Some rules to use the website For Suppliers.
Rules 1
Rules 2
AGREEMENT BETWEEN CUSTOMER AND EXOTICCARRENTAL LLC
Welcome to the ExoticCarRental.com LLC website (the "Website"). This Website is provided solely to assist customers in gathering car rental information, determining the potential availability of car rentals and related goods and services, and making legitimate reservations or otherwise transacting business with car rental suppliers and suppliers of related goods and services and for no other purposes. The terms "we", "us", "our" and "ExoticCarRental.com" refer to ExoticCarRentals LLC, a Florida limited liability company. The term "you" refers to the customer visiting the Website and/or booking a reservation with the applicable supplier through this Website or through our customer service agents.We understand that booking online involves significant trust on your part. We value your trust, and make it a high priority to ensure the security and confidentiality of the personal information you provide to us. Please read the following policy to learn about our privacy practices. By visiting this website, you are accepting the practices described herein.
What information we collect from you
We receive and store any information you enter on our website or give us in any other way. This includes information that can identify you ("personal information"), including your first and last name, telephone number, postal and email addresses, fax number, and billing information (such as credit card number, cardholder name, and expiration date). You can choose not to provide information to us, but in general some information about you is required in order for you to register as a member; book travel; complete a traveler profile; participate in a survey, contest, or sweepstakes; ask us a question; or initiate other transactions on our site.
Travel Companion Information
When you make a reservation for someone else through this website, we will request personal information and travel preferences about that individual. You should obtain the consent of other individuals prior to providing us with their personal information and travel preferences, as any access to view or change their information will be available only through your account.
Information from Other Sources
We also may periodically obtain both personal and non-personal information about you from affiliated entities, business partners and other independent third-party sources and add it to our account information. Examples of information we may receive include: updated delivery and address information, purchase history, and demographic information.
Automatic Information
We automatically collect some information about your computer when you visit this website. For example, we will collect your IP address, Web browser software (such as Firefox, Safari, or Internet Explorer), and referring website. We also may collect information about your online activity, such as trips viewed and bookings made. Our goals in collecting this automatic information include helping customize your user experience and inhibiting fraud.
How we use your information
We use sensitive billing information (such as cardholder name, credit card number, and expiration date) for the purpose of completing the travel bookings you conduct on our site. We use other information about you for the following general purposes: to provide you with the products and services you request; to provide you with travel confirmation and updates; to manage your account, including processing bills and providing travel notifications; to communicate with you in general; to respond to your questions and comments; to measure interest in and improve our products, services, and website; to notify you about special offers and products or services that may be of interest to you; to otherwise customize your experience with this website; to reward you as part of any reward and recognition program you choose to join; to solicit information from you, including through surveys; to resolve disputes, collect fees, or troubleshoot problems; to prevent potentially prohibited or illegal activities; to enforce our Terms of Use; and as otherwise described to you at the point of collection. We often receive testimonials and comments from customers who have had positive booking and/or travel experiences on our website. We occasionally publish such content, using first name plus last initial, only, for attribution.
E-mail Communications
We want to make it easy for you to take advantage of travel-related opportunities on our website. One way we do this is by sending you email messages that contain information about your apparent travel-related interests. For example, if you search for a car in New York on our website and have saved your itinerary or otherwise not yet booked your travel, we may send you an email message reminding you about your saved travel itinerary or about a special travel deal in New York. Similarly, if you receive an email from us about New York travel and demonstrate an interest in New York car deals by affirmatively clicking on a link about New York car rentals in the email, you may receive an email about New York car rental offers. We believe these email messages will provide you with useful information about travel-related special offers available through our site. Please note that you will have the opportunity to choose not to receive these email messages in any such email we send.
With whom we share your information
This website may share your information with the following entities:
Suppliers such as hotel, airline, car rental, and activity providers, who fulfill your travel reservations. Throughout this site, all services provided by a third-party supplier are described as such. We do not place limitations on our suppliers' use or disclosure of your personal information. Therefore, we encourage you to review the privacy policies of any travel supplier whose products you purchase through this site. Please note that these suppliers also may contact you as necessary to obtain additional information about you, facilitate your travel reservation, or respond to a review you may submit.
Third-party vendors who provide services or functions on our behalf, including credit card processing, business analytics, customer service, marketing, distribution of surveys or sweepstakes programs, and fraud prevention. We may also authorize third-party vendors to collect information on our behalf, including as necessary to operate features of our website or to facilitate the delivery of online advertising tailored to your interests. Third-party vendors have access to and may collect information only as needed to perform their functions and are not permitted to share or use the information for any other purpose.
Business partners with whom we may jointly offer products or services, or whose products or services may be offered on our website. You can tell when a third party is involved in a product or service you have requested because their name will appear, either alone or with ours. If you choose to access these optional services, we may share information about you, including your personal information, with those partners. Please note that we do not control the privacy practices of these third-party business partners.
Referring Websites
If you were referred to this website from another site (for example, through a link you clicked on another site that directed you to this one), we may share some information about you with that referring website. We have not placed limitations on the referring websites' use of your personal information and we encourage you to review the privacy policies of any website that referred you here.
Companies within our corporate family. We may share your personal information with our parent company and corporate affiliates, , as well as international corporate affiliates.. This sharing enables us to provide you with information about products and services, both travel-related and other, which might interest you. To the extent that our parent company and corporate affiliates have access to your information, they will follow practices that are at least as restrictive as the practices described in this Privacy Policy. They also will comply with applicable laws governing the transmission of promotional communications and, at a minimum, give you an opportunity in any commercial email they send to choose not to receive such email messages in the future.
We also may share your information:
•In response to subpoenas, court orders, or other legal process; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases we reserve the right to raise or waive any legal objection or right available to us.
•When we believe it is appropriate to investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, property, or safety of our company or this website, our customers, or others; and in connection with our Terms of Service and other agreements.
•In connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
Other than as set out above, you will be notified when personal information about you will be shared with third parties, and you will have an opportunity to choose not to have us share such information. We also may share aggregate or anonymous information with third parties, including advertisers and investors. For example, we may tell our advertisers the number of visitors our website receives or the most popular vacation destinations. This information does not contain any personal information and is used to develop content and services we hope you will find of interest.
How you can access your informatioExoticCarRental.com registered users can access and update their contact information, subscription and other preferences by visiting the ExoticCarRental.com You can close your account by contacting us at the email address listed below. Please note that after you close an account, you will not be able to sign in or access any of your personal information. However, you can open a new account at any time. Please also note that we may retain certain information associated with your account, including for analytical purposes as well as for record keeping integrity.
Your choices with respect to collection and use of your information
As discussed above, you can choose not to provide us with any information, although it may be needed to make travel bookings or to take advantage of certain features offered on our site.
•You can add or update information and close your account as described above.
•When you register as a member on our site, you will be given a choice as to whether you want to receive email messages from us about special offers. Whether registered as a member or not, you also will be given the opportunity to unsubscribe from commercial messages in any such email we send. Please note that we reserve the right to send you other communications, including service announcements, administrative messages, and surveys relating either to your account or to your transactions on this site, without offering you the opportunity to opt out of receiving them.
•The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Please note that if you refuse to accept cookies from our site, you will not be able to access portions of this site.
Cookies and other technologies
Cookies are small data text files and can be stored on your computer's hard drive (if your Web browser permits). This website use cookies for the following general purposes:
•To help us recognize your browser as a previous visitor and save and remember any preferences that may have been set while your browser was visiting this site. For example, if you register on this site, we may use cookies to remember your registration information. Please note that member IDs, passwords, and any other account-related data included in such cookies are encrypted for security purposes. Unless you register with us, these cookies will not contain any personal information.
•To help us customize the content and advertisements provided to you on this website and on other sites across the Internet. For example, when you access a page on our website, a cookie is automatically set by us, our service providers, or our partners to recognize your browser as you navigate on the Internet and to present you with information and advertising based on your apparent interests.
•To help measure and research the effectiveness of website features and offerings, advertisements, and email communications (by determining which emails you open and act upon).
The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Please note that if you refuse to accept cookies, you may not be able to access many of the travel tools offered on our site. In addition to the above cookies, we use Local Shared Objects, also referred to as "flash cookies," on our website. These are used to enhance your user experience, for example, by storing your user preferences and settings, such as your volume/mute settings, and in connection with animated content on our website. Local Shared Objects are similar to browser cookies, but can store data more complex than simple text. By themselves, they cannot do anything to or with the data on your computer. Like other cookies, they can only access personally identifiable information that you have provided on this site, and cannot be accessed by other websites. This site may also use Web beacons (also known as clear gifs, pixel tags or Web bugs), which are tiny graphics with a unique identifier, similar in function to cookies, that are placed in the code of a Web page. We use Web beacons to monitor the traffic patterns of users from one page within our site to another, to deliver or communicate with cookies, to understand whether you have come to this site from an online advertisement displayed on a third-party website, and to improve site performance. We also may allow our service providers to use Web beacons to help us understand which emails have been opened by recipients and to track the visitor traffic and actions on this site. This helps us measure the effectiveness of our content and other offerings. If you have any questions about our use of cookies or other technologies, please email us using our customer care.
Data collected by this website to serve you with relevant advertising
We are committed to providing you with relevant content and information. To do this, we may collect, through cookies and other technologies information about your travel-related searches, such as whether you are looking for rental cars, and use this information to serve you with ads, on our website or elsewhere online, that match your apparent interests. So, for example, if you search for a car rental in Florida on our site, you may see an ad for a Florida travel package on our site or on another website you visit.
