READYPASS℠ TERMS AND CONDITIONS
 

1. Introduction. 

1.1. Contracting Parties:  These Terms and Conditions (“Contract”) of the ENTERPRISE READYPASS℠ Program (“Program”) are entered into between the customer successfully enrolled into the Program (“Participant”, “you”, and “your”) and EAN Services, LLC, 600 Corporate Park Drive, St. Louis, Missouri 63105 (“Administrator”, “us” and “our”). 
1.2. Nature of the Program:  You acknowledge that the Program may be of a short duration and will be subject to frequent changes.  As a result, Administrator reserves broad rights to change, modify, amend, or terminate the Program, this Contract, and your Participation (as defined below), all in accordance with the terms of this Contract. 

2. Eligibility and Invitation. 

2.1. Eligibility: Because of the nature of the Program and the services offered as part of the Program, you must meet the following eligibility criteria to enroll as a Participant: (i) be at least 25 years old, (ii) be duly enrolled in the Emerald Club and/or Enterprise Plus loyalty programs, (iii) hold a valid driver's license duly issued by a Qualifying Jurisdiction, and (iv) have a Qualifying Reservation at a Participating Rental Location. 
2.2. Invitation: If you meet the eligibility criteria set out in Section 2.1 above, Administrator may invite you to participate in the Program.  Administrator may send the invitation by email, text message, and/or notification through the Enterprise Plus app ("App").  Receiving an invitation does not guarantee that you will become a Participant.  To become a Participant, you must successfully complete all of the enrollment steps in Section 3 below. 
2.3. Definitions: For purposes of this Contract, the term: (i) “Participating Rental Location” means all Enterprise Rent-A-Car brand rental locations in the Qualifying Jurisdictions. (ii) "Qualifying Jurisdiction" means each jurisdiction listed here for whose residents the Program is currently available. (iii) "Qualifying Reservation" means a reservation made through an Enterprise website or the App for a rental that (1) is not pre-paid, (2) will begin 24 hours or more after the reservation is made, (3) will be completed within the Program term, and (4) will be fulfilled at a Participating Rental Location in the Participant's Qualifying Jurisdiction of residence, unless otherwise permitted by Administrator.  By way of example, a Qualifying Reservation for a Participant residing in the United States must be fulfilled by a Participating Rental Location in the United States. (iv) “United States” means the 50 states, District of Columbia, and Puerto Rico.
 

3.  Enrollment.  

3.1. Enrollment Path: You may enroll to join the Program by successfully completing the enrollment path that will be linked in your invitation.  If you are not already an Enterprise Plus member, accessing the enrollment path will require that you download the App and agree to its Terms of Use, which may be found here.  As part of the enrollment path, you must (a) submit personal information to us or a third party designated by us that may include, but is not limited to, your name, email address, phone number, date of birth, driver's license number, and credit card information, and (b) accept the terms of this Contract.  Subject to our Privacy Policy described in Section 4.3 below, we will use third parties (including, but not limited to, LexisNexis for purposes of fraud prevention) or in some cases you will submit the information directly to such third parties for the purpose of facilitating the transaction.  If, in Administrator's sole discretion, you have successfully completed the enrollment path, Administrator will confirm your participation in the Program (“Participation”), at which point in time you and Administrator become bound by this Contract.  
3.2. Your Profile:  The information you provide during the enrollment process may be used to supplement your existing Emerald Club and/or Enterprise Plus profile, as applicable, with your Program account on the App (“Profile”).  You are required to provide Administrator with true, current and accurate information in your Profile, including your name, address, telephone number, email address, driver’s license and credit card information. You are required to promptly update your Profile or otherwise notify Administrator if any of the information contained in your Profile has changed. If you update your email address on your Profile at any time through a rental transaction, Administrator may rely on the updated email address for future communications under this Contract.  If your Participation number or any credit card listed in your Profile (a) is lost, stolen or invalidated, (b) you suspect it is being used without your permission, or (c) expires, you will promptly notify Administrator.  It is your responsibility to notify Administrator of any such changes and Administrator is entitled to rely upon any and all information provided by you and contained in your Profile as being current and accurate.  The information contained in your Profile will be part of any Rental Contract (as defined below). Administrator may update your Profile as necessary to correct contract ID numbers. 
3.3. Other Contracts: You acknowledge that, as a Participant, you are subject to the App Terms of Use and either or both of the Enterprise Plus Terms and Conditions and Emerald Club Program Rules and Conditions, as applicable based on your membership in those programs.  In the event of a conflict between this Contract and any such other contract, the provisions of this Contract shall control.  In addition: (i) In the event of a conflict between this Contract and anything displayed during the process of making a Qualifying Reservation, the provisions of this Contract shall control.  (ii) In the event of a conflict between anything displayed during the check-in process described in Section 5 below and anything displayed during the process of making a Qualifying Reservation, the information displayed during the check-in process shall control. 

