided to You by them.

The System is intended for personal, noncommercial use.

The information regarding parking facilities is provided by the Parking Licensor.  OAK, in providing the service, does not verify such information.  OAK, in providing the Service, cannot be responsible for the content or accuracy of any information obtained regarding the parking facilities, and shall not be responsible for any transaction, interaction, or contact resulting from the Services.

III. TERMINATION OF USAGE

User access to all or part of the System may be terminated or suspended at any time, without notice and for any reason.

IV. PRICING AND AVAILABILITY

OAK, in providing the Service, facilitates the reservation of parking between Users and Parking Licensors. While OAK seeks to provide accurate information regarding the parking listed on the System, OAK does not make any representation as to the accuracy of such information. You assume the risk that the information provided is not accurate. OAK, in providing the Service, does not set the parking prices, operate the parking facilities, determine parking availability or charge you for any parking fees or services provided. OAK is not responsible for any consequences arising from not being able to park, delays associated with parking, road closures or changing traffic conditions. In all cases the parking arrangement will be governed by the agreement made between the Parking Licensor and User as posted at the parking facility location or provided to the User by the Parking Licensor. By using the Service, Parking Licensors have represented that they have full authority to license to the general public, the parking they propose to license, without restriction.

When a reservation is submitted online, the quoted rate is fixed. Therefore, the quoted rate may not be combined with any additional coupons, special offers or other promotion when exiting with the parking facility. Special discounts do not apply. User agrees to abide by the terms and conditions of the purchase imposed by any Parking Licensor with whom a reservation is made, including, without limitation, payment of all amounts when due and compliance with all rules and restrictions imposed by that Parking Licensor. User is responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the System. OAK is not responsible in any way for the accuracy or suitability of any payment to any entity on your behalf.

V. CANCELLATIONS AND REFUNDS

Unless otherwise provided in the agreement with the Parking Licensor of the parking space, parking booked through the System is fully refundable up to 4 hours before the start of the reservation unless noted otherwise. Cancellations must be submitted to the System and are not accepted via phone or email. After 4 hours prior to the start of the parking reservation, all bookings are non-refundable, even if the Parking customer was unable to use the parking.

Special conditions may exist in connection with event parking. These conditions are determined by the Parking Licensor of the parking space. Unfortunately, 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.

VI. PARKING PASS

Users who book parking through the System (“Buyers”) must present the System 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 Parking Licensor, 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.

The parking booked is valid only for the times listed on the parking pass.

Customer must comply with all rules and regulations of the parking location.

The parking pass is intended solely for use by the original purchaser. It may not be resold or transferred. Any such sale or transfer shall render the parking pass void.

VII. PERSONAL INFORMATION

In order to access certain services on the System, you may be required to provide information about yourself (such as identification or contact details or license plate number). You agree that any information that you provide will be accurate. Additionally, you agree that you are responsible for maintaining the confidentiality of passwords associated with any account that you use to access the Services provided by the System. If you become aware of any unauthorized use of your password or of your account, you agree to notify OAK immediately at [email protected]. The provisions of this Article will survive termination of this Agreement and your use of the Service.

Postings to the System and e-mail delivered to OAK are not confidential, and OAK is not liable for any use or disclosure of that information.  OAK is subject to the public records requirements of the State of California, and may be required to release information it holds about You, if requested, unless there is an exemption that applies and allows OAK to refuse to release that information.

VIII. INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS

The System contains various information in the form of data, text, graphics, and other materials from OAK and third party operators (the “System Content”). You acknowledge that the System 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 System Content is and shall remain the property of OAK, its successors and assigns and/or its licensees. You may not use any OAK owned or third party owned trademarks or logos without the prior written consent of OAK or the applicable trademark owner. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the System Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any System Content, in whole or in part.

All communications and other materials you submit to the System or to OAK by email (including, without limitation, unsolicited ideas, suggestions, or materials) are the sole and exclusive property of OAK and may be used by OAK for any purpose (commercial or otherwise) without further permission or compensation to you.

