Last Updated: June 10, 2016
INTRODUCTION
EAN Services, LLC (Enterprise or We) provides this Website (Site) or Mobile App for your use, subject to these Terms of Use and all applicable laws and regulations. Please read these Terms of Use carefully. By accessing and/or using the Site or Mobile App, you fully and unconditionally accept and agree to be bound by these Terms of Use, including binding arbitration. If you do not agree to them, please do not visit or use the Site or Mobile App. Enterprise reserves the right to revise these Terms of Use, so please check back periodically for changes. Your continued use of the Site or Mobile App following the posting of any changes to these Terms of Use constitutes your acceptance of those changes. Updates will be evidenced by a more recent Last Updated date at the top of this page. All changes are effective immediately when We post them, and apply to use of the Website or Mobile App thereafter.
USE OF THE SITE OR MOBILE APP
Enterprise maintains the Site or Mobile App for your non-commercial personal use. Your use of the Site or Mobile App for any other purpose is permissible only upon the express prior written consent of Enterprise. Without limiting the foregoing, you may not: (1) use the Site or Mobile App in a commercial manner, including by distributing, transmitting or publishing the Site or Mobile App or any of its content; (2) interfere with others’ use of the Site or Mobile App; (3) impair the Site or Mobile App’s operation or interfere with or disrupt the servers or networks connected to it; (4) interfere with Enterprise’s intellectual property rights; (5) frame or otherwise co-brand the Site or Mobile App or any of its content; (6) deep-link to any portion of the Site or Mobile App; or (7) use the Site or Mobile App for any illegal purpose. We reserve the right in our sole discretion to terminate or restrict your use of the Site or Mobile App, without notice, for any or no reason, and without liability to you or any third party. In such event, we may inform your Internet service provider of your activities and take appropriate legal action.
SITE OR MOBILE APP MODIFICATIONS
We reserve the right, in our sole discretion, to modify, suspend or discontinue any part of the Site or Mobile App at any time, without notice or liability to you or any third party. We also reserve the right, in our sole discretion, to impose limits on certain features and services.
PRIVACY POLICY
Enterprise takes your privacy seriously. Any information submitted on or collected through the Site is subject to our Privacy Policy, the terms of which are incorporated into these Terms of Use.
LINKS TO OTHER SITES OR MOBILE APPS
The Site or Mobile App may include links to third-party Websites or Mobile Apps. Enterprise does not control and is not responsible for the content or privacy policies of any linked site or mobile app, and the inclusion of any link on the Site or Mobile App does not imply our endorsement of it.
RESERVATIONS AND TRANSACTIONS
All reservations and transactions made through the Site or Mobile App are subject to Enterprise’s acceptance, which is in our sole discretion. Without limitation, this means that Enterprise may refuse to accept or may cancel any reservation or transaction, whether or not the reservation or transaction has been confirmed, for any or no reason, in our sole discretion, and without liability to you or any third party. Rental contracts between Enterprise and website users are exclusively entered into at branch locations of Enterprise and its affiliates and their respective franchisees and are not entered into through this Site.
ELECTRONIC COMMUNICATIONS
By using the Site or Mobile App, you consent to receiving electronic communications and notices from Enterprise. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
INTELLECTUAL PROPERTY
All copyrightable text, graphics, sound, downloads, software and other material (collectively, the “Content”), the selection, compilation, arrangement and presentation of all materials, and the overall design of the Site or Mobile App are copyrighted by Enterprise and are protected by law. All rights reserved. You may print a copy of the Content on your computer only for your own personal, non-commercial home use, provided that you do not remove any copyright, trademark or other proprietary notices from the Content. Any other use of the Content is strictly prohibited, unless you have our prior written permission. The Site or Mobile App may also contain content that is owned by third parties, including our advertisers. You may use such third-party content only as expressly authorized by the applicable owner. All requests for permission to reprint or make any other use of the Content should be addressed to Intellectual Property Manager, Copyright Reprint Permission, 600 Corporate Park Drive, St. Louis, Missouri 63105 or nicadmin@erac.com. Enterprise does not warrant that your use of materials displayed on or linked to the Site or Mobile App will not infringe the rights of third parties.
ENTERPRISE, the “e” logo, WWW.ENTERPRISE.COM, ENTERPRISE.COM, WE’LL PICK YOU UP, ARMS, ECARS, MONTH OR MORE, CORPORATE CLASS, EVERYDAY SALE are included in the family of trademarks and service marks owned by Enterprise(this is not an all-inclusive list of Enterprise’s trademarks and service marks). Trademarks and service marks designated with the “®” symbol are registered with the U.S. Patent and Trademark Office and with numerous foreign countries. Other trademarks and service marks belonging to Enterprise may be designated with the “SM” or “TM” symbols. Our trademarks and service marks may not be used in connection with any product or service without our prior written permission. All other brands, trademarks and names not owned by Enterprise that appear on the Site or Mobile App are the property of their respective owners, who may or not be affiliated with, connected to or endorsed by Enterprise.