4.  Consents and Acknowledgments. 

4.1. Electronic Communications:  To the fullest extent permitted by applicable law, this Contract and any notices or other communications regarding your Profile, the Program, or your Participation (“Communications”) may be provided to you electronically and you expressly agree to receive Communications in an electronic form to the most recent email address or telephone number in your Profile.  All Communications in either electronic or paper format will be considered to be in “writing”.  All Communications will be considered to have been received no later than 5 business days after they were sent, whether or not you have actually received or retrieved the Communications.  Without limiting anything contained in Section 3.2, you expressly agree that it is your sole responsibility to keep your email address and telephone number current and up-to-date and that Administrator may reasonably assume that any Communications sent by Administrator to the email address or telephone number in your Profile will be received by you. 
4.2. Transactional/Marketing emails:  Administrator, its affiliates and/or their agents may provide to you certain transactional and marketing emails as a benefit of Participation.  Transactional emails may include, but are not limited to, the following: (a) confirmations of reservation requests and reservation request reminders, (b) notifications of modifications to a reservation request or Rental Contract, (c) a monthly statement detailing your rental activity, (d) arrival alerts containing directions and pertinent information, (e) return alerts confirming your return time and providing pertinent information regarding your return location, (f) tolls and charges, and (g) notification of an expired driver’s license or credit card.
4.3. Privacy Policy of Administrator:  All personal information provided by you, whether as a result of enrolling in the Program or otherwise in connection with the Program, is subject to the terms and conditions of Administrator's privacy policy, which is available at privacy.ehi.com (the “Privacy Policy”).  Administrator reserves the right to amend the Privacy Policy from time to time, in its sole discretion.  In the event of a change to the Privacy Policy, Administrator shall provide notice to Participants in the manner set forth in the Privacy Policy.  If you disagree with any of the terms and conditions of the Privacy Policy, you may terminate your Participation in accordance with Section 8.2 below.
 

5.  Check-In Process. 

5.1. Check-In:  In advance of a Qualifying Reservation, you will receive a Communication asking you to check-in via the App.  As part of such check-in, you must (i) confirm the date, time, Participating Rental Location, and car class for your Qualifying Reservation (including an opportunity to upgrade car class), (ii) submit an image of your driver's license to us or a third party designated by us, (iii) accept or decline protections and extras, and (iv) electronically agree to the rental contract ("Rental Contract") that will incorporate information provided by you during check-in and govern the rental between you and Administrator's affiliate that operates the Participating Rental Location ("Owner").  For purposes of clarification, references to the “Rental Agreement Summary” or “Summary” in the Rental Contract shall also include information provided by you as well as information presented to you during check-in.  Subject to our Privacy Policy described in Section 4.3, we will use third parties (including, but not limited to, LexisNexis for purposes of fraud prevention) or in some cases you will submit the information directly to such third parties for the purpose of facilitating the transaction.  You expressly acknowledge and agree that any changes to your Qualifying Reservation, including, but not limited to, upgrades, protections, and extras, as well as changes to pick up or drop off dates, times, or locations, may result in (1) increased charges and fees associated with your Qualifying Reservation, and/or (2) your Qualifying Reservation falling outside the scope of the Program.  Once you complete check-in, you will receive a check-in confirmation in the App.  If you do not complete check-in via the App, you must check-in upon arrival at the Participating Rental Location and your Qualifying Reservation will fall outside the scope of the Program.  
5.2. Rental Contracts:  Participation does not guarantee your ability to rent vehicles from Owner.  All rentals remain subject and subordinate to availability and any applicable qualifications and rental conditions.  In addition, all reservation requests are non-binding for Participant and Owner.  Owner does not have any duty or obligation to keep any reserved vehicles available. 
5.3. Payment Authorization: Prior to finalizing the check-in process, your estimated charges will be displayed for your confirmation.  By electronically agreeing to the Rental Contract, you authorize Owner to charge the credit card in your Profile all amounts owed under the Rental Contract for advance deposits, incremental authorizations / deposits, and any other amounts owed by you, as well as payments refused by a third party to whom billing was directed, all pursuant to the terms of the Rental Contract.  You also authorize Owner to re-initiate any charge to your credit card that is dishonored for any reason. 