IX. LIMITATION OF LIABILITY; INDEMNITY

You agree that You are solely responsible for (and that OAK has no responsibility to You or to any third party for) any breach of your obligations under this Agreement and for all activities that occur under Your account.

BY USING THE SERVICE, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS OAK AND ITS AFFILIATES, OFFICERS, LICENSEES, LICENSORS, EMPLOYEES, AGENTS, AND PARTNERS FROM ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, AND EXPENSES INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES, FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM OR IN ANY WAY CONNECTED TO YOUR USE OF THE SYSTEM OR THE SERVICE INCLUDING BUT NOT LIMITED TO ANY CLAIMS RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, VIOLATION OF ANY TERM OF THIS AGREEMENT, CONDUCT OR CONTENT OF ANY OTHER USERS OF THE SERVICE, AND UNAUTHORIZED USE OF CONTENT. THESE LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

OAK, in providing the Service, is not responsible for theft, vandalism, acts of god, weather or any damage done by a third party or by the Parking Licensor to the User’s vehicle while parked, attempting to park, or attempting to exit from the parking facility. User acknowledges that  all claims of liability for any damage or injury to User, User’s vehicle, and User’s passenger or passengers that might or does occur while the Licensee is entering, parking, parked in or exiting the parking facility are solely against Parking Licensor, and OAK, in providing the Service, shall have no liability to User relative to same. The use of the reservation is subject to Parking Licensor’s rules and regulations. In the event that User violates any rule of regulation, User runs the risk of being towed and accepts full responsibility for costs associated therewith. The provisions of this Article shall survive termination of this Agreement and your use of the Service.

X. DISCLAIMER

You agree that the use of the Service is at your own risk. OAK provides the Service on an “AS IS” and “AS AVAILABLE” basis WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS. OAK EXPRESSLY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SERVICE. OAK EXPRESSLY DISCLAIMS ANY WARRANTIES FOR ANY SERVICES OR PRODUCTS YOU MAY RECEIVE FROM OTHER USERS OF THE SERVICE. THESE DISCLAIMERS OF WARRANTY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. The terms of this Article shall survive termination of this Agreement and your use of the Service.

XI. INDEMNITY

By using the Service, you agree to indemnify OAK and its affiliates, officers, licensees, licensors, employees, agents, and other partners for any claims or demands (including but not limited to attorney fees and court costs) made by any third party arising from your use of the Service, your violation of this Agreement, or your breach of any representations and warranties herein. The terms of this Article shall survive termination of this Agreement and Your use of the Service.

XII. CONDUCT

By using the Service, you agree to the following: (i) Compliance with Rules and Regulations. User agrees to comply with any rules and regulations established by any Parking Licensor in connection with the utilization of the Services; (ii) Impersonation. You shall not impersonate others through the Service in a manner that does or is intended to mislead, confuse, or deceive other users of the Service regarding your identity. (iii) Illegal Activities. You shall not use the Service to solicit, enable or perform illegal acts or to deliver illegal products to other users of the Service; (iv) Disruption. You shall not engage in any activity that interferes with or disrupts the services provided by the System (or the servers and networks which are connected to the System). You shall not transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature; (v) Intellectual Property Rights. You shall not use the Service to display any content that violates the intellectual property rights of any user or third party; (vi) Spam. You shall not use the Service to distribute unsolicited commercial advertisements of a nature typically characterized as spam, including but not limited to hyperlinks provided by commercial advertisement agencies. You also may not access or use the System through any automated or non-human means, such as through bots, spiders, scripts, or software; and You may not access or use the System for the purpose of scraping, harvesting, mining, or other data extraction; (vii) You may not re-publish, re-transmit, display publicly, modify, or otherwise exploit the Website Content; (viii) Privacy.  You shall not use the Service to infringe on the privacy of others by posting confidential information including but not limited to credit card numbers, social security numbers, residential or business addresses, email addresses, or other personally identifiable information; (ix) Abusive Content. You shall not use the Service to display content that does or is intended to harass, defame, threaten, or otherwise abuse others; and (x) Pornographic Content. You shall not use the Service to display Content that is pornographic in nature.

