Terms and Conditions

Terms and Conditions

95 Parking LLC, dba Delta Truck Parking

By access­ing and using the 95 Park­ing LLC dba Delta Truck Park­ing web sites located at otaymesaparking.com, deltatruckparking.com, aeropuertodetijuana.com.mx and otaymesaborderparking.com (the “Web Sites”) or oth­er­wise avail­ing your­self of the ser­vices, prod­ucts, and infor­ma­tion offered by 95 Park­ing LLC dba Delta Truck Park­ing Ser­vice LLC. (“95 Park­ing LLC dba Delta Truck Park­ing”, “we” or “our”) through the Web Sites, includ­ing join­ing the 95 Park­ing LLC dba Delta Truck Park­ing email mar­ket­ing cam­paigns, mak­ing reser­va­tions and facil­i­tat­ing the pay­ment for your park­ing, you agree to be bound by the Terms and Con­di­tions (here­inafter “Terms and Con­di­tions” or “Agree­ment”) in effect at the time of each such access, pur­chase, or other use.

You also acknowl­edge that we may, from time to time, in its sole dis­cre­tion and with­out noti­fi­ca­tion to you, change these Terms and Con­di­tions. You should review the Terms and Con­di­tions each time you visit or use the Web Sites. If you do not agree to these Terms and Con­di­tions, do not use the Web Sites

 Overview

95 Park­ing LLC dba Delta Truck Park­ing pro­vides vis­i­tors to our Web Sites with on-line access to infor­ma­tion regard­ing our prod­ucts and ser­vices, includ­ing, with­out lim­i­ta­tion, the book­ing of advance reser­va­tions for park­ing space (the “Services”).

 

License and Access to the Web Sites

95 Park­ing LLC dba Delta Truck Park­ing grants you a lim­ited, non-transferable, non-exclusive license to access and use for non-commercial pur­poses the Web Sites. You may only use the Web Sites to make legit­i­mate reser­va­tions, join the email list and/or learn about our prod­ucts and ser­vices and shall not use the Web Sites for any other pur­poses, includ­ing with­out lim­i­ta­tion, to make any spec­u­la­tive, false or fraud­u­lent reser­va­tion or any reser­va­tion in antic­i­pa­tion of demand. This license does not include any resale or com­mer­cial use of the Web Sites or their con­tents; any deriv­a­tive use of the Web Sites or its con­tents; or any use of data min­ing, robots, or sim­i­lar data gath­er­ing and extrac­tion tools. You may not frame or uti­lize fram­ing tech­niques to enclose any trade­mark, logo, or other pro­pri­etary infor­ma­tion (includ­ing images, text, page lay­out, or form) of 95 Park­ing LLC dba Delta Truck Park­ing and our affil­i­ates with­out our prior express writ­ten consent.

We make no guar­an­tees regard­ing the avail­abil­ity of the Web Sites or the Ser­vices, ref­er­enced in the Web Sites. Fur­ther­more, we reserve the right, within our sole dis­cre­tion, to dis­con­tinue the Web Sites or Ser­vices and/or mod­ify the con­tents of the Web Sites or the terms of the Ser­vices as we see fit, includ­ing but not lim­ited to the pric­ing, air­port park­ing facil­i­ties (when avail­able), and other infor­ma­tion and/or func­tion­al­ity. You agree that we will not be liable to you for any such dis­con­tin­u­ance or mod­i­fi­ca­tion of the Web Sites or the Ser­vices. Any rights not expressly granted by these Terms and Con­di­tions are reserved by 95 Park­ing LLC dba Delta Truck Parking.