Data collected by business partners and ad networks to serve you with relevant advertising
The advertisements you see on this website are served by us or by our service providers. But we also allow third parties to collect information about your online activities through cookies and other technologies. These third parties include (1) business partners, who collect information when you view or interact with one of their advertisements on our site, and (2) advertising networks, who collect information about your interests when you view or interact with one of the advertisements they place on many different websites on the Internet. The information gathered by these third parties is used to make predictions about your characteristics, interests or preferences and to display advertisements on our site and across the Internet tailored to your apparent interests. We do not permit these third parties to collect personal information about you on our site, nor do we share with them any personal information about you. These third parties may use to collect information about your interests, and the information practices of these third parties are not covered by this Privacy Policy. These companies may offer you a way to opt out of ad targeting based on their cookies. You may find more information by clicking on the company names above and following the links to the websites of each company. Some of these companies are members of the Network Advertising Initiative, which offers a single location to opt out of ad targeting from member companies. To learn more, please click here.
Data collected by companies that operate cookie-based exchanges to serve you with relevant advertising
Like other companies operating online, ExoticCarRental.com participates in cookie-based exchanges where anonymous information is collected about your browsing behavior through cookies and other technologies and segmented into different topics of interest (such as travel). These topics of interest are then shared with third parties, including advertisers and ad networks, so they can tailor advertisements to your apparent interests. We do not share personal information (such as your email address) with these companies and we do not permit these companies to collect any such information about you on our site. Please click here to learn more about cookie-based exchanges, including how to access information about the topics of interest associated with cookies on your computer and how to decline participation in these programs.
How we protect your information
We want you to feel confident about using this website to make travel arrangements, and we are committed to protecting the information we collect. While no website can guarantee security, we have implemented appropriate administrative, technical, and physical security procedures to help protect the personal information you provide to us. In addition, we use encryption when transmitting your sensitive personal information between your system and ours, and we employ firewalls and intrusion detection systems to help prevent unauthorized persons from gaining access to your information.
Children's privacy
This is a general audience website and does not offer services directed to children. Should a child whom we know to be under 13 send personal information to us, we will use that information only to respond directly to that child to inform him or her that we must have parental consent before receiving his or her personal information.
External links
If any part of this website links you to other sites, those sites do not operate under this Privacy Policy. We recommend you examine the privacy statements posted on those other websites to understand their procedures for collecting, using, and disclosing personal information.
Visiting our website from outside the United States
If you are visiting our website from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country, but please be assured that we take steps to ensure that your privacy is protected. By using our services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this Policy.
Changes to this Privacy Policy
We may update this Privacy Policy in the future. We will notify you about material changes to this Privacy Policy by sending a notice to the email address you provided to us or by placing an updated version on our website.
How you can contact us
If you have questions about either this Privacy Policy or your travel planning or purchases, please contact us at:
Email: support@ExoticCarRental.com
Last updated November 15, 2015
AGREEMENT BETWEEN CUSTOMER AND EXOTICCARRENTAL
Our Website ("Website") is provided solely to assist customers in gathering travel information, determining the availability of travel-related goods and services, making legitimate reservations or otherwise transacting business with travel suppliers, and for no other purposes. The terms "we," "us," "our", "ExoticCarRental", and "ExoticExoticCarRental.com", " refer to ExoticExoticCarRental.com,LLC a Florida Limited Liability Company and its subsidiaries and its affiliates. (collectively the "ExoticExoticCarRental.com Companies"). The term "you" refers to the customer visiting the Website and/or booking a reservation through us on this Website, or through our customer service agents.This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Terms of Use" or "Agreement"). Please read the Terms of Use carefully, as they contain important information about limitations of liability and resolution of disputes through arbitration rather than in court. You should also read our Privacy Policy, which also governs your use of the Website. By accessing or using this Website, booking any reservations for travel products or services on this Website, or contacting our call center agents, you agree that the Terms of Use then in force shall apply. If you do not agree to the Terms of Use, please do not use or book any reservations through this Website or our call center agents.
The Website is owned and operated by ExoticExoticCarRental.com.
USE OF THE WEBSITE
As a condition of your use of this Website, you warrant that (i) you are at least 18 years of age; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use this Website in accordance with these Terms of Use; (iv) you will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act (a "Third Party"); (v) you will inform any such Third Party about the Terms of Use that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto; (vi) all information supplied by you on this Website is true, accurate, current and complete, and (vii) if you have a ExoticCarRental.com account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Terms of Use.DISPUTES
ExoticCarRental.com is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in this section. You agree to give us an opportunity to resolve any disputes or claims relating in any way to the Website, any dealings with our customer service agents, any services or products provided, any representations made by us, or our Privacy Policy ("Claims") by contacting Customer Support at support@ExoticCarRental.com. If we are not able to resolve your Claims within 60 days, you may seek relief through arbitration or in small claims court, as set forth below.Any and all Claims will be resolved by binding arbitration, rather than in court, except you may assert Claims on an individual basis in small claims court if they qualify. This includes any Claims you assert against us, our subsidiaries, travel suppliers or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This also includes any Claims that arose before you accepted these Terms of Use, regardless of whether prior versions of the Terms of Use required arbitration. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorney’s fees and costs), and must follow and enforce these Terms of Use as a court would.
Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Rules. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879 FREE. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, except as provided in this section. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in location within the state of Florida unless another location in agreed upon by us in writing.
To begin an arbitration proceeding, you must email a letter requesting arbitration and describing your Claims to support@ExoticCarRental.com, and the title of the Email must read “Attention Legal: Arbitration Claim Request”. If we request arbitration against you, we will give you notice at the email address or street address you have provided. A party requesting arbitration must also provide a copy of the request to the AAA, at Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 or online at www.adr.org or at any AAA office.
Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to this Agreement. An arbitration decision may be confirmed by any court with competent jurisdiction.
PROHIBITED ACTIVITIES
The content and information on this Website (including, but not limited to, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your travel itinerary (and related documents) for travel products or services booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:1.use this Website or its contents for any commercial purpose;
2.make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
3.access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
4.violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
5.take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
6.deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
7."frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.
You may only use this Website to make legitimate requests to book the products or services offered (each, a "Request"), and shall not use this Website to make any speculative, false or fraudulent Requests, or any Requests in anticipation of demand.
It is a violation of law to place a Request in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.
If your booking or account shows signs of fraud, abuse or suspicious activity, ExoticCarRental.com may cancel any travel or service reservations associated with your name, email address or account, and close any associated ExoticCarRental.com accounts. If you have conducted any fraudulent activity, ExoticCarRental.com reserves the right to take any necessary legal action and you may be liable for monetary losses to ExoticCarRental.com, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact ExoticCarRental.com Customer Service.
Permission is granted to electronically copy and print in hard-copy portions of this Website for the sole purpose of using this Website as a shopping resource. Any other use of materials or Content on this Website, including reproduction for a purpose other than that noted above without ExoticCarRental's prior written consent is prohibited. In particular, you agree not to use, reproduce, modify, adapt, translate, copy, distribute, transmit, publish, license, create derivative works from, publicly display, perform, transfer, or sell or re-sell any information, Software, products, or services obtained from this Website except as so expressly permitted by ExoticCarRental.com.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Website are: Copyright©2015 ExoticCarRental.com, Inc. All rights reserved.ExoticCarRental.com, LLC is not responsible for content on websites operated by parties other than ExoticCarRental.com, LLC. The ExoticCarRental.com logos are either registered trademarks or trademarks of ExoticCarRental.com, LLC. in the U.S. and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners.If you are aware of an infringement of our brand, please let us know by e-mailing us at Legal@ExoticCarRental.com, Subject: Copyright ECR . Account Termination
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, ExoticCarRental.com has adopted a policy of terminating, in appropriate circumstances and at ExoticCarRental.com.s sole discretion, subscribers or account holders who are deemed to be repeat infringers. ExoticCarRental.com may also at its sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.
NOTICE OF INFRINGING MATERIAL
If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages.1. A clear identification of the copyrighted work you claim was infringed.
2. A clear identification of the material you claim is infringing on the Website, such as a link to the infringing material.
3. Your address, email address and telephone number.
4. A statement that you have a "good faith belief that the material claimed as copyright infringement is not authorized by the copyright owner, its agent or the law.
5. A statement that "the information on the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
6.A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
7. You may send us your notice by email to Legalt@ExoticCarRental.com, Title: Copyright Infringement.
COUNTERNOTICES
If material you have posted has been taken down, you may file a counter-notification by email that sets forth the items specified below. You may want to seek legal counsel prior to doing so. Please include the following details:1.Identification of the specific content that was removed or disabled and the location that content appeared on ExoticCarRental.com Website. Please provide the URL address if possible.
2.Your name, mailing address, telephone number and email address.
3.A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which our address is located, and that you will accept service of process from the party who reported your content, or that party’s agent.
4.The following statement: " I swear, under penalty of perjury, that I have a good faith belief that the content identified above was removed or disabled as a result of a mistake or misidentification."
Sign the paper. Send the written communication to the following email address: Legal@ExoticCarRental.com , Attn: IP/Trademark Legal Dept., DMCA Complaints.