XIII. TERMINATION OF SERVICE

OAK reserves the right, in its sole and absolute discretion and without prior notice, to terminate your account or otherwise limit your use of the Service for any reason including but not limited to any violation of this Agreement. OAK reserves the right to decide whether your conduct has violated any terms of this Agreement.

OAK reserves the right to remove or otherwise alter any content you submit to the Service without your permission.

XIV. AGENCY AND EMPLOYMENT

OAK is not a party to any contract formed by the use of the Service other than as expressly provided by this Agreement.

This Agreement is not a contract for employment. No agency relationship exists between you and OAK or its affiliates, officers, licensees, licensors, employees, agents, and other partners.

XV. ENTIRE AGREEMENT; OTHER GENERAL LEGAL TERMS

This Agreement constitutes the entire agreement between you and OAK, and supersedes any prior written or oral agreements. There are no third-party beneficiaries to these Terms and Conditions. These Terms and Conditions will bind and inure to the benefit of any assignees or successors in interest of or to You or OAK. Section and paragraph headings in these Terms of Use are used for convenience and reference only and in no way define, limit, extend, or otherwise describe the scope or intent of these Terms and Conditions and may not affect the meaning or interpretation of these Terms and Conditions. If any term in this Agreement is held invalid or unenforceable, the invalid or unenforceable term should be stricken and the remainder of the Agreement shall be construed as to reflect, as nearly as possible, the original intentions of the parties, and the remaining terms shall remain in full force and effect. OAK’s failure to enforce any term in this Agreement will not constitute a waiver of that or any other term in this Agreement. This System is operated by OAK KARP Associates, LLC, a limited liability company organized under the laws of the State of Connecticut.

XVI. GOVERNING LAW; JURISDICTION

This Agreement shall be governed by and interpreted in accordance with the laws of the State of California, 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.

All claims arising or relating in any way to these Terms of Use must be brought solely in Alameda County, California, or in the Northern District of California, as applicable; and with respect to any such claims, you waive any objection regarding this location being an inconvenient forum, and you consent to personal jurisdiction in the State of California.

XVII. MODIFICATION

OAK may at any time modify these Terms and Conditions and your continued use of this System or the Services will be conditioned upon the terms and conditions in force at the time of your use.

XVIII. SMS (Text to Park) TERMS OF SERVICE

Description of the Program: We provide a convenient service that enables you to text us at 53242 to initiate a paid parking transaction from your smartphone. All you need to do is to text us the parking Location Number. This is typically listed on signage at our parking Location.

1. When you send a text message to us to begin a paid parking transaction, you opt-in to the service, and we will send you an SMS message to begin your transaction and confirm your opt-in. The keyword you use to begin a paid parking transaction will typically be the “Location Code” of our parking lot or garage for which you plan to begin a paid parking transaction e.g. “TX9999”.
2. You can cancel the SMS service at any time. Just text “STOP” to 53242. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. This means that you can no longer pay for parking using this text service.

   If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

3. If at any time you forget what keywords are supported, just text “HELP” to 53242. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
4. Subject to change, we may be able to deliver messages to the following participating mobile phone carriers:

   AT&T, Boost Mobile, T-Mobile, Metro PCS, Verizon Wireless, Sprint, U.S. Cellular, Nextel & Virgin Mobile.

5. As always, message and data rates may apply for any messages sent to you from us and to us from you. You will not receive regularly scheduled messages from us – you will receive messages from us only if you text 53242 to initiate a parking transaction. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

If you have specific questions relating to your transactions, you may reach Customer Care at [email protected] or 1-855-OAK-4040.