 

Restric­tions on Your Use

All con­tent within the Web Sites and any mate­ri­als made avail­able on these pages for down­load­ing are the prop­erty of 95 Park­ing LLC dba Delta Truck Park­ing and/or its affil­i­ates or other third par­ties. The Web Sites and por­tions of the Web Sites are pro­tected by copy­right and trade­mark laws. This Agree­ment does not grant any license to mod­ify or alter the mate­ri­als on the Web Sites that are viewed, down­loaded or oth­er­wise accessed by you. You shall keep intact all pro­pri­etary notices, includ­ing copy­right notices, con­tained on any down­load­able mate­ri­als. You may not input or upload to the Web Sites any infor­ma­tion which con­tains any viruses, Tro­jan horses, worms, spi­ders, time bombs, can­cel­bots or other com­puter pro­gram­ming rou­tines that are intended to dam­age, detri­men­tally inter­fere with, sur­rep­ti­tiously inter­cept or expro­pri­ate any sys­tem, the Web Sites or their con­tents or that infringes the intel­lec­tual prop­erty rights of any other party. You may not use any device, soft­ware or rou­tine to inter­fere or attempt to inter­fere with the proper work­ing of the Web Sites. You may not take any action, which imposes an unrea­son­able or dis­pro­por­tion­ately large load on the sys­tem pro­vid­ing the Web Sites. You shall be solely liable for any dam­ages result­ing from any infringe­ment of copy­right, trade­mark, or other pro­pri­etary right, or any and all harm result­ing from your use of the Web Sites.

 

Age and Account Responsibility

You rep­re­sent that you are of suf­fi­cient legal age to use the Web Sites and to cre­ate bind­ing legal oblig­a­tions for any lia­bil­ity you may incur as a result of the use of the Web Sites. You under­stand that you are finan­cially respon­si­ble for all uses of the Web Sites by you and those using your login information.

If you use the Web Sites, you are respon­si­ble for main­tain­ing the con­fi­den­tial­ity of your account infor­ma­tion and your pass­word. You agree to accept respon­si­bil­ity for all activ­i­ties that occur under your account or pass­word, if web­site signup is available.

 

Dis­clo­sure of Con­tent Monitoring

Although we have no oblig­a­tion to mon­i­tor any infor­ma­tion pro­vided to the Web Sites by its users, includ­ing with­out lim­i­ta­tion, your per­sonal infor­ma­tion, we reserve the right to mon­i­tor, retain, and dis­close such infor­ma­tion if required to do so by law or in a good faith belief that such dis­clo­sure is rea­son­ably nec­es­sary to com­ply with legal require­ments, to respond to claims that any infor­ma­tion vio­lates the rights of third par­ties, or to pro­tect the rights, prop­erty or per­sonal safety of 95 Park­ing LLC dba Delta Truck Park­ing, its users or the public.

 

Intel­lec­tual Prop­erty Ownership

Any and all intel­lec­tual prop­erty rights asso­ci­ated with the Web Sites, includ­ing, with­out lim­i­ta­tion, any inven­tive con­cepts, know-how, pub­lic­ity rights, trade­marks, trade-dress, trade secrets, copy­rights and patents (“Intel­lec­tual Prop­erty”) are the sole prop­erty of 95 Park­ing LLC dba Delta Truck Park­ing, or third par­ties. Except as oth­er­wise expressly autho­rized by this Agree­ment, you may not copy, repro­duce, mod­ify, lease, loan, sell, cre­ate deriv­a­tive works from, upload, trans­mit, or dis­trib­ute the Intel­lec­tual Prop­erty of the Web Sites in any way with­out 95 Park­ing LLC dba Delta Truck Park­ing or the appro­pri­ate third party’s prior writ­ten per­mis­sion. Except as pro­vided herein, 95 Park­ing LLC dba Delta Truck Park­ing does not grant to you any express or implied rights to 95 Park­ing LLC dba Delta Truck Parking’s or any third party’s Intel­lec­tual Prop­erty. Any rights asso­ci­ated with the con­tent of the Web Sites, which is trans­mit­ted, down­loaded, or oth­er­wise processed by 95 Park­ing LLC dba Delta Truck Park­ing, shall be retained by the owner of the con­tent, if any, and may be pro­tected by applic­a­ble copy­right, trade­mark, or other laws.

