Discount Parking for San Jose Airport (SJC)

De La Cruz Parking
Serving San Jose International Airport

TERMS OF USE
EFFECTIVE DATE: MARCH 12, 2010

ACCEPTANCE

This site is owned and operated by Enterprise Holdings, Inc. Please read the following carefully, as these terms of use ("Terms of Use") constitute a binding, legally enforceable agreement between you and delacruzparking.com ("We" or "Us"). By visiting the website located at www.delacruzparking.com ("Website") or by using any of the features or functionality made available at the Website or submitting any information to us via the Website, you signify your assent to both these Terms of Use and to the terms and conditions of Our Privacy Policy available at www.delacruzparking.com/privacyPolicy.html which is incorporated herein by reference.

IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE TERMS OF OUR PRIVACY POLICY, PLEASE DO NOT ACCESS, BROWSE OR USE THE WEBSITE.

WEBSITE ACCESS

Subject to these Terms of Use set forth herein, you are granted permission to use the Website solely for your personal, noncommercial use. Without limiting the foregoing, (a) you will not copy or distribute the Website or any part thereof or content contained therein, in any medium or form whatsoever, without Our prior express written authorization; (b) you will not alter or modify any part of the Website; (c) you will otherwise comply with these Terms of Use; (d) You will not collect or harvest any personally identifiable information from the Website or Our systems, networks, or servers, nor use the Website for the purposes of any type of solicitation whatsoever, whether commercial or not. (d) you will not use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, operators of public search engines may use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases.

WE MAY REVOKE ANY OF THE FOREGOING RIGHTS, AS WELL AS ANY ACCOUNT, PASSWORD, AND/OR ACCESS TO THE WEBSITE AT ANY TIME AND WITHOUT PRIOR NOTICE.

THIRD-PARTY WEBSITES

The Website may contain links to third party websites. You hereby acknowledge and agree that (a) We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites, and (ii) We will not and cannot censor or edit the content of any such third-party website. By using the Website, you expressly release and relieve Us from any and all liability arising from your use of any third-party website. Accordingly, We encourage you to be aware when you leave the Website and to read the terms of use and privacy policy of each and every other website that you visit.

PRIVACY POLICY

Our Privacy Policy is incorporated herein by reference and forms a part of these Terms of Use and describes the collection and use of your information. Notwithstanding the foregoing, by using the Website, you expressly consent to receiving electronic communications and notices from Us. You agree that any notice, agreement, disclosure or other communications electronically sent to you will satisfy any legal communication requirements, including that such communications be in writing.

INTELLECTUAL PROPERTY RIGHTS

All content on the Website, including without limitation, any text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Us, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. All Content on the Website is provided to you "AS IS" and "WHERE IS" for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without our express, prior written consent. We expressly reserve all rights not expressly granted under these Terms of Use in and to the Website and the Content and no other licenses are conferred hereunder, whether by estoppel, implication or otherwise. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of any Content for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content.

GRANT OF LICENSE

In submitting the any information via the Website ("Information"), you hereby grant to Us and Our successors and assigns, a worldwide, non-exclusive, royalty-free, sublicenseable, perpetual and transferable license to use, reproduce, distribute, and store such Information, subject to the terms and restrictions set forth in Our Privacy Policy located at www.delacruzparking.com/privacyPolicy.html, in connection with (a) the purpose, functionality, and operation of the Website in the ordinary course of business, and, (b) the promotion, marketing or redistribution of part or all of the Website (and derivative works thereof) in any media formats and through any media channels for any purpose whatsoever. For the avoidance of doubt, subject to the foregoing licenses granted herein, as between Us and you, you retain all ownership rights in your Information, provided, however, that any licenses granted hereunder shall be perpetual and subject only to the restrictions set forth in Our Privacy Policy located at www.delacruzparking.com/privacyPolicy.html, as such may be amended from time to time.

RESERVATION SYSTEM

You may use the Website to reserve parking spaces at delacruzparking.com (the "Reservation System"). However, you acknowledge and agree that all reservations and transactions made through the Reservations System are subject to acceptance by DelaCruzparking.com, which may be declined or modified in such Provider's sole discretion. Without limitation, DelaCruzparking.com may refuse to accept or may cancel any reservation or transaction, whether or not the reservation or transaction has been confirmed, for any or no reason, in its sole discretion, and without liability to you or any third party.

