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Terms
of Use
effective
datE:
JULY 17, 2009
Acceptance
This site is owned and operated by
National Car Rental. Please read
the following carefully, as these terms of use (“Terms
of Use”) constitute a binding, legally enforceable agreement between
you and Specialtyrentals.com (“We”
or “Us”).
By visiting the website located at www.specialtyrentals.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.specialtyrentals.com/terms.aspx
which is incorporated herein by reference. Please
note that any information submitted in this site will be shared with National
Car Rental and may be subject to National Car Rental’s privacy policy which can
be found at http://www.nationalcar.com/.
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 or from
National Car Rental. 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.specialtyrentals.com/privacy.aspx,
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.specialtyrentals.com/privacy.aspx, as such may be amended from time
to time.
Reservation
System
You may use the Website to reserve car
rentals from National Car Rental (the “Reservation
System”). However, you acknowledge and agree that all reservations and
transactions made through the Reservations System are subject to acceptance by
National, which may be declined or modified in such Provider’s sole discretion.
Without limitation, National 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.
Digital Millennium
Copyright Act
We adhere to the following notice and
take down policy, in full compliance with Section 512(c)(3) of the DMCA (17
U.S.C. § 512 et seq.). We may remove
any materials posted on the site upon receipt of notification alleging that
such material infringes on the intellectual property rights of another
(hereafter a “DMCA Takedown Notice”).
To be valid, a DMCA Takedown Notice must (a) be provided to Our
designated agent, (“Copyright Agent”),
and (b) must include the following:
:
·
A physical
or electronic signature of a person authorized to act on behalf of the owner of
an
exclusive
right that is allegedly infringed;
·
Identification
of the work claimed to have been infringed, or, if multiple copyrighted works
at a
single
online site are covered by a single notification, a representative list of such
works at that
site;
·
Identification
of the material that is claimed to be infringing or to be the subject of
infringing
activity
and that is to be removed or access to which is to be disabled and information
reasonably
sufficient
to permit the service provider to locate the material;
·
Information
reasonably sufficient to permit the service provider to contact you, such as an
address,
telephone number, and, if available, an electronic mail;
·
A
statement that you have a good faith belief that use of the material in the
manner
complained
of is not authorized by the
copyright owner, its agent, or the law; and
·
A
statement that the information in the notification is accurate, and under
penalty or perjury,
that
you are authorized to act on behalf of the owner of an exclusive right that is
allegedly
infringed.
Our Copyright Agent to receive DMCA Takedown Notices
is: Specialty
Rentals,
150 Valencia Street
,
San Francisco
,
CA
94103
; telephone:
800.400.8412 or 415.701.1900.
For clarity, only DMCA notices should go to the Copyright
Agent; any other feedback, comments, requests for technical support, and other
communications should be directed to SpecialtyRentals.com customer service
through assistance@specialtyrentals.com.
You acknowledge that in order for Us to takedown any materials, your DMCA
Takedown Notice must comply with all of the requirements set forth above.
Upon receipt of a valid DMCA Takedown Notice, We may (i) remove the
allegedly infringing materials, or disable access thereto, and (ii) take
reasonable steps to contact the provider of such allegedly infringing
materials. Upon receipt of a conforming response to your DMCA takedown Notice,
We may replace the removed materials within 10 business days unless you provide
a court order to restrain Us from doing so.
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 WE OR NATIONAL CAR
RENTAL, 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
National, National Car rental,
and Emerald Club
are registered and/or common law trade names, trademarks or service marks of
partners National Car Rental System, 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 us, National Rental Car 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, or
of sufficient legal age to rent a car, as applicable,
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 assistance@specialtyrentals.com
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