CAR RENTAL COMPANY RULES & RESTRICTIONS
Additional terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. Please read these additional terms and conditions carefully. The Customer does not have an automatic right of cancellation unless such rights are provided for in the Car Rental Company Rules and Restrictions or Rental Conditions. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability, minimum age requirements, and use of rental cars and/or other products or services. You acknowledge that some suppliers offering rental cars and/or other products or services may require you to adhere to local policies as a prerequisite to using and/or participating in the service and/or activity they offer. You understand that any violation of any such supplier's rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the rental cars and/or other product or services, in your forfeiting any monies paid for such reservation(s), and/or in our billing you for any costs we incur as a result of such violation.REVIEWS, COMMENTS & OTHER SUBMISSIONS
We appreciate hearing from you. Please be aware that by submitting content to this Website by electronic mail, postings on this Website or otherwise, including any car rental reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant ExoticCarRental.com. and the affiliated, co-branded and/or linked website partners through whom we provide service (collectively, "ExoticCarRental.com Affiliates") and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that ExoticCarRental.com may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a car rental review that you submit) at our discretion, and that such submissions may be shared with our supplier partners. You further grant ExoticCarRental.com the right to pursue at law any person or entity that violates your or ExoticCarRental.com's rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Site If you do not agree to these terms and conditions, please do not provide us with any Submissions.Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas), and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future ExoticCarRental.com programs. You are fully responsible for the content of your Submissions (specifically including, but not limited to, reviews posted to this Site). You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that ExoticCarRental.com may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you. ExoticCarRental.com's policies with respect to claims by third parties that the content of the Website, including the content of any Submissions, infringes the copyrights owned by said third party can be found above in the Copyright Complaint Policy section of these Terms and Use.
Last Modified: November 23, 2015
EXOTICCARRENTAL.COM TERMS OF USE (AGREEMENT)
BY INDICATING YOUR AGREEMENT TO THESE TERMS OF USE OR OTHERWISE USING ANY PORTION OF THE SERVICES (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS OF USE, EFFECTIVE ON THE DATE THEREOF. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.
Table of Contents
1. SCOPE OF TERMS OF USE AND DEFINITIONS.
2. DESCRIPTION OF THE SERVICES.
3. AUTHORITY AND CAPACITY.
4. ENROLLMENT AND CANCELLATION.
5. PROFILE CREATION; PASSWORD SECURITY.
6. VIOLATIONS OF TERMS.
7. ACCOUNT INACTIVITY.
8. ADDITIONAL TERMS.
9. MODIFICATION OF TERMS OF USE.
10. AVAILABILITY, MODIFICATION & DISCONTINUATION.
11. ELECTRONIC COMMUNICATIONS AND PAPERLESS STATEMENTS.
12. FEES FOR SERVICES.
13. REPORTS.
14. DOWNLOADS/LICENSE.
15. DISCLAIMER OF WARRANTIES.
16. LIMITATION OF LIABILITY.
17. INDEMNIFICATION.
18. INTELLECTUAL PROPERTY.
19. LAWFUL USE OF SERVICES; RULES OF CONDUCT.
20. ACCESS TO PASSWORD PROTECTED; SECURE AREAS.
21. USE OF "COOKIE" FILE FEATURES.
22. FORCE MAJEURE.
23. GOVERNING LAW.
24. ASSIGNMENT.
25. WAIVER; CUMULATIVE RIGHTS.
26. SEVERABILITY.
27. ENTIRE AGREEMENT.
28. ALTERNATIVE DISPUTE RESOLUTION.
1. SCOPE OF TERMS OF USE AND DEFINITIONS.
These terms of use (hereinafter referred to as “Terms of Use” and/or “Agreement”), along with the terms set forth below in Section 8, govern you and your company’s use of and access to (i) the Exotic Car Rental LLC website located at the URL www.ExoticCarRental.com (the “Merchant Site”) and (ii) our Services (as defined below) available to you and other Merchants (as defined below) on or through the Merchant Site. Please review them carefully before using the Services.
As used in these Terms of Use, the words “you” and “your” refer to you, the Merchant (that is, the legal entity primarily responsible for the Merchant Account (as defined below) through which you are accessing the Merchant Site) and also include all individuals and authorized signers who apply to use or access the Services under your Merchant Account. The words “Exotic Car Rental”, “we”, “our” and “us” refer to Exotic Car Rental LLC.
The following capitalized terms used in these Terms of Use shall be defined as indicated:
“Customer” means an individual or entity (i) that has entered into an agreement to buy goods or services from the Merchant by means of Merchant site.
“Charge” means a payment or purchase made on a credit card or other authorized payment method by the Customer.
“Inquiry” means a request for information made by Exotic Car Rental.
“Merchant” means any seller of goods or services, non-profit, or government entity that enters into an agreement with Exotic Car Rental pursuant to which the seller agrees use the Merchant site to sell such goods and services and to permit any Customer to purchase said goods and services through the Merchant Site.
“Merchant Account” means the account created by Exotic Car Rental upon the Merchant entering into the Agreement.
2. DESCRIPTION OF THE SERVICES.
We will provide the Merchant with the ability to market your fleet of vehicles for rent through the Merchant Site. These services are provide through a web-based interface, and provide you with access to the following: (i) the ability to review and manage your Merchant Account information, including, but not limited to, review fleet inventory, post and remove vehicles for rent, management of pricing of services and discounts, management of rental reservations attained through the Merchant Site, designate specific cars as “featured”, review and update Merchant policies, updates to your banking account information, and other administrative functions pertaining to your Merchant Account ("Merchant Account Information") and (ii) access to merchant-specific reports (“Reports”), marketing enrollment programs, and other content, information, products and services (items (i) and (ii) are collectively the “Services). We reserve all rights not expressly granted to you herein.
You must have access to the Internet to use the Services, and you (and not Exotic Car Rental) are solely responsible for, without limitation, obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Services, and paying all charges related thereto. You are responsible for ensuring that your equipment is compatible with the Services. You must be logged in to the Merchant Site to have access to any Services. Some Services may be available for a limited time only and not all Services are available to all merchants.
3. AUTHORITY AND CAPACITY.
You represent, warrant and covenant that: (i) you are at least eighteen (18) years old;
(ii) you have the power, authority and capacity to agree to these Terms of Use; (iii) you have a legitimate business need to use the Services;
(iv) you are an authorized representative of the Merchant on behalf of which you are using the Services and all use of the Services by you is at the Merchant’s direction and with the Merchant’s knowledge;
(v) you have the authority from the Merchant to use all features and functions of the Services, including without limitation, reviewing and making changes to the Merchant Account and updating bank account information;
(vi) any information you provide Exotic Car Rental will be true, accurate, current and complete; (vii) you will update your information as necessary so that it remains true, accurate, current and complete;
(viii) you are in compliance with all applicable rules and regulations regarding the rental of any motor vehicle, and will not engage in any unfair or deceptive practices ex: taking a reservation and payment and not providing the customer with the complete details of reservation;
(ix) you will keep all sensitive and private Customer data confidential and secure and will not utilize it for any unlawful purpose or dispose of it in any unlawful manner and
(x) you are not listed on the U.S. Department of Treasury, Office of Foreign Assets Control, Specially Designated Nationals and Blocked Persons List (available at www.treas.gov/ofac); (i) listed on the US Department of State’s Terrorist Exclusion List (available at ); or (iii) located in or operating under license issued by a jurisdiction identified by the U.S. Department of State as a sponsor of international terrorism, by the U.S. Secretary of the Treasury as warranting special measures due to money laundering concerns, or as non-cooperative with international anti-money laundering principles or procedures by an intergovernmental group or organization of which the United States is a member.
4. ENROLLMENT AND CANCELLATION.
In order to access the Services, you must provide all information required in the enrollment process; for example, information may include your personal information, e-mail addresses, and account number(s) at financial institutions with which you conduct business. You agree to provide true, accurate, current and complete information about yourself and your accounts and you agree not to misrepresent your identity or your account information. You acknowledge that we are relying upon the accuracy of that information in order to provide the Services, and to the extent the information you supply is inaccurate, incomplete or misleading, we will not be able to provide adequate Services to you. You agree to keep your enrollment and Merchant Account Information up-to-date and accurate. You will have access to the Services only after we have received your enrollment information and have had a reasonable opportunity to act upon it. We will not be liable for any loss that you may incur as a result of inaccurate, incomplete or misleading information, including banking information, you provide to us.
If you do not provide all required additional within 90 days of your initial registration request, we reserve the right, without notice to you, to cancel your enrollment in the Services.
In order to cancel your use of the Services, you must email us at support@ExoticCarRental.com , and title the email : Cancel Services Request. If your Agreement expires or is terminated for any reason, we will cancel your online account and you will no longer be able to use the Services. The cancellation of your Internet services provider account does not cancel your enrollment in the Services.
5. PROFILE CREATION; PASSWORD SECURITY.
When you enroll in the Services, we ask you to provide profile and contact information and create a user identification (“User ID”) and password. You must not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including by using another person’s userName, password or other account information or another person’s name or other identifying information. If we have reason to suspect that any information you provided is not authorized, accurate, current, or complete, we may, among other remedial options, refuse you access to the Services or any of its resources without notice.
You are responsible for maintaining the confidentiality and security of your password and for all activities that occur using your User ID and/or password. As such, you should not share your User ID or password with others. We will not be liable for any loss that you may incur as a result of someone else using your User ID and/or password, either with or without your knowledge. In the event you become aware that the security of your User ID and/or password may have been compromised, you shall immediately reset the password or contact us by emailing us at support@ExoticCarRental.com.
6. VIOLATIONS OF TERMS.
Exotic Car Rental reserves the right to investigate suspected violations of the Terms (as defined below) and seek all remedies available at law and in equity for violations of the Terms, including blocking access from a particular Internet address to the Services or otherwise suspending or terminating access without notice.
Exotic Car Rental reserves the right to interrupt or restrict your access to the Services, without notice to you, if we suspect fraudulent or abusive activity or otherwise as appropriate to ensure the security and integrity of the Services. We use commercially reasonable efforts to maintain the security and integrity of the Services; however, you acknowledge and agree that there is no guarantee of absolute security of information that is communicated over the Internet.
7. ACCOUNT INACTIVITY.
We reserve the right, without notice to you, to suspend, terminate and/or purge any User ID that has not accessed or used the Services for a period of one (1) year or more from the date of last access or use. You acknowledge that in the event all User IDs for your Merchant Account are suspended, terminated and/or purged, you will no longer have access to the Services.