Enterprise has a number of pending patent applications, both US and foreign, covering various aspects of this Site or Mobile App, and users are cautioned from copying, adopting, using or otherwise borrowing any techniques, menu operations, or other functional aspects or features as doing so may well result in liability for patent infringement.
CLAIMS OF COPYRIGHT INFRINGEMENT
If you in believe that materials posted on the Site or Mobile App violate your intellectual property rights, please contact Enterprise at Intellectual Property Manager, Intellectual Property Questions, 600 Corporate Park Drive, St. Louis, Missouri 63105 or nicadmin@erac.com. Please include: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other proprietary interest; (2) a description of the copyrighted work or other protected material that you claim has been infringed upon; (3) a description of where the material is located on the Site or Mobile App; (4) your address, telephone number and e-mail address; (5) your statement that you have a good faith belief that the disputed use is not authorized by the copyright or other interest owner, its agent or the law; and (6) your statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or other interest owner or are authorized to act on the owner’s behalf.
USE OF INFORMATION SUBMITTED
You agree that Enterprise is free to use any comments, information or ideas contained in any communication you may send to us, without compensation, acknowledgement or payment to you, for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Site or Mobile App or other products or services.
NO WARRANTY
While we use our reasonable efforts to maintain the accuracy and reliability of the Site or Mobile App, we do not warrant or represent that it will always function or be error-free. We assume no responsibility or liability for errors or omissions on the Site or Mobile App or for problems with its operation. Your access and use of the Site or Mobile App are at your own risk. Without limiting the foregoing, THE SITE OR MOBILE APP, ITS CONTENT AND ANY PRODUCT OR SERVICE OFFERED THROUGH IT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of certain warranties, so the above may not apply to you.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ENTERPRISE, ITS RELATED COMPANIES, AND EACH SUCH COMPANY’S DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE OR INABILITY TO USE THE SITE OR MOBILE APP, ANY INFORMATION PROVIDED BY THE SITE OR MOBILE APP OR ANY TRANSACTION ENTERED INTO THROUGH THE SITE OR MOBILE APP.
The foregoing limitation of liability is not applicable to residents of New Jersey. With respect to residents of New Jersey, Enterprise, its related companies, and each such company’s directors, officers, employees and agent are not liable for any damages unless such damages are the result of our negligent or reckless acts or omissions; and We are not, in any case liable for indirect, incidental, special, consequential or punitive damages.
Some jurisdictions do not allow the exclusion of certain damages, so the above may not apply to you. If any authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law.
INDEMNITY
You agree to indemnify and hold Enterprise and its related companies and each of their respective directors, officers, employees and agents harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and costs, arising, directly or indirectly, in whole or in part, out of your violation of any law or the rights of any person.
BINDING ARBITRATION
You agree that any controversy or claim arising out of or relating to the Site or Mobile App or use of the Site or Mobile App or these Terms, other than claims relating to infringement of copyright or other intellectual property, may only be settled by binding arbitration in accordance with the Paragraph or alternatively, you may assert your claims in small claims court if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The arbitration must be held in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by the parties, in accordance with the applicable procedural rules set forth in the then prevailing Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The JAMS Rules and Procedures are available at www.jamsadr.com or by calling (800) 352-5267. The arbitrator must be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Missouri law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. If you initiate arbitration against Enterprise, you will not be responsible for professional fees for the arbitrator’s services or any other JAMS fees. If You are able to demonstrate that the costs of arbitration will be cost-prohibitive or greater than the costs of litigation, Enterprise will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive or more expensive than the cost of litigation. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision remains in effect and must be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision is null and void, and neither You nor Enterprise is entitled to arbitrate their dispute. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH MUST BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.
BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION.
DISPUTES
These Terms of Use are governed by and construed in accordance with the laws of the State of Missouri, United States of America, without regard to its conflict of law principles. Any action to enforce these Terms of Use regarding a claim not subject to binding arbitration must be brought in the federal court in the Eastern District of Missouri or the state courts located in St. Louis County, Missouri. By using the Site or Mobile App, you consent to the jurisdiction and venue of these courts. Except where prohibited, you agree that any and all disputes, claims and causes of action directly or indirectly arising out of the Site or Mobile App must be resolved individually, without resort to any form of class action. This limitation does not apply to residents of New Jersey. Any claim or cause of action you may have with respect to the Site or Mobile App must be commenced within one (1) year after the claim or cause of action arises, regardless of any law to the contrary. This limitation does not apply to residents of New Jersey.
GENERAL
If any provision of these Terms of Use is held to be invalid or unenforceable, that provision must be construed consistent with applicable law, and the remaining provisions must be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope of such section. Our failure to enforce any provision of these Terms of Use shall not constitute a waiver of that or any other provision. These Terms of Use set forth the entire agreement between you and Enterprise in connection with your use of the Site or Mobile App.
CONTACT US
If you have any questions about these Terms of Use, please contact us at https://enterprise.custhelp.com/app/ask_dynamic.
