Terms and Conditions
Terms and Conditions Elite Airport Parking, LLC
About this Site
This site is owned and operated by Elite Airport Parking, LLC, a Georgia limited liability company. All references to “Elite,” “we,” or “our” include Elite Airport Parking, LLC, its parent, affiliates, and subsidiaries, if any.
We may from time to time add new features to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Under no circumstances will Elite be liable for any suspension or discontinuation of any of the Services or portion thereof, and the use of new services will be governed by this Agreement.
Some Services may have additional terms (including, without limitation, policies, guidelines, and rules) that will further govern your use of that particular Service, and supplement this Agreement. If you choose to register for, access or use any such Services, you may be presented with such additional terms. By using those Services, you agree to comply with any such additional terms, which are incorporated by reference into this Agreement.
Your Personal Information
When you create an Elite account, you will provide an email address and create a password (collectively, “Credentials”). You should keep your Credentials private and not share your Credentials with anyone else. You must immediately notify us if your password has been stolen or compromised by sending an email to firstname.lastname@example.org.
Your Responsibilities Generally
You are responsible for all use of the Services and for all use of your Credentials, including use by others to whom you have given your Credentials. You may only use the Site and the Services for lawful, non-commercial purposes. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. In addition to our rights in this Agreement, we may take any legal action and implement any technological measures to prevent violations of the restrictions hereunder and to Agreement.
Ownership of Content
We claim copyright protection on everything you see on the Site. You may not download, reproduce, distribute, republish or retransmit any material on this Site without our prior written consent. You may download information on the Site for personal and noncommercial home use only, provided the downloaded material includes all copyright and trademark notices. You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of the Site for public or commercial purposes without our prior written consent, including “framing” of any part of the Site, or tampering with our software or the functionality of this Site, to reverse engineer or to circumvent the navigation of the Site. You also may not use any robot, spider, or other automatic device or manual process to monitor the Site without our prior written consent. We neither warrant nor represent that your use of materials displayed on the Site will not infringe the rights of third parties not owned or affiliated with Elite. All requests for our written consent should be directed in writing to: Elite Airport Parking, LLC, 1870 The Exchange, Suite 100 #44, Atlanta, GA, 30339.
Site Information and Intellectual Property
While we use reasonable efforts to include accurate and up to date information on the Site, we make no warranties or representations as to its accuracy. We assume no liability or responsibility for any errors or omissions in the content of the Site. The trademarks, service marks, logos, tag lines and images (the “Marks”) displayed on the Site are the unregistered and registered service marks of Elite or are the property of or used by Elite or its affiliates with the permission of the owner. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Marks displayed on the Site without our prior written consent. Your unauthorized use of the Marks or any other content on the Site is strictly prohibited. We will aggressively enforce intellectual property rights to the fullest extent of the law.
Limitation of Liability
Your use of the Site is at your own risk. WHILE WE’RE ALWAYS IMPROVING, AND WE HOPE YOU HAVE AN EXCELLENT EXPERIENCE WITH ELITE, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR ACCOUNT. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR THE SITE, REGARDLESS OF THE FORM OF ACTION BE GREATER THAN THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID FOR THE SERVICES. IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE AND/OR THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL OR PERSONAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED IN ACCORDANCE HEREIN TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. We also assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to use of, or browsing in the Site or your downloading any materials, data, text, images, video, or audio from the Site. We are not responsible for breaches or lapses in online security and do not assume liability for improper use of any of your personal information obtained by a third party as a result of this breach or lapse.
Elite allows customers to cancel their reservation and obtain a refund if such refund is requested within 24 hours of purchase. All eligible refunds are provided according to your original form of payment. Eligible refunds will be processed to the original debit/credit card within 7-10 business days from the date we receive your request. Your card-issuing bank may then take up to ten business days to post the credit to your account. Based on your individual billing cycle, you will see the refund on your statement within one to two statement mailings. You may request a refund, or an exception to this refund policy, by calling us directly at (470) 575-5444 or emailing us at email@example.com
Third Party Sites
We do not review nor are we responsible for any linked sites not under our control. These links are included as a convenience, and except for contractual relationships with our apparent marketing partners, the inclusions of any links does not imply endorsement by Elite of the linked site.
Your Use of the Site
Although we may from time to time monitor or review discussions, charts, postings, transmissions, bulletin boards, and the like on the Site, we are under no obligation to do so and assume no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. We have the right to remove any posting that we believe, in our sole discretion, violates this Agreement. We will fully cooperate with any law enforcement authorities or court order requesting or directing Elite to disclose the identity of anyone posting such information or materials.
We want your experience with Elite to be exceptional. While we work hard to make that happen, you acknowledge that we have no control over, and no duty to take any action regarding: (a) which users gain access to the Site and/or the Services, (b) what Content you access, (c) what effects the Content may have on you, (d) how you may interpret or use the Content, or (e) what actions you may take as a result of having been exposed to the Content. You release us from all liability for you having acquired, you having not acquired, or your use of Content. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Site and/or the Services. We have no special relationship with or fiduciary duty to you.
We reserve the right, if we determine it is best, to terminate, suspend and/or deactivate your account immediately, without notice, if there has been a violation of this Agreement or other policies and terms posted on the Site or through the Services by you or by someone using your Credentials. We may also terminate, suspend or deactivate your account for any other reason, including inactivity for an extended period. Elite shall not be liable to you or any third party for any termination, suspension or deactivation of your access to the Site and/or the Services. Further, you agree not to attempt to use the Site and/or the Services after any such termination, suspension or deactivation (provided, in the case of deactivation due exclusively to your inactivity, you may be permitted to create another account).
Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, attorneys, parent and other affiliates, from all liabilities, claims, demands and expenses, including attorney’s fees, that arise from or are related to (a) your use of the Site and/or Services, or (b) the violation of this Agreement, or of any intellectual property or other right of any person or entity, by you.
Updates to this Agreement
We may at any time revise this Agreement by updating this posting and may also make changes to the content or any links at any time. You are bound by any such revisions and should therefore periodically visit this page to review the then current terms of this Agreement.
Limitation of Claim
No action arising under or in connection with this Agreement, regardless of the form, may be brought by you more than one (1) year after the cause of action arose; actions brought thereafter are forever barred.
Choice of Law; Arbitration Clause and Class Action Waiver
We hope that we can work out any disagreements you might have with Elite. But if there is a dispute that needs to be further resolved, that process will take place according to this section. This Agreement shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of Georgia as applied to contracts made and to be performed entirely within Georgia, without giving effect to the state’s conflicts of law statute. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING, WITHOUT LIMITATION, DISPUTES RELATED TO THIS AGREEMENT, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this Agreement to arbitrate. YOU ARE WAIVING THE ABILITY TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Agreement.
We may assign this Agreement at any time, including, without limitation, to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign, transfer or sublicense this Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.
You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to create an account with us or use the Site and the Services. If you are between the ages of 13 and 18 or the applicable legal age in your jurisdiction, you can use the Site or Services only under the supervision of your parent or guardian who has agreed to this Agreement. Those under the age of 13 may not use the Site or Services. Parents or legal guardians of a child under the age of 18 may use the Site or Services on behalf of such minor child. By using the Site or Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child, and that all references in this Agreement to “you” shall refer to such child or such other individual on whose behalf you have authorization to enter into this Agreement and you in your capacity as the parent or legal guardian of such child or as the authorized party of such individual.
If you do not qualify under this Agreement, do not use the Site or Services. Use of the Services is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement.
Updated: March 29, 2018