8. ADDITIONAL TERMS.
In addition to these Terms of Use, your use of the Services is subject to and you are also agreeing to be bound by the:
- Exotic Car Rental Terms of Service (a/k/a the Website Rules and Regulations) and
- Exotic Car Rental Online Privacy Statement.
These Terms of Use do not amend, modify or supplement your Agreement. In the event of a conflict among or between your Agreement, these Terms of Use, the Exotic Car Rental Terms of Services and the Exotic Car Rental Online Privacy Statement, the precedence shall be, first, your Agreement, then these Terms of Use, then the Exotic Car Rental Online Privacy Statement, then the Exotic Car Rental Terms of Service.
The word “Terms” means, collectively:
- these Terms of Use; the Exotic Car Rental Terms of Service (a/k/a the Website Rules and Regulations);
and the Exotic Car Rental Online Privacy Statement.
9. MODIFICATION OF TERMS OF USE.
We reserve the right to modify these Terms of Use at any time without notice to you. We will indicate that changes to these Terms of Use have been made by updating the date indicated after "Last Modified" at the beginning of the document. Unless otherwise noted, such modifications are effective immediately upon their posting to the website through which you access the Services. It is your sole responsibility to check this website periodically to be aware of such modifications. Your access, link to, or use of the Services after the posting of the modifications to these Terms of Use will constitute your acceptance of these Terms of Use, as modified.
10. AVAILABILITY, MODIFICATION & DISCONTINUATION.
We reserve the right to discontinue the Services, whether temporarily or permanently, or otherwise supplement, change, or modify their appearance and/or any features or functions of the Services, in any way, in whole or in part at any time for any reason without notice.
WE SHALL NOT BE LIABLE AND SHALL HAVE NO OBLIGATION TO YOU OR ANY THIRD PARTY IN THE EVENT WE EXERCISE OUR RIGHT TO DO SO.
The Services are subject to transmission limitation or interruption. You acknowledge and agree that access to the Services and/or the Merchant Account Information may not be available on a continuous basis and that the Services will be subject to periodic downtime to permit hardware and/or software maintenance to take place.
You acknowledge and agree that we are not responsible for performance degradation and delays. You acknowledge that we shall not be liable to you if the Services are interrupted for any reason. If you are dissatisfied with the Services, you agree that your sole remedy shall be to cease using of the Services.
Also, after you have logged on to the Services, we reserve the right to log you off the Services if there are extended periods of inactivity or the session continues to run for an extended period of time.
You may discontinue use of the Services at any time and cancel your use of the Services by contacting us at support@ExoticCarRental.com. However, cancellation of services does not relieve the Merchant of fees owed to us.
11. ELECTRONIC COMMUNICATIONS AND PAPERLESS STATEMENTS.
When you enroll in the Services as described in Section 5 above, you consent to receiving servicing messages including important information about your Merchant Account, e-statement notifications, enhancement updates with respect to the Services and other communications about your Merchant Account via e-mail or postal mail, as well as information on products, services and resources available to your business.
To learn more about how we use your information and protect your privacy, please read the Exotic Car Rental Online Privacy Statement.
12. FEES FOR SERVICES.
For reservation made through the “Pay Now” option, Exotic Car Rental will charge the customer the total amount of the rental which is non-refundable. In this option our fee will be 10% of the total rental amount charged to the customer. The remaining 90% from the total rental amount will then be remitted to the Merchant as payment for the reservation. Merchant bears the sole responsibility for the tax consequences on the amount remitted to Merchant.
For reservations made through the “Pay Later” option, Exotic Car Rental will charge the customer 15% of the total rental amount (excluding purchase of insurance sold by us) as a non-refundable deposit for the reservation. The deposit collected by us shall be our fee for the Services. The remaining 85% of the total rental (excluding the purchase of insurance sold by us) shall be collected by the Merchant from the customer at or before the time of the rental. For “Pay Later” option Merchant shall bear the sole responsibility for collecting the remaining balance of the rental. In the event the Customer cancels the rental under the “Pay Now” or “Pay Later” options, payments made to us are not refundable. For “Pay Later” option, if the customer changes the reservation and the total rental amount is the same or less, we will not charge our 15% fee again. For “Pay Later” reservations that are changed and result in a total rental charge that is greater than the initial rental amount the fee was charged on, we will charge the 15% on the amount that is over the initial total rental charge. For example is the initial reservation is $100 our fee will be $15, if that reservation is then changed and the total rental amount is now $200, our fee will be $15 (total fee to us was $30, with a $15 dollar credit applied, so remaining fee to us is $15).
Cancellation or termination of this Agreement will not extinguish the payments owned and accrued up until and including the effective date of cancelation or termination. We review fee policies from time to time, and reserve the right to adjust the fees that apply to your use of the Services in our sole discretion at any time. In addition, you acknowledge that some features of the Services may require you to subscribe to, and pay a fee for, such features i.e. Featured Listing. If additional fees apply for such features, you will be required to agree to pay such fees prior to accessing them.
13. REPORTS.
In the event that you access and/or use any Services which contain Reports, the following confidentiality obligations shall apply:
You agree to regard and preserve as confidential all information disclosed or made available to you in connection with a Report (collectively and individually, “Confidential Information”). You agree to hold Confidential Information in trust and confidence and shall not (i) disclose such information to any person or entity (including, without limitation, any franchisors, franchisees, units, subsidiaries, affiliates or co- brand partners), or (ii) use (directly or indirectly) any such information for your own benefit or the benefit of any other party, unless authorized in advance by Exotic Car Rental in writing, and even then, to limit access to and disclosure of such Confidential Information to a “need to know” basis only and only to your employees and agents that are subject to confidentiality obligations that are, at a minimum, as stringent as the provisions contained herein. You shall be responsible for any breach of confidentiality with respect to the Confidential Information by any parties to whom you disclose Confidential Information.
The obligations in this section shall not apply to information which (i) is already lawfully known by the receiving party without any obligation of confidentiality at the time it is obtained by the receiving party; (ii) is in the public domain through no wrongful act by the receiving party; or (iii) is lawfully revealed to the receiving party by a third party without any obligation of confidentiality with respect thereto.
You acknowledge and agree that, in the event of a breach or threatened breach of any of the provisions of this section Exotic Car Rental will have no adequate remedy in damages and, accordingly, shall be entitled to injunctive relief against such breach or threatened breach without the requirement of posting a bond or other security; provided, however, that no specification of a particular legal or equitable remedy shall be construed as a waiver, prohibition or limitation of any other legal or equitable remedies in the event of a breach hereof.
14. DOWNLOADS/LICENSE.
You acquire no rights or licenses in or to the Services other than the limited non-exclusive right to utilize the Services in accordance with these Terms of Use. Should you choose to access, order and/or download content from or through the Services, including without limitation, Reports, you shall do so pursuant to these Terms of Use. Such downloaded content is licensed to you by Exotic Car Rental solely for your personal or your company’s own noncommercial use pursuant to these Terms of Use and Exotic Car Rental does not transfer any other rights to you.
15. DISCLAIMER OF WARRANTIES.
THE SERVICES (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION ACCESSED BY ANY MEANS THEREOF) IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW,
WE MAKE NO WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES WILL RESULT IN ANY PARTICULAR OUTCOME OR THAT ANY OF YOUR PARTICULAR GOALS WILL BE ACHIEVED. WE SHALL NOT BE LIABLE FOR THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY INTERRUPTION OF OR ERROR IN THE SERVICES UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, OUR NEGLIGENCE. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THAT WE MAKE NO WARRANTY THAT SECURITY BREACHES WILL NOT OCCUR.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THESE TERMS OF USE.
YOU AGREE THAT (A) THE FOLLOWING ELEMENTS OF THE SERVICES WILL HAVE UNKNOWN DATA AND/OR EXCLUSIONS; AND (B) UNLESS OTHERWISE AGREED UPON BY THE PARTIES, IF ANY OF YOUR ESTABLISHMENTS, BUSINESSES, ENTITIES OR SIMILAR CONSTRUCTS BECOMES INACTIVE DURING THE TERM OF YOUR USE OF THE SERVICES, EXOTIC CAR RENTAL MAY ELIMINATE THE DATA FOR SUCH ESTABLISHMENT, BUSINESS ENTITY OR SIMILAR CONSTRUCT FROM THE SERVICES.
16. LIMITATION OF LIABILITY.
YOU ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU FOR ANY CLAIMS, DAMAGES, LOSSES, OBLIGATIONS, COSTS OR EXPENSES OR OTHER LIABILITY ARISING DIRECTLY OR INDIRECTLY FROM OR OTHERWISE PERTAINING TO: (I) ANY TERMINATION, SUSPENSION, DELAY OR DISRUPTION OF YOUR INTERNET SERVICES, (II) ANY FAILURE, DELAY, DISRUPTION OR MALFUNCTION OF THE SERVICES, THE INTERNET OR ANY COMMUNICATIONS NETWORK, FACILITY OR EQUIPMENT BEYOND OUR REASONABLE CONTROL, (III) ANY DAMAGES ARISING FROM YOUR FAILED ATTEMPTS TO ACCESS THE SERVICES, OR (IV) ANY DAMAGES ARISING FROM ANY FAILURE TO TRANSMIT, OBTAIN OR COLLECT DATA OR FOR HUMAN, MACHINE OR SOFTWARE ERRORS OR FAULTY OR ERRONEOUS INPUT BY YOU. THIS LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY AFFECT YOUR EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICES PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES, OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS OF USE, THE MAXIMUM LIABILITY WE HAVE FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE AGGREGATE AMOUNT OF FEES PAID BY YOU FOR USE OF THE SERVICES. BOTH PARTIES AGREE THAT THE PROVISIONS OF THIS SECTION ARE OF THE ESSENCE OF THESE CONDITIONS AND THAT ABSENT SUCH LIMITATION OF LIABILITY, NEITHER PARTY WOULD HAVE ENTERED INTO THESE TERMS OF USE.