6.  Rental Pick-Up Process. 

6.1. Pick-Up: On the day of your Qualifying Reservation, Administrator will send you a notification to open the App and view instructions on how to pick up your rental car.  Once at the Participating Rental Location, you should proceed directly to the lot and select a car within your confirmed car class.  You may be required to show your check-in confirmation and driver's license to Owner's personnel.  Changes to your Qualifying Reservation at the time of pick-up may require you to enter into a new Rental Contract at the Participating Rental Location and may cause your Qualifying Reservation to fall outside the scope of the Program. 
6.2. Inspection and Damage Report:  Prior to leaving the lot in your rental car, you should thoroughly inspect the car and report any existing damage to Owner's personnel.
 

7.  Changes to the Program and this Contract. 

7.1. Changes and Amendments: Given the nature of the Program, its features, characteristics, and benefits will change and evolve over time.  Accordingly, Administrator reserves the unilateral right to change, modify, or amend the provisions of this Contract in its sole discretion at any time by providing notice to Participant in accordance with Section 4.1 above.  Any such change, modification, or amendment will become effective 5 business days after the corresponding notice is sent, unless otherwise expressly stipulated in this Contract.  You may obtain a free copy of the latest version of the Contract by contacting us through one of the methods noted in Section 15.  
7.2. Declining Changes: Participants must terminate their Participation in accordance with Section 8.2 below in order to decline any change, modification, or amendment of this Contract or the Program. 
7.3. For Participants residing in Canada, Administrator specifically reserves the right, upon notice, to unilaterally amend the provisions of this Contract.  The Administrator will give at least 60 days’ notice of any changes to this Contract and specify the pending changes.  If a Participant does not accept any change, Participant may terminate Participation in the Program by providing notice in accordance with this Contract. 
 

8.  Term and Termination of Participation. 

8.1. Term: Participation commences when Administrator confirms you as a Participant as governed in Section 3.1 above and remains in effect until either you or Administrator terminate your Participation in accordance with this Section 8.  No payment or other monetary consideration is required for Participation, and Participant will not receive any type of compensation for participating in the Program. 
8.2. Termination by Participant: Participant has the right to terminate Participation at any time for any reason or no reason at all by giving notice to Administrator in accordance with one of the options noted in Section 15.  Termination of Participation is effective immediately upon receipt of such notice by Administrator. 
8.3. Termination by Administrator: Administrator reserves the right to terminate Participation at any time for any reason or no reason at all, in Administrator’s sole discretion, by giving written notice to such Participant pursuant to Section 4.1 above.  Termination of Participation is effective upon 5 business days after the corresponding notice is sent.  For Participants residing in Canada, Administrator may terminate Participation upon sixty (60) days’ notice pursuant to Section 4.1 above. 
8.4. Termination of this Contract: Termination of Participation also terminates this Contract as between the terminated Participant and Administrator, effective at the same time as termination of Participation; provided, however, Sections 9 - 14 shall survive any termination of Participation, this Contract, or the Program. 
8.5. Profile: In case of termination of Participation, Participant’s Profile will be dissolved and will no longer be accessible to Participant. 
8.6. Termination of Program: In addition to any other rights it may have under this Contract or applicable law, Administrator reserves the right to terminate, restrict, or suspend the Program at any time and for any reason in its sole discretion.  Termination of the Program also automatically terminates Participation and this Contract.
 

9. Trademarks, Logos and Service Marks:  “READYPASS”, “Enterprise Plus”, “Emerald Club”, “Enterprise Rent-A-Car”, and all associated trademarks, logos and service marks, along with the contents, structure, and features of the Program (“Administrator Intellectual Property”) are the exclusive property of Administrator and its affiliates.  Nothing contained in this Contract or by your enrollment or Participation should be construed as granting, by implication, estoppel, or otherwise, any license, interest, or right in or to any of the Administrator Intellectual Property. 
 

10. Applicable Law. 
 

10.1 This Contract: For Participants residing in the United States, this Contract shall be governed, construed and interpreted in accordance with the laws of the State of Missouri without giving effect to any choice or conflict of law provision or rule (whether of the State of Missouri or any other jurisdiction) that would cause the application of laws of any other jurisdiction.  For Participants residing in Canada, this Contract shall be governed, construed and interpreted in accordance with the laws of the province or territory in which Participant resides and the laws of Canada applicable therein.  To the extent to which Section 12 is prohibited by applicable law, this Contract shall be subject to the exclusive jurisdiction of the courts of the province or territory in which Participant resides for the resolution of any disputes arising out of this Contract. 
10.2 Rental Contract: Notwithstanding the foregoing or in the Rental Contract, the Rental Contract shall be governed by the laws of the jurisdiction in which Participant picks up the car.  In the event of a conflict between the governing law provisions of this Contract and the Rental Contract, the provision of this Contract shall control.
 