WARRANTY DISCLAIMER

THE WEBSITE, RESERVATION SYSTEM, AND/OR ANY CONTENT ARE ALL AND EACH PROVIDED "AS IS" AND "WHERE IS" AND YOU AGREE THAT YOUR USE OF ANY OF THE FOREGOING SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, AND EACH PROVIDER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, THE CONTENT, THE RESERVATION SYSTEM AND ANY NETWORK, SYSTEMS, AND/OR SERVERS RELATED THERETO AND ANY SERVICES OR INFORMATION ACCESSIBLE THEREIN INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, OR THAT YOUR USE OF THE WEBSITE, CONTENT, AND/OR THE RESERVATION SYSTEM WILL MEET YOUR EXPECTATIONS, BE UNINTERRUPTED, VIRUS OR ERROR-FREE, OR COMPLETELY SECURE. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE HEREBY GRANT THE MINIMUM EXPRESS AND IMPLIED WARRANTIES REQUIRED BY SUCH APPLICABLE LAW. FURTHER, WE AND OUR PROVIDERS MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE, CONTENT, AND/OR THE RESERVATION SYSTEM, OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, LACK OF COMPLETENESS, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, CONTENT, AND/OR THE RESERVATION SYSTEM (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR OR OUR PROVIDERS' SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, CONTENT, AND/OR THE RESERVATION SYSTEM (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE OR THE RESERVATION SYSTEM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR THE RESERVATION SYSTEM OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, CONTENT AND/OR THE RESERVATION SYSTEM. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, OPINION, ADVICE, RECOMMENDATION OR SERVICE PROMOTED, ADVERTISED OR OFFERED OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE, CONTENT, AND/OR THE RESERVATION SYSTEM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL DELACRUZPARKING.COM, OR THEIR OR OUR, AND THEIR OR OUR AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS, AND/OR THEIR OR Our OWNERS, SUBSIDIARIES, OR AFFILIATES, BE LIABLE TO YOU FOR, AND YOU HEREBY WAIVE ANY AND ALL CLAIMS FOR, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF, RESULTING FROM, OR IN CONNECTION WITH ANY (I) USE OF THE WEBSITE, CONTENT AND/OR RESERVATION SYSTEM, (II) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, CONTENT, AND/OR THE RESERVATION SYSTEM (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF Our OR Our PROVIDERS' SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, CONTENT, AND/OR THE RESERVATION SYSTEM AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH Our WEBSITE OR THE RESERVATION SYSTEM BY ANY THIRD PARTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE CONTENT, AND/OR THE RESERVATION SYSTEM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AND ACCESSING THE WEBSITE. THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE WEBSITE, CONTENT, AND ACCESS TO THE RESERVATION SYSTEM WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATION AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDY SPECIFIED HEREIN WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED THEIR ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES AND/OR THE EXCLUSION OF CERTAIN REMEDIES, IN SUCH JURISDICTIONS, YOU AGREE THAT THE LIABILITY OF SUCH COMPANY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH JURISDICTION.

TRADEMARKS

Delacruzparking.com is common law trade name, trademarks or service marks of Enterprise Holdings, Inc. All other products, company names or other trademarks or service marks appearing on the Website are the property of their respective owners. Nothing contained in the Website, these Terms of Use or Our Privacy Policy shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any mark displayed on the Website without Our prior written permission and/or the prior written permission of the respective owners.

INDEMNITY

You hereby agree to defend, indemnify and hold harmless Enterprise Holdings, Inc. and their and our respective owners, parents, subsidiaries, and/or affiliates, and Our and their respective officers, directors, employees, agents, successors and assigns, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from (a) any claim, damage, obligation, loss or liability related to or arising from your use of and access to the Website; and/or (b) your violation of any term of these Terms of Use. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

WAIVER

You understand that when using the Website and/or the Reservation System, you will be exposed to information from a variety of sources, and that We are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such information, and you hereby waive to the fullest extent allowed by law regarding all matters related to your use of the Website or Reservation System, any legal or equitable rights or remedies you have or may have against us with respect thereto.

ABILITY TO ACCEPT TERMS OF USE

You affirm that you are either more than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use.

ASSIGNMENT

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Us without restriction.

TERMINATION

We may terminate your access to the Website and/or the Reservation System at any time. Upon termination, you agree to cease all use of the Website and/or the Reservation System. Without limiting the foregoing, We shall have the right to terminate your account and your access to the Website and/or the Reservation System in the event of any conduct by you which We, in Our sole discretion, consider to be unacceptable, or in the event of any breach by you of these Terms of Use. Any provision of these Terms of Use that by its nature is intended to survive shall survive such termination and continue in full force and effect.

REVISION

From time to time, We may revise these Terms of Use. To help you stay current of any changes, We do the following two things: first, We note the date these Terms of Use were last updated below, so you know if it has changed since your last visit; second, when We make a change to these Terms of Use, We post conspicuous announcement of such changes on the homepage of this website for 30 days following the date these Terms of Use was updated. Your use of this website following the posting of any revised Privacy Policy shall be deemed acceptance of the revised policy, so We strongly recommend that you check back periodically to review these Terms of Use. If you disagree with the terms of any Terms of Use at any time, your sole remedy is to terminate your use of the Website and inform us of such termination as described in these Terms of Use. Continued use of the Website constitutes your agreement to any terms of Use as in effect.

JURISDICTION & VENUE

By using this Website, you (a) agree and acknowledge that this Website is located in and provided from the State of Missouri, and (b) you consent to the application of the laws of the State of Missouri with respect to any dispute arising from or related to these Terms of Use and/or your use of the Website, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the State of Missouri, and (iii) the exclusive jurisdiction of the courts of the State of Missouri. Any claim or dispute between you and us that arises in whole or in part from your use of Our Website or in connection with these Terms of Use shall be decided exclusively by a court of competent jurisdiction located in Missouri, U.S.A. Each party hereby agrees that such court shall have in personam jurisdiction and venue with respect to such party, and each party hereby submits to the in personam jurisdiction and venue of such courts and waives any objection based on inconvenient forum.

CONTACT INFORMATION

If you have any questions or comments with respect to these Terms of Use, your rights hereunder, or your opt-in or opt-out choices, please contact us at Enterprise, 600 Corporate Park Drive, St. Louis, MO 63105.

TERMS OF USE EFFECTIVE DATE: MARCH 12, 2010