17. INDEMNIFICATION.
YOU AGREE TO INDEMNIFY AND HOLD US, OUR PARENTS, SUBSIDIARIES, OFFICERS AND EMPLOYEES, HARMLESS FROM AND AGAINST ANY CLAIM AND DEMAND, INCLUDING REASONABLE LEGAL FEES, MADE BY ANY THIRD PARTY RESULTING FROM OR ARISING OUT OF YOUR USE OF THE SERVICES (OR THE SERVICES BY PERSONS USING YOUR USER ID AND/OR PASSWORD), INCLUDING, WITHOUT LIMITATION, ANY CLAIM THAT YOUR USE OF THE SERVICES IS UNLAWFUL, HARMFUL, INFRINGES ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS OR ANY RIGHT OF PRIVACY OR PUBLICITY, OR OTHERWISE RESULTS IN INJURY OR DAMAGE TO A THIRD PARTY, ANY BREACH OF THESE TERMS OF USE, OR ANY NEGLIGENCE OR WILLFUL MISCONDUCT WITH RESPECT TO YOUR USE OF THE SERVICES.
18. INTELLECTUAL PROPERTY.
The trademarks, logos and service marks ("Marks") displayed on the Exotic Car Rental website that you access to use the Services or in any portions of the Services are the property of Exotic Car Rental, its licensors and/or other parties. You are prohibited from using any Marks for any purpose including, but not limited to, use as metatags on other pages or sites on the World Wide Web without the written permission of Exotic Car Rental or such third party which may own the Marks.
As between you and Exotic Car Rental all elements of the Services are and shall remain Exotic Car Rental’ sole and exclusive property subject only to the rights granted to you hereunder to access, order, download and/or otherwise use the Services. You acquire no title or ownership rights in the Services provided to you. Nothing herein shall be construed to restrict, impair or deprive Exotic Car Rental of any of its Intellectual Property Rights (as defined below) that existed prior to or arise in connection with the Merchant Site or the Services. “Intellectual Property Rights” means any and all rights and registrations (including all renewals and extensions thereof) existing from time to time under patent law, copyright law, trade-secret law, trademark law, moral rights law, unfair competition law, any other intellectual, industrial and proprietary rights relating to intangible property, or similar rights of every kind or nature and however designated, whether arising by operation of law, contract, license or otherwise in the United States of America and throughout the world.
The Merchant Site and the Services are subject to the protections of all laws applicable to Intellectual Property Rights and may only be used by you in a manner consistent with the permissions set forth herein. You acknowledge Exotic Car Rental’s said Intellectual Property Rights in same and agree not to challenge the enforceability of any such rights in same or otherwise claim ownership of any portion of the Services provided to you herein. You must not remove, obscure or in any way modify any Exotic Car Rental intellectual property notices Page embedded in or in any way displayed upon the materials you might download from or otherwise use on or apart from the Merchant Site.
You may not attempt to copy, modify, reproduce, distribute, transmit, sell, license, publish, decompile, display, reverse engineer, create derivative works or otherwise exploit the Services, either directly, or by assisting others to do so, except that, as applicable, you may purchase and/or download certain materials and/or make a reasonable number of print copies for emergency and/or archival purposes and a reasonable number of copies for your or your company’s noncommercial use, provided that, you retain all copyright and other notices contained therein and that you use such materials only in accordance with the terms provided on the Merchant Site. Using the Services or information derived from the Services in any other commercial or public way without the prior express written consent of Exotic Car Rental is strictly prohibited.
You acknowledge the Services have been selected, arranged, created, compiled, prepared, developed, revised and/or coordinated by Exotic Car Rental, its subsidiaries and affiliates and others at significant expense of time, money and resources, and that its misappropriation or unauthorized use, redistribution, resale or relicense by you to others for commercial gain would unfairly and/or irreparably harm Exotic Car Rental, its subsidiaries and affiliates and such other parties. As such you agree to take all commercially reasonable precautions to prevent and/or stop all such misappropriation or usage of the Services. You acknowledge, injunctive relief, without excluding any other right or remedy, shall be an appropriate remedy to enforce any breach of this or any related section.
19. LAWFUL USE OF SERVICES; RULES OF CONDUCT.
You warrant that you will not access or use the Services in any unlawful manner, for any unlawful purpose or in violation of this Agreement or applicable laws, rules and regulations.
You must not engage in the uploading, posting, decompiling, reverse engineering, disassembling, modification, copying, distribution, transmission, reproduction, republication, licensing, display, sale, transfer or creation of derivative products or other works of or from any product, service, information, content, software, message, advertisement or any other work found at, aggregated at, contained on, distributed through, linked to or from, downloaded to or from or in any other manner accessed from the Services.
You agree not to use, transfer, distribute, or dispose of any content, information or materials downloaded from the Merchant Site or otherwise originating through the Services in any manner that could compete with the business of Exotic Car Rental.
You must not post, transmit, publish, disseminate, or otherwise communicate any information or material: (a) that is defamatory, libelous, indecent, obscene, fraudulent, threatening, abusive, or invades another person's privacy, proprietary or any other legal rights; (b) that contains any viruses, cancel bots, Trojan horses, harmful code, or other computer software or program designed to interrupt the Services or the proper functioning of any software, hardware, equipment or materials used in connection with the Services; (c) that is bulk unsolicited advertising, promotional information, e-mail, or other solicitation, including without limitation, junk mail, "spam," chain letters or pyramid schemes of any sort, to any person through the use of the Services. We reserve the right to take any appropriate action if we become aware of any use of the Services which we believe violates any law or is otherwise wrongful.
We reserve any right not expressly granted to you herein.
20. ACCESS TO PASSWORD PROTECTED; SECURE AREAS.
Access to and use of password protected and/or secure areas of the Services is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Services may be subject to prosecution or any other remedy at law or in equity that Exotic Car Rental may pursue in its sole discretion.
21. USE OF "COOKIE" FILE FEATURES.
The Exotic Car Rental Online Privacy Statement provides information regarding Exotic Car Rental' use of cookies as well as procedures for disabling cookies.
22. FORCE MAJEURE.
Neither party shall be liable for non-performance due to acts of God, civil disturbances, strikes, power failures, telecommunications breakdowns, changes in applicable laws or regulations, fire or any other cause which such party cannot prevent by the exercise of reasonable diligence.
23. GOVERNING LAW.
These Terms of Use are governed by and will be construed in accordance with the laws of the State of Florida, regardless of the laws that might otherwise govern under its principles of conflicts of laws. Subject to any dispute resolution provision in your Agreement, any action by either you or Exotic Car Rental will be brought in the appropriate federal or state court located in the County and State of Florida and each of said parties consents to the exclusive jurisdiction of such court and waives any claim of lack of jurisdiction or forum non conveniens.
24. ASSIGNMENT.
You shall not assign this Agreement, whether voluntarily or by operation of law (including by way of sale of assets, merger, or consolidation), without our prior written consent. Any purported assignment by operation of law is voidable in our sole discretion. We may assign these Terms of Use without your consent. Except as otherwise specified herein, these Terms of Use bind, and inure to the benefit of, the parties and their respective successors and permitted assigns.
25. WAIVER; CUMULATIVE RIGHTS.
The failure of either party to enforce any rights granted by these Terms of Use or to take action against the other party in the event of any breach hereof shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
26. SEVERABILITY.
If any provision of these Terms of Use is held by a court of competent jurisdiction to be void, contrary to law or for any reason otherwise unenforceable, then such provision shall be construed, as nearly as lawfully possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The severance of any void, unlawful or otherwise unenforceable section shall not affect the validity or enforceability of any remaining provisions herein.
27. ENTIRE AGREEMENT.
These Terms of Use represent the entire agreement between you and us regarding the use of the Services and supersede any previous agreements, understandings, or courses of dealings regarding the use of the Services.
28. ALTERNATIVE DISPUTE RESOLUTION.
(A) Procedures: You and Exotic Car Rental agree that any and all disputes, claims or controversies arising out of or related to these Terms of Use, including any claims under any statute or regulation ("Disputes"), shall be submitted first to non-binding mediation. If the Disputes are not resolved through mediation, the Disputes then shall be submitted for binding arbitration. Unless the parties agree otherwise, any mediation and/or arbitration shall take place in the State of Florida, Miami Dade County, and shall be administered by, and pursuant to the rules of, the American Arbitration Association ("AAA").
(B) Restrictions on Arbitration: Disputes shall be arbitrated on an individual basis. There shall be no right or authority for any Disputes to be arbitrated on a class action basis or in a purported representative capacity on behalf of the general public or other persons or entities similarly situated. The arbitrator's authority to resolve Disputes and to make awards is limited to Disputes between you and Exotic Car Rental alone, and is subject to the Limitations of Liability set forth in these Terms of Use. Furthermore, Disputes brought by either you or Exotic Car Rental against the other party may not be joined or consolidated in arbitration with Disputes brought by or against any third party, unless agreed to in writing by all parties. No arbitration award or decision on any Disputes shall be given preclusive effect as to issues or claims in any dispute with anyone who is not a party to the arbitration. Should any portion of this paragraph B of this Alternative Dispute Resolution section be stricken from these Terms of Use or deemed otherwise unenforceable, then this entire Alternative Dispute Resolution section shall be stricken from these Terms of Use.