 

Pri­vacy Statement

Your per­sonal infor­ma­tion and cer­tain other infor­ma­tion about you are sub­ject to our Pri­vacy Pol­icy. The 95 Park­ing LLC dba Delta Truck Park­ing Pri­vacy Pol­icy is incor­po­rated into the terms of this Agreement.

 

Ter­mi­na­tion

You agree that 95 Park­ing LLC dba Delta Truck Park­ing, in its sole dis­cre­tion, may ter­mi­nate your use of the Web Sites, and remove and dis­card any con­tent within the Web Sites, for any rea­son. You agree that any ter­mi­na­tion of your access to the Web Sites under any pro­vi­sion of this Agree­ment may be effected with­out prior notice. Fur­ther, you agree that 95 Park­ing LLC dba Delta Truck Park­ing shall not be liable to you or any third party for any ter­mi­na­tion of your access to the Web Sites.

 

Links

The Web Sites may pro­vide or include links to other World Wide Web sites or resources. Because 95 Park­ing LLC dba Delta Truck Park­ing has no con­trol over such sites and resources, you acknowl­edge and agree that 95 Park­ing LLC dba Delta Truck Park­ing is not respon­si­ble for the avail­abil­ity of such exter­nal site, or resources, and does not endorse and is not respon­si­ble or liable for any con­tent, adver­tis­ing, prod­ucts or other mate­ri­als on or avail­able from such sites or resources. You fur­ther acknowl­edge and agree that 95 Park­ing LLC dba Delta Truck Park­ing shall not be respon­si­ble or liable, directly or indi­rectly, for any dam­age or loss caused or alleged to be caused by or in con­nec­tion with use of or reliance on any such con­tent, goods, or sites avail­able on or through any such site or resource.

95 Park­ing LLC dba Delta Truck Park­ing pro­hibits caching of any por­tion of the Web Sites and any unau­tho­rized hyper­text links to the Web Sites. 95 Park­ing LLC dba Delta Truck Park­ing reserves the right to dis­able any unau­tho­rized links or frames. If you desire to pro­vide a hyper­link from your web site to the Web Sites, you must con­tact 95 Park­ing LLC dba Delta Truck Park­ing to dis­cuss mutu­ally agree­able terms for such hyperlink.

 

Exclu­sion of Warranty

95 Park­ing LLC dba Delta Truck Park­ing and any third party providers make no war­ranty of any kind regard­ing the web sites and/or any mate­ri­als pro­vided on the web sites, all of which are pro­vided on an “as is” “as avail­able” basis. 95 Park­ing LLC dba Delta Truck Park­ing and any third party providers do not war­rant the accu­racy, com­plete­ness, cur­rency or reli­a­bil­ity of any of the con­tent or data found on the web sites and such par­ties expressly dis­claim all war­ranties, includ­ing implied war­ranties of mer­chantabil­ity, fit­ness for a par­tic­u­lar pur­pose and non-infringement, and those aris­ing by statute or oth­er­wise in law or from a course of deal­ing or usage of trade. Nei­ther 95 Park­ing LLC dba Delta Truck Park­ing and any third party provider war­rant that the web sites, their servers or any e-mail sent from 95 Park­ing LLC dba Delta Truck Park­ing are free of viruses or other harm­ful com­po­nents. Some states do not allow the dis­claimer of implied war­ranties, so the fore­go­ing dis­claimer may not apply to you. This war­ranty gives you spe­cific rights which vary from state to state.