11.  DISPUTE RESOLUTION PROVISION - MANDATORY ARBITRATION AGREEMENT (UNITED STATES RESIDENTS ONLY):  YOU AND ADMINISTRATOR EACH WAIVE THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION PURSUANT TO THE FOLLOWING TERMS.  YOU AND ADMINISTRATOR AGREE TO ARBITRATE ANY AND ALL CLAIMS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER ARISING OUT OF OR RELATING IN ANY WAY TO THIS CONTRACT, INCLUDING BUT NOT LIMITED TO, CLAIMS RELATING TO ADMINISTRATOR’S PRODUCTS AND SERVICES, CHARGES, ADVERTISINGS, OR RENTAL VEHICLES.  FOR THE PURPOSES OF THIS DISPUTE RESOLUTION PROVISION, “YOU” ALSO INCLUDES ANY OF YOUR AGENTS, BENEFICIARIES, ASSIGNS, OR ANYONE ACTING ON BEHALF OF THE FOREGOING, AND “ADMINISTRATOR” ALSO INCLUDES ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES, PARENTS, SUBSIDIARIES, BENEFICIARIES, ASSIGNS, AND VENDORS, INCLUDING BUT NOT LIMITED TO ITS SERVICE PROVIDERS AND MARKETING PARTNERS.  YOU AND ADMINISTRATOR AGREE THAT NO CLAIMS WILL BE PURSUED OR RESOLVED AS A PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION OR PROCEEDING, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON A CLASS-WIDE, COLLECTIVE, OR CONSOLIDATED BASIS, AND THAT NO RULES OR OTHER PROCEDURES FOR CLASS-WIDE OR COLLECTIVE ARBITRATION WILL APPLY.  This Dispute Resolution Provision is to be broadly interpreted and applies to all Claims based in contract, tort, statute, or any other legal theory, and all Claims that arose prior to or after termination of this Contract or the Master Rental Contract.  However, the parties agree that either party may bring an individual action in a small claims court with valid jurisdiction, provided that the action remains in that court (other than any appeal of the small claims court ruling), is made on behalf of or against you only and is not made part of a class action, private attorney general action or other representative or collective action.  The parties also agree that claims against or by a third-party insurance company ostensibly providing coverage to you or any AAD or the application of Administrator’s financial responsibility relating to the use or operation of Vehicle may be brought in a court with valid jurisdiction. 

(1) Procedure:  A party must send a written Notice of Dispute (“Notice”) describing (a) the nature and basis of the claim; and (b) the relief sought, to the other party.  The Notice to Administrator should be addressed to: CT Corporation, 208 S LaSalle, Suite 814, Chicago, IL 60604 (“Notice Address”).  If you and Administrator do not resolve the claim within thirty (30) days after the Notice is received, a party may commence an arbitration by filing a demand for arbitration with the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules.  Claims will be resolved pursuant to the AAA’s Consumer Arbitration Rules in effect at the time of the demand, as modified by this Contract. However, a single arbitrator will be selected according to AAA’s Commercial Arbitration Rules.  The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or Administrator that an in-person hearing is appropriate.  Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances.  If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator.  The AAA rules are available online at www.adr.org.  Except as required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any dispute or arbitration hereunder without the prior written consent of both parties. 
(2) Arbitrator’s Authority:  The arbitrator is bound by the Contract, this Dispute Resolution Provision, the Federal Arbitration Act (“FAA”) and AAA’s Consumer Arbitration Rules.  The arbitrator has no authority to join or consolidate claims, or adjudicate joined and consolidated claims.  The arbitrator has exclusive authority to resolve any dispute relating to the scope, interpretation, applicability, enforceability or formation of this Contract, including whether it is void.  The parties agree that the arbitrator’s decision and award will be final and binding and may be confirmed or challenged in any court with jurisdiction as permitted under the FAA.  The arbitrator can award the same damages and relief as a court, but only in favor of an individual party and for a party’s individual claim. 
(3) Arbitration Costs:  You will be responsible for your share of any arbitration fees (e.g., filing, administrative, etc.), but only up to the amount of filing fees you would incur if the claims were filed in court.  Administrator will be responsible for all additional arbitration fees.  You are responsible for all other costs/fees that you incur in arbitration, e.g., fees for attorneys, expert witnesses, etc.  You will not be required to reimburse Administrator for any fees unless the arbitrator finds that the substance of your claim(s) or the relief sought is frivolous.  If the arbitrator makes such a finding, AAA Rules will govern the payment of all fees, and Administrator may seek reasonable attorney’s fees.  Administrator will pay all fees and costs it is required by law to pay. 
(4) Governing Law and Enforcement:  Notwithstanding anything in this Contract, this Dispute Resolution Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the FAA, 9 U.S.C. §§ 1-16.  This Dispute Resolution Provision was drafted in compliance with the laws in all states, however, if any portion of it is deemed to be invalid or unenforceable or is found not to apply to a claim, the remainder of the Dispute Resolution Provision remains in full force and effect.  Provided, however, if the class-arbitration waiver provision is deemed unenforceable, any class action claim(s) must proceed in a court of competent jurisdiction.
 