(C) Enforcement: The provisions of this Alternative Dispute Resolution section may be enforced in a court of competent jurisdiction and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses (including attorney fees) incurred in obtaining the enforcement of this provision, to be paid by the party against whom enforcement is ordered.
(D) Costs of Arbitration Proceedings: The parties will be responsible for paying their respective shares of the arbitration fees (including filing, administrative, hearing and/or other fees) as provided by AAA rules, except that Exotic Car Rental will be responsible for paying all arbitration fees in connection with any Dispute it commences in arbitration or compels to arbitration.
EXOTICCARRENTAL.COM TERMS OF USE (AGREEMENT)
BY INDICATING YOUR AGREEMENT TO THESE TERMS OF USE OR OTHERWISE USING ANY PORTION OF THE SERVICES (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS OF USE, EFFECTIVE ON THE DATE THEREOF. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.
Table of Contents
1. SCOPE OF TERMS OF USE AND DEFINITIONS.
2. DESCRIPTION OF THE SERVICES.
3. AUTHORITY AND CAPACITY.
4. ENROLLMENT AND CANCELLATION.
5. PROFILE CREATION; PASSWORD SECURITY.
6. VIOLATIONS OF TERMS.
7. ACCOUNT INACTIVITY.
8. ADDITIONAL TERMS.
9. MODIFICATION OF TERMS OF USE.
10. AVAILABILITY, MODIFICATION & DISCONTINUATION.
11. ELECTRONIC COMMUNICATIONS AND PAPERLESS STATEMENTS.
12. FEES FOR SERVICES.
13. REPORTS.
14. DOWNLOADS/LICENSE.
15. DISCLAIMER OF WARRANTIES.
16. LIMITATION OF LIABILITY.
17. INDEMNIFICATION.
18. INTELLECTUAL PROPERTY.
19. LAWFUL USE OF SERVICES; RULES OF CONDUCT.
20. ACCESS TO PASSWORD PROTECTED; SECURE AREAS.
21. USE OF "COOKIE" FILE FEATURES.
22. FORCE MAJEURE.
23. GOVERNING LAW.
24. ASSIGNMENT.
25. WAIVER; CUMULATIVE RIGHTS.
26. SEVERABILITY.
27. ENTIRE AGREEMENT.
28. ALTERNATIVE DISPUTE RESOLUTION.
1. SCOPE OF TERMS OF USE AND DEFINITIONS.
These terms of use (hereinafter referred to as “Terms of Use” and/or “Agreement”), along with the terms set forth below in Section 8, govern you and your company’s use of and access to (i) the Exotic Car Rental LLC website located at the URL www.ExoticCarRental.com (the “Merchant Site”) and (ii) our Services (as defined below) available to you and other Merchants (as defined below) on or through the Merchant Site. Please review them carefully before using the Services.
As used in these Terms of Use, the words “you” and “your” refer to you, the Merchant (that is, the legal entity primarily responsible for the Merchant Account (as defined below) through which you are accessing the Merchant Site) and also include all individuals and authorized signers who apply to use or access the Services under your Merchant Account. The words “Exotic Car Rental”, “we”, “our” and “us” refer to Exotic Car Rental LLC.
The following capitalized terms used in these Terms of Use shall be defined as indicated:
“Customer” means an individual or entity (i) that has entered into an agreement to buy goods or services from the Merchant by means of Merchant site.
“Charge” means a payment or purchase made on a credit card or other authorized payment method by the Customer.
“Inquiry” means a request for information made by Exotic Car Rental.
“Merchant” means any seller of goods or services, non-profit, or government entity that enters into an agreement with Exotic Car Rental pursuant to which the seller agrees use the Merchant site to sell such goods and services and to permit any Customer to purchase said goods and services through the Merchant Site.
“Merchant Account” means the account created by Exotic Car Rental upon the Merchant entering into the Agreement.
2. DESCRIPTION OF THE SERVICES.
We will provide the Merchant with the ability to market your fleet of vehicles for rent through the Merchant Site. These services are provide through a web-based interface, and provide you with access to the following: (i) the ability to review and manage your Merchant Account information, including, but not limited to, review fleet inventory, post and remove vehicles for rent, management of pricing of services and discounts, management of rental reservations attained through the Merchant Site, designate specific cars as “featured”, review and update Merchant policies, updates to your banking account information, and other administrative functions pertaining to your Merchant Account ("Merchant Account Information") and (ii) access to merchant-specific reports (“Reports”), marketing enrollment programs, and other content, information, products and services (items (i) and (ii) are collectively the “Services). We reserve all rights not expressly granted to you herein.
You must have access to the Internet to use the Services, and you (and not Exotic Car Rental) are solely responsible for, without limitation, obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Services, and paying all charges related thereto. You are responsible for ensuring that your equipment is compatible with the Services. You must be logged in to the Merchant Site to have access to any Services. Some Services may be available for a limited time only and not all Services are available to all merchants.
3. AUTHORITY AND CAPACITY.
You represent, warrant and covenant that: (i) you are at least eighteen (18) years old;
(ii) you have the power, authority and capacity to agree to these Terms of Use; (iii) you have a legitimate business need to use the Services;
(iv) you are an authorized representative of the Merchant on behalf of which you are using the Services and all use of the Services by you is at the Merchant’s direction and with the Merchant’s knowledge;
(v) you have the authority from the Merchant to use all features and functions of the Services, including without limitation, reviewing and making changes to the Merchant Account and updating bank account information;
(vi) any information you provide Exotic Car Rental will be true, accurate, current and complete; (vii) you will update your information as necessary so that it remains true, accurate, current and complete;
(viii) you are in compliance with all applicable rules and regulations regarding the rental of any motor vehicle, and will not engage in any unfair or deceptive practices ex: taking a reservation and payment and not providing the customer with the complete details of reservation;
(ix) you will keep all sensitive and private Customer data confidential and secure and will not utilize it for any unlawful purpose or dispose of it in any unlawful manner and
(x) you are not listed on the U.S. Department of Treasury, Office of Foreign Assets Control, Specially Designated Nationals and Blocked Persons List (available at www.treas.gov/ofac); (i) listed on the US Department of State’s Terrorist Exclusion List (available at ); or (iii) located in or operating under license issued by a jurisdiction identified by the U.S. Department of State as a sponsor of international terrorism, by the U.S. Secretary of the Treasury as warranting special measures due to money laundering concerns, or as non-cooperative with international anti-money laundering principles or procedures by an intergovernmental group or organization of which the United States is a member.
4. ENROLLMENT AND CANCELLATION.
In order to access the Services, you must provide all information required in the enrollment process; for example, information may include your personal information, e-mail addresses, and account number(s) at financial institutions with which you conduct business. You agree to provide true, accurate, current and complete information about yourself and your accounts and you agree not to misrepresent your identity or your account information. You acknowledge that we are relying upon the accuracy of that information in order to provide the Services, and to the extent the information you supply is inaccurate, incomplete or misleading, we will not be able to provide adequate Services to you. You agree to keep your enrollment and Merchant Account Information up-to-date and accurate. You will have access to the Services only after we have received your enrollment information and have had a reasonable opportunity to act upon it. We will not be liable for any loss that you may incur as a result of inaccurate, incomplete or misleading information, including banking information, you provide to us.
If you do not provide all required additional within 90 days of your initial registration request, we reserve the right, without notice to you, to cancel your enrollment in the Services.
In order to cancel your use of the Services, you must email us at support@ExoticCarRental.com , and title the email : Cancel Services Request. If your Agreement expires or is terminated for any reason, we will cancel your online account and you will no longer be able to use the Services. The cancellation of your Internet services provider account does not cancel your enrollment in the Services.
5. PROFILE CREATION; PASSWORD SECURITY.
When you enroll in the Services, we ask you to provide profile and contact information and create a user identification (“User ID”) and password. You must not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including by using another person’s userName, password or other account information or another person’s name or other identifying information. If we have reason to suspect that any information you provided is not authorized, accurate, current, or complete, we may, among other remedial options, refuse you access to the Services or any of its resources without notice.
You are responsible for maintaining the confidentiality and security of your password and for all activities that occur using your User ID and/or password. As such, you should not share your User ID or password with others. We will not be liable for any loss that you may incur as a result of someone else using your User ID and/or password, either with or without your knowledge. In the event you become aware that the security of your User ID and/or password may have been compromised, you shall immediately reset the password or contact us by emailing us at support@ExoticCarRental.com.
6. VIOLATIONS OF TERMS.
Exotic Car Rental reserves the right to investigate suspected violations of the Terms (as defined below) and seek all remedies available at law and in equity for violations of the Terms, including blocking access from a particular Internet address to the Services or otherwise suspending or terminating access without notice.
Exotic Car Rental reserves the right to interrupt or restrict your access to the Services, without notice to you, if we suspect fraudulent or abusive activity or otherwise as appropriate to ensure the security and integrity of the Services. We use commercially reasonable efforts to maintain the security and integrity of the Services; however, you acknowledge and agree that there is no guarantee of absolute security of information that is communicated over the Internet.
7. ACCOUNT INACTIVITY.
We reserve the right, without notice to you, to suspend, terminate and/or purge any User ID that has not accessed or used the Services for a period of one (1) year or more from the date of last access or use. You acknowledge that in the event all User IDs for your Merchant Account are suspended, terminated and/or purged, you will no longer have access to the Services.
8. ADDITIONAL TERMS.
In addition to these Terms of Use, your use of the Services is subject to and you are also agreeing to be bound by the:
- Exotic Car Rental Terms of Service (a/k/a the Website Rules and Regulations) and
- Exotic Car Rental Online Privacy Statement.