 

Lim­i­ta­tion of Liability

95 Park­ing LLC dba Delta Truck Park­ing assumes 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 web sites or your down­load­ing of any mate­ri­als, data, text, images, video or audio from the web sites. In no event shall 95 Park­ing LLC dba Delta Truck Park­ing and any third party providers be liable for any injury, loss, claim, dam­age, or any spe­cial, exem­plary, puni­tive, direct, indi­rect, inci­den­tal or con­se­quen­tial dam­ages of any kind (includ­ing, but not lim­ited to lost prof­its or lost sav­ings), whether based in con­tract, tort, strict lia­bil­ity, or oth­er­wise, which arises out of or is in any way con­nected with (i) any use of the web sites or con­tent found therein, (ii) any fail­ure or delay (includ­ing, but not lim­ited to the use of or inabil­ity to use any com­po­nent of the web sites for reser­va­tions), or (iii) the per­for­mance or non per­for­mance by 95 Park­ing LLC dba Delta Truck Park­ing and any third party providers, includ­ing, but not lim­ited to, non per­for­mance result­ing from bank­ruptcy, reor­ga­ni­za­tion, insol­vency, dis­so­lu­tion or liq­ui­da­tion even if such party has been advised of the pos­si­bil­ity of dam­ages to such par­ties or any other party.

If, notwith­stand­ing the fore­go­ing, 95 Park­ing LLC dba Delta Truck Park­ing or any third party provider should be found liable for any loss or dam­age which arises out of or is in any way con­nected with any of the above described func­tions or uses of the Web Sites or their con­tent, the lia­bil­ity of such party(ies) shall in no event exceed, in the aggre­gate, US $100.00. In its sole dis­cre­tion, in addi­tion to any other rights or reme­dies avail­able to us and with­out any lia­bil­ity what­so­ever, we, at any time and with­out notice, may ter­mi­nate or restrict your access to all of or any com­po­nent of the Web Sites. Some states do not allow lim­i­ta­tion of lia­bil­ity, so the fore­go­ing lim­i­ta­tion may not apply to you.

 

Indem­ni­fi­ca­tion

You shall defend and indem­nify 95 Park­ing LLC dba Delta Truck Park­ing Ser­vice LLC.  and any third party providers and their offi­cers, direc­tors, employ­ees and agents from and against any claim, cause of action or demand, includ­ing, with­out lim­i­ta­tion, rea­son­able legal and account­ing fees, brought by or on your behalf in excess of the lia­bil­ity described herein or by third par­ties as a result of your use of the Web Sites.

 

Gov­ern­ing Law

This Agree­ment and its per­for­mance shall be gov­erned by the laws of the state of Cal­i­for­nia, United States of Amer­ica, with­out regard to its con­flict of laws pro­vi­sions. You con­sent and sub­mit to the exclu­sive juris­dic­tion of the state and fed­eral courts located in San Diego County, Cal­i­for­nia, United States of Amer­ica, in all ques­tions and con­tro­ver­sies aris­ing out of your use of the Web Sites and this Agree­ment. To the extent allowed by applic­a­ble law, any claim or cause of action aris­ing from or relat­ing to your access or use of the Web Sites must be brought within two (2) years from the date on which such claim or action arose or accrued.

 

Attorney’s Fees

If 95 Park­ing LLC dba Delta Truck Park­ing or its affil­i­ates take any action to enforce this Agree­ment and these Terms and Con­di­tions, such par­ties will be enti­tled to recover from you, and you agree to pay, all rea­son­able and nec­es­sary attorney’s fees and any cost of lit­i­ga­tion, in addi­tion to any other relief, at law or in equity, to which such par­ties may be entitled.

 

Addi­tional Terms

Addi­tional terms and con­di­tions may apply to reser­va­tions, mem­ber­ship ben­e­fits in the 95 Park­ing LLC dba Delta Truck Park­ing email pro­gram and other uses of por­tions of the Web Sites, and you agree to abide by such other terms and conditions.

 

Com­plete Agreement

This Agree­ment con­sti­tutes the entire agree­ment between you and 95 Park­ing LLC dba Delta Truck Park­ing with respect to the sub­ject mat­ter hereof and super­sedes all pre­vi­ous agree­ments or rep­re­sen­ta­tions, writ­ten or oral, with respect to the sub­ject mat­ter hereof. The sec­tion titles in this Agree­ment are for con­ve­nience only and have no legal or con­trac­tual effect. The pro­vi­sions which by their nature should sur­vive ter­mi­na­tion of this Agree­ment shall so survive.