These Terms of Use do not amend, modify or supplement your Agreement. In the event of a conflict among or between your Agreement, these Terms of Use, the Exotic Car Rental Terms of Services and the Exotic Car Rental Online Privacy Statement, the precedence shall be, first, your Agreement, then these Terms of Use, then the Exotic Car Rental Online Privacy Statement, then the Exotic Car Rental Terms of Service.
The word “Terms” means, collectively:
- these Terms of Use; the Exotic Car Rental Terms of Service (a/k/a the Website Rules and Regulations);
and the Exotic Car Rental Online Privacy Statement.
9. MODIFICATION OF TERMS OF USE.
We reserve the right to modify these Terms of Use at any time without notice to you. We will indicate that changes to these Terms of Use have been made by updating the date indicated after "Last Modified" at the beginning of the document. Unless otherwise noted, such modifications are effective immediately upon their posting to the website through which you access the Services. It is your sole responsibility to check this website periodically to be aware of such modifications. Your access, link to, or use of the Services after the posting of the modifications to these Terms of Use will constitute your acceptance of these Terms of Use, as modified.
10. AVAILABILITY, MODIFICATION & DISCONTINUATION.
We reserve the right to discontinue the Services, whether temporarily or permanently, or otherwise supplement, change, or modify their appearance and/or any features or functions of the Services, in any way, in whole or in part at any time for any reason without notice.
WE SHALL NOT BE LIABLE AND SHALL HAVE NO OBLIGATION TO YOU OR ANY THIRD PARTY IN THE EVENT WE EXERCISE OUR RIGHT TO DO SO.
The Services are subject to transmission limitation or interruption. You acknowledge and agree that access to the Services and/or the Merchant Account Information may not be available on a continuous basis and that the Services will be subject to periodic downtime to permit hardware and/or software maintenance to take place.
You acknowledge and agree that we are not responsible for performance degradation and delays. You acknowledge that we shall not be liable to you if the Services are interrupted for any reason. If you are dissatisfied with the Services, you agree that your sole remedy shall be to cease using of the Services.
Also, after you have logged on to the Services, we reserve the right to log you off the Services if there are extended periods of inactivity or the session continues to run for an extended period of time.
You may discontinue use of the Services at any time and cancel your use of the Services by contacting us at support@ExoticCarRental.com. However, cancellation of services does not relieve the Merchant of fees owed to us.
11. ELECTRONIC COMMUNICATIONS AND PAPERLESS STATEMENTS.
When you enroll in the Services as described in Section 5 above, you consent to receiving servicing messages including important information about your Merchant Account, e-statement notifications, enhancement updates with respect to the Services and other communications about your Merchant Account via e-mail or postal mail, as well as information on products, services and resources available to your business.
To learn more about how we use your information and protect your privacy, please read the Exotic Car Rental Online Privacy Statement.
12. FEES FOR SERVICES.
For reservation made through the “Pay Now” option, Exotic Car Rental will charge the customer the total amount of the rental which is non-refundable. In this option our fee will be 10% of the total rental amount charged to the customer. The remaining 90% from the total rental amount will then be remitted to the Merchant as payment for the reservation. Merchant bears the sole responsibility for the tax consequences on the amount remitted to Merchant.
For reservations made through the “Pay Later” option, Exotic Car Rental will charge the customer 15% of the total rental amount (excluding purchase of insurance sold by us) as a non-refundable deposit for the reservation. The deposit collected by us shall be our fee for the Services. The remaining 85% of the total rental (excluding the purchase of insurance sold by us) shall be collected by the Merchant from the customer at or before the time of the rental. For “Pay Later” option Merchant shall bear the sole responsibility for collecting the remaining balance of the rental. In the event the Customer cancels the rental under the “Pay Now” or “Pay Later” options, payments made to us are not refundable. For “Pay Later” option, if the customer changes the reservation and the total rental amount is the same or less, we will not charge our 15% fee again. For “Pay Later” reservations that are changed and result in a total rental charge that is greater than the initial rental amount the fee was charged on, we will charge the 15% on the amount that is over the initial total rental charge. For example is the initial reservation is $100 our fee will be $15, if that reservation is then changed and the total rental amount is now $200, our fee will be $15 (total fee to us was $30, with a $15 dollar credit applied, so remaining fee to us is $15).
Cancellation or termination of this Agreement will not extinguish the payments owned and accrued up until and including the effective date of cancelation or termination. We review fee policies from time to time, and reserve the right to adjust the fees that apply to your use of the Services in our sole discretion at any time. In addition, you acknowledge that some features of the Services may require you to subscribe to, and pay a fee for, such features i.e. Featured Listing. If additional fees apply for such features, you will be required to agree to pay such fees prior to accessing them.
13. REPORTS.
In the event that you access and/or use any Services which contain Reports, the following confidentiality obligations shall apply:
You agree to regard and preserve as confidential all information disclosed or made available to you in connection with a Report (collectively and individually, “Confidential Information”). You agree to hold Confidential Information in trust and confidence and shall not (i) disclose such information to any person or entity (including, without limitation, any franchisors, franchisees, units, subsidiaries, affiliates or co- brand partners), or (ii) use (directly or indirectly) any such information for your own benefit or the benefit of any other party, unless authorized in advance by Exotic Car Rental in writing, and even then, to limit access to and disclosure of such Confidential Information to a “need to know” basis only and only to your employees and agents that are subject to confidentiality obligations that are, at a minimum, as stringent as the provisions contained herein. You shall be responsible for any breach of confidentiality with respect to the Confidential Information by any parties to whom you disclose Confidential Information.
The obligations in this section shall not apply to information which (i) is already lawfully known by the receiving party without any obligation of confidentiality at the time it is obtained by the receiving party; (ii) is in the public domain through no wrongful act by the receiving party; or (iii) is lawfully revealed to the receiving party by a third party without any obligation of confidentiality with respect thereto.
You acknowledge and agree that, in the event of a breach or threatened breach of any of the provisions of this section Exotic Car Rental will have no adequate remedy in damages and, accordingly, shall be entitled to injunctive relief against such breach or threatened breach without the requirement of posting a bond or other security; provided, however, that no specification of a particular legal or equitable remedy shall be construed as a waiver, prohibition or limitation of any other legal or equitable remedies in the event of a breach hereof.
14. DOWNLOADS/LICENSE.
You acquire no rights or licenses in or to the Services other than the limited non-exclusive right to utilize the Services in accordance with these Terms of Use. Should you choose to access, order and/or download content from or through the Services, including without limitation, Reports, you shall do so pursuant to these Terms of Use. Such downloaded content is licensed to you by Exotic Car Rental solely for your personal or your company’s own noncommercial use pursuant to these Terms of Use and Exotic Car Rental does not transfer any other rights to you.
15. DISCLAIMER OF WARRANTIES.
THE SERVICES (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION ACCESSED BY ANY MEANS THEREOF) IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW,
WE MAKE NO WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES WILL RESULT IN ANY PARTICULAR OUTCOME OR THAT ANY OF YOUR PARTICULAR GOALS WILL BE ACHIEVED. WE SHALL NOT BE LIABLE FOR THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY INTERRUPTION OF OR ERROR IN THE SERVICES UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, OUR NEGLIGENCE. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THAT WE MAKE NO WARRANTY THAT SECURITY BREACHES WILL NOT OCCUR.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THESE TERMS OF USE.
YOU AGREE THAT (A) THE FOLLOWING ELEMENTS OF THE SERVICES WILL HAVE UNKNOWN DATA AND/OR EXCLUSIONS; AND (B) UNLESS OTHERWISE AGREED UPON BY THE PARTIES, IF ANY OF YOUR ESTABLISHMENTS, BUSINESSES, ENTITIES OR SIMILAR CONSTRUCTS BECOMES INACTIVE DURING THE TERM OF YOUR USE OF THE SERVICES, EXOTIC CAR RENTAL MAY ELIMINATE THE DATA FOR SUCH ESTABLISHMENT, BUSINESS ENTITY OR SIMILAR CONSTRUCT FROM THE SERVICES.
16. LIMITATION OF LIABILITY.
YOU ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU FOR ANY CLAIMS, DAMAGES, LOSSES, OBLIGATIONS, COSTS OR EXPENSES OR OTHER LIABILITY ARISING DIRECTLY OR INDIRECTLY FROM OR OTHERWISE PERTAINING TO: (I) ANY TERMINATION, SUSPENSION, DELAY OR DISRUPTION OF YOUR INTERNET SERVICES, (II) ANY FAILURE, DELAY, DISRUPTION OR MALFUNCTION OF THE SERVICES, THE INTERNET OR ANY COMMUNICATIONS NETWORK, FACILITY OR EQUIPMENT BEYOND OUR REASONABLE CONTROL, (III) ANY DAMAGES ARISING FROM YOUR FAILED ATTEMPTS TO ACCESS THE SERVICES, OR (IV) ANY DAMAGES ARISING FROM ANY FAILURE TO TRANSMIT, OBTAIN OR COLLECT DATA OR FOR HUMAN, MACHINE OR SOFTWARE ERRORS OR FAULTY OR ERRONEOUS INPUT BY YOU. THIS LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY AFFECT YOUR EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICES PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES, OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS OF USE, THE MAXIMUM LIABILITY WE HAVE FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE AGGREGATE AMOUNT OF FEES PAID BY YOU FOR USE OF THE SERVICES. BOTH PARTIES AGREE THAT THE PROVISIONS OF THIS SECTION ARE OF THE ESSENCE OF THESE CONDITIONS AND THAT ABSENT SUCH LIMITATION OF LIABILITY, NEITHER PARTY WOULD HAVE ENTERED INTO THESE TERMS OF USE.