 

Addi­tional Terms and Con­di­tions for Reservations

In addi­tion to the Terms and Con­di­tions, the fol­low­ing Addi­tional Terms and Con­di­tions apply when mak­ing reser­va­tions for a park­ing space through 95 Park­ing LLC dba Delta Truck Parking:

1) You receive your con­fir­ma­tion two ways.

At the end of the book­ing process, a con­fir­ma­tion screen will dis­play show­ing your book­ing details, which you can then print. You will also receive an e-mail con­fir­ma­tion within 24 hours, which you can print.

You must bring your printed copy of your reser­va­tion to the park­ing facil­ity. First, it can be used to guar­an­tee your park­ing. Then, when you exit the facil­ity, the cashier may attach it to your ticket as proof of pay­ment. Your con­fir­ma­tion num­ber is not proof of pur­chase. With­out your proof of pur­chase (the printed copy of your reser­va­tion), you must pay the cashier the full amount when exit­ing the facility.

Facil­ity staff can­not access your online book­ing and can­not ver­ify your pur­chase with­out your printed reser­va­tion. If you do not bring the printed copy of your reser­va­tion, you will be charged the full amount of your stay at the then pre­vail­ing rates. If you can­not print your reser­va­tion or have lost your reser­va­tion, you can call our office at 619–690-7992 and one of our friendly rep­re­sen­ta­tives will be happy to find your book­ing and send you a copy.

 

2. Coupons.

When you make your reser­va­tion online, your rate is secured, and, there­fore, can­not be com­bined with a coupon, spe­cial offer or other pro­mo­tion when you exit the facility.

 

3. Mod­i­fy­ing or can­cel­ing your reser­va­tion.

You can mod­ify or can­cel your reser­va­tion up to a minute before the start time of your reser­va­tion. You will need to pro­vide your first and last name exactly as entered on your book­ing, your email address exactly as entered on your book­ing and your reser­va­tion Book­ing ID. Your book­ing id num­ber is located on both your Con­fir­ma­tion Voucher Page and your Pay­ment E-mail Con­fir­ma­tion. Mod­i­fi­ca­tions and can­cel­la­tions can be made up to 1-minute in advance. To mod­ify a reser­va­tion use our refund form. Can­cel­la­tions are only made online. All can­cel­la­tions are  not sub­ject to a can­cel­la­tion fee.  Reser­va­tions can­not be mod­i­fied or can­celled after the start sched­uled reser­va­tion time.

 

4. Extended and Unused Stays.

If your park­ing is extended beyond the orig­i­nal stay reserved, cash will be col­lected for the addi­tional unpaid stay. No refund will be issued for unused days. Mod­i­fi­ca­tions and can­cel­la­tions can be made up to 1-minute in advance. To mod­ify a reser­va­tion use our refund form. Can­cel­la­tions or mod­i­fi­ca­tions are not made over the phone. All can­cel­la­tions are not sub­ject to a can­cel­la­tion fee. Reser­va­tions can­not be mod­i­fied or can­celled after the sched­uled reser­va­tion time. (See Sec­tion 3 above).

 

5. Credit Card Billing.

Your credit card is charged in full at the time that you make your pur­chase from 95 Park­ing LLC dba Delta Truck Park­ing. If your park­ing is extended beyond the orig­i­nal stay reserved, the credit card used at the time of book­ing may be charged or cash may be col­lected for the addi­tional unpaid stay.

 

6. Refunds.

If you do not bring your printed reser­va­tion to the facil­ity as proof of pay­ment, you will be asked to pay for park­ing prior to exit­ing the facil­ity. You may obtain a refund from us by using our refund form. You will be issued a refund within seven busi­ness days.

 

These Terms of Use were last revised on and are effec­tive as of June 22, 2014.