17. INDEMNIFICATION.
YOU AGREE TO INDEMNIFY AND HOLD US, OUR PARENTS, SUBSIDIARIES, OFFICERS AND EMPLOYEES, HARMLESS FROM AND AGAINST ANY CLAIM AND DEMAND, INCLUDING REASONABLE LEGAL FEES, MADE BY ANY THIRD PARTY RESULTING FROM OR ARISING OUT OF YOUR USE OF THE SERVICES (OR THE SERVICES BY PERSONS USING YOUR USER ID AND/OR PASSWORD), INCLUDING, WITHOUT LIMITATION, ANY CLAIM THAT YOUR USE OF THE SERVICES IS UNLAWFUL, HARMFUL, INFRINGES ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS OR ANY RIGHT OF PRIVACY OR PUBLICITY, OR OTHERWISE RESULTS IN INJURY OR DAMAGE TO A THIRD PARTY, ANY BREACH OF THESE TERMS OF USE, OR ANY NEGLIGENCE OR WILLFUL MISCONDUCT WITH RESPECT TO YOUR USE OF THE SERVICES.
18. INTELLECTUAL PROPERTY.
The trademarks, logos and service marks ("Marks") displayed on the Exotic Car Rental website that you access to use the Services or in any portions of the Services are the property of Exotic Car Rental, its licensors and/or other parties. You are prohibited from using any Marks for any purpose including, but not limited to, use as metatags on other pages or sites on the World Wide Web without the written permission of Exotic Car Rental or such third party which may own the Marks.
As between you and Exotic Car Rental all elements of the Services are and shall remain Exotic Car Rental’ sole and exclusive property subject only to the rights granted to you hereunder to access, order, download and/or otherwise use the Services. You acquire no title or ownership rights in the Services provided to you. Nothing herein shall be construed to restrict, impair or deprive Exotic Car Rental of any of its Intellectual Property Rights (as defined below) that existed prior to or arise in connection with the Merchant Site or the Services. “Intellectual Property Rights” means any and all rights and registrations (including all renewals and extensions thereof) existing from time to time under patent law, copyright law, trade-secret law, trademark law, moral rights law, unfair competition law, any other intellectual, industrial and proprietary rights relating to intangible property, or similar rights of every kind or nature and however designated, whether arising by operation of law, contract, license or otherwise in the United States of America and throughout the world.
The Merchant Site and the Services are subject to the protections of all laws applicable to Intellectual Property Rights and may only be used by you in a manner consistent with the permissions set forth herein. You acknowledge Exotic Car Rental’s said Intellectual Property Rights in same and agree not to challenge the enforceability of any such rights in same or otherwise claim ownership of any portion of the Services provided to you herein. You must not remove, obscure or in any way modify any Exotic Car Rental intellectual property notices Page embedded in or in any way displayed upon the materials you might download from or otherwise use on or apart from the Merchant Site.
You may not attempt to copy, modify, reproduce, distribute, transmit, sell, license, publish, decompile, display, reverse engineer, create derivative works or otherwise exploit the Services, either directly, or by assisting others to do so, except that, as applicable, you may purchase and/or download certain materials and/or make a reasonable number of print copies for emergency and/or archival purposes and a reasonable number of copies for your or your company’s noncommercial use, provided that, you retain all copyright and other notices contained therein and that you use such materials only in accordance with the terms provided on the Merchant Site. Using the Services or information derived from the Services in any other commercial or public way without the prior express written consent of Exotic Car Rental is strictly prohibited.
You acknowledge the Services have been selected, arranged, created, compiled, prepared, developed, revised and/or coordinated by Exotic Car Rental, its subsidiaries and affiliates and others at significant expense of time, money and resources, and that its misappropriation or unauthorized use, redistribution, resale or relicense by you to others for commercial gain would unfairly and/or irreparably harm Exotic Car Rental, its subsidiaries and affiliates and such other parties. As such you agree to take all commercially reasonable precautions to prevent and/or stop all such misappropriation or usage of the Services. You acknowledge, injunctive relief, without excluding any other right or remedy, shall be an appropriate remedy to enforce any breach of this or any related section.
19. LAWFUL USE OF SERVICES; RULES OF CONDUCT.
You warrant that you will not access or use the Services in any unlawful manner, for any unlawful purpose or in violation of this Agreement or applicable laws, rules and regulations.
You must not engage in the uploading, posting, decompiling, reverse engineering, disassembling, modification, copying, distribution, transmission, reproduction, republication, licensing, display, sale, transfer or creation of derivative products or other works of or from any product, service, information, content, software, message, advertisement or any other work found at, aggregated at, contained on, distributed through, linked to or from, downloaded to or from or in any other manner accessed from the Services.
You agree not to use, transfer, distribute, or dispose of any content, information or materials downloaded from the Merchant Site or otherwise originating through the Services in any manner that could compete with the business of Exotic Car Rental.
You must not post, transmit, publish, disseminate, or otherwise communicate any information or material: (a) that is defamatory, libelous, indecent, obscene, fraudulent, threatening, abusive, or invades another person's privacy, proprietary or any other legal rights; (b) that contains any viruses, cancel bots, Trojan horses, harmful code, or other computer software or program designed to interrupt the Services or the proper functioning of any software, hardware, equipment or materials used in connection with the Services; (c) that is bulk unsolicited advertising, promotional information, e-mail, or other solicitation, including without limitation, junk mail, "spam," chain letters or pyramid schemes of any sort, to any person through the use of the Services. We reserve the right to take any appropriate action if we become aware of any use of the Services which we believe violates any law or is otherwise wrongful.
We reserve any right not expressly granted to you herein.
20. ACCESS TO PASSWORD PROTECTED; SECURE AREAS.
Access to and use of password protected and/or secure areas of the Services is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Services may be subject to prosecution or any other remedy at law or in equity that Exotic Car Rental may pursue in its sole discretion.
21. USE OF "COOKIE" FILE FEATURES.
The Exotic Car Rental Online Privacy Statement provides information regarding Exotic Car Rental' use of cookies as well as procedures for disabling cookies.
22. FORCE MAJEURE.
Neither party shall be liable for non-performance due to acts of God, civil disturbances, strikes, power failures, telecommunications breakdowns, changes in applicable laws or regulations, fire or any other cause which such party cannot prevent by the exercise of reasonable diligence.
23. GOVERNING LAW.
These Terms of Use are governed by and will be construed in accordance with the laws of the State of Florida, regardless of the laws that might otherwise govern under its principles of conflicts of laws. Subject to any dispute resolution provision in your Agreement, any action by either you or Exotic Car Rental will be brought in the appropriate federal or state court located in the County and State of Florida and each of said parties consents to the exclusive jurisdiction of such court and waives any claim of lack of jurisdiction or forum non conveniens.
24. ASSIGNMENT.
You shall not assign this Agreement, whether voluntarily or by operation of law (including by way of sale of assets, merger, or consolidation), without our prior written consent. Any purported assignment by operation of law is voidable in our sole discretion. We may assign these Terms of Use without your consent. Except as otherwise specified herein, these Terms of Use bind, and inure to the benefit of, the parties and their respective successors and permitted assigns.
25. WAIVER; CUMULATIVE RIGHTS.
The failure of either party to enforce any rights granted by these Terms of Use or to take action against the other party in the event of any breach hereof shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
26. SEVERABILITY.
If any provision of these Terms of Use is held by a court of competent jurisdiction to be void, contrary to law or for any reason otherwise unenforceable, then such provision shall be construed, as nearly as lawfully possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The severance of any void, unlawful or otherwise unenforceable section shall not affect the validity or enforceability of any remaining provisions herein.
27. ENTIRE AGREEMENT.
These Terms of Use represent the entire agreement between you and us regarding the use of the Services and supersede any previous agreements, understandings, or courses of dealings regarding the use of the Services.
28. ALTERNATIVE DISPUTE RESOLUTION.
(A) Procedures: You and Exotic Car Rental agree that any and all disputes, claims or controversies arising out of or related to these Terms of Use, including any claims under any statute or regulation ("Disputes"), shall be submitted first to non-binding mediation. If the Disputes are not resolved through mediation, the Disputes then shall be submitted for binding arbitration. Unless the parties agree otherwise, any mediation and/or arbitration shall take place in the State of Florida, Miami Dade County, and shall be administered by, and pursuant to the rules of, the American Arbitration Association ("AAA").
(B) Restrictions on Arbitration: Disputes shall be arbitrated on an individual basis. There shall be no right or authority for any Disputes to be arbitrated on a class action basis or in a purported representative capacity on behalf of the general public or other persons or entities similarly situated. The arbitrator's authority to resolve Disputes and to make awards is limited to Disputes between you and Exotic Car Rental alone, and is subject to the Limitations of Liability set forth in these Terms of Use. Furthermore, Disputes brought by either you or Exotic Car Rental against the other party may not be joined or consolidated in arbitration with Disputes brought by or against any third party, unless agreed to in writing by all parties. No arbitration award or decision on any Disputes shall be given preclusive effect as to issues or claims in any dispute with anyone who is not a party to the arbitration. Should any portion of this paragraph B of this Alternative Dispute Resolution section be stricken from these Terms of Use or deemed otherwise unenforceable, then this entire Alternative Dispute Resolution section shall be stricken from these Terms of Use.
(C) Enforcement: The provisions of this Alternative Dispute Resolution section may be enforced in a court of competent jurisdiction and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses (including attorney fees) incurred in obtaining the enforcement of this provision, to be paid by the party against whom enforcement is ordered.
(D) Costs of Arbitration Proceedings: The parties will be responsible for paying their respective shares of the arbitration fees (including filing, administrative, hearing and/or other fees) as provided by AAA rules, except that Exotic Car Rental will be responsible for paying all arbitration fees in connection with any Dispute it commences in arbitration or compels to arbitration.