12.  DISPUTE RESOLUTION PROVISION - MANDATORY ARBITRATION AGREEMENT (CANADIAN RESIDENTS ONLY):  UNLESS PROHIBITED BY APPLICABLE LAW, YOU AND ADMINISTRATOR EACH WAIVE THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION PURSUANT TO THE FOLLOWING TERMS.  YOU AND ADMINISTRATOR AGREE TO ARBITRATE ANY AND ALL CLAIMS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER ARISING OUT OF OR RELATING IN ANY WAY TO THIS CONTRACT, INCLUDING BUT NOT LIMITED TO, CLAIMS RELATING TO ADMINISTRATOR’S PRODUCTS AND SERVICES, CHARGES, ADVERTISINGS, OR RENTAL VEHICLES.  FOR THE PURPOSES OF THIS DISPUTE RESOLUTION PROVISION, “YOU” INCLUDES ANY OF YOUR AGENTS, BENEFICIARIES, ASSIGNS, OR ANYONE ACTING ON BEHALF OF THE FOREGOING, AND “ADMINISTRATOR” INCLUDES ANY OF ADMINISTRATOR’S EMPLOYEES, AGENTS, AFFILIATES, PARENTS, SUBSIDIARIES, BENEFICIARIES, ASSIGNS, AND ITS SERVICE PROVIDERS AND MARKETING PARTNERS.  YOU AND ADMINISTRATOR AGREE THAT NO CLAIMS WILL BE PURSUED OR RESOLVED AS PART OF A CLASS ACTION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON A CLASS-WIDE, COLLECTIVE, OR CONSOLIDATED BASIS, AND THAT NO RULES FOR CLASS-WIDE OR COLLECTIVE ARBITRATION WILL APPLY.  This Dispute Resolution Provision is to be broadly interpreted and applies to all Claims based in contract, tort, statute, or any other legal theory, and all Claims that arose prior to or after termination of this Contract or the Master Rental Contract.  However, the parties agree that either party may bring an individual action in a small claims court with valid jurisdiction, provided that the action remains in that court, is made on behalf or against you only and is not made part of a class action, or other representative collective action.  The parties also agree that claims involving a third-party insurance company ostensibly providing coverage to you or any AAD or the application of Administrator’s financial responsibility relating to the use or operation of Vehicle may be brought in a court with valid jurisdiction.

(1) Procedure:  A party must send a written Notice of Dispute (“Notice”) describing (a) the nature and basis of the claim; and (b) the relief sought, to the other party.  The Notice to Administrator should be addressed to: Baker & McKenzie LLP, Brookfield Place, Suite 2100, 181 Bay Street (PO Box 874), Toronto, Ontario Canada – M5J 2T3 (“Notice Address”).  If you and Administrator do not resolve the claim within thirty (30) days after the Notice is received, either party may commence an arbitration by filing a Notice of Arbitration with the International Centre for Dispute Resolution Canada (“ICDR Canada”) pursuant to its ICDR Canada Arbitration Rules.  Claims will be resolved pursuant to the ICDR Canada’s Arbitration Rules in effect at the time of the Notice of Arbitration, as modified by this Contract.  The number of arbitrators shall be one.  The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request of a party that an in-person hearing is appropriate.  Any in-person appearances will be held at a location which is reasonably convenient for both parties.  If the parties are unable to agree on a location, such determination shall be made by the arbitrator or ICDR Canada.  The ICDR Canada Rules are available online at www.icdr.org.  The language of the arbitration shall be English.  Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all parties. 
(2) Arbitrator’s Authority:  The arbitrator is bound by the Contract, this Dispute Resolution Provision, the applicable domestic arbitration act (“Domestic Arbitration Act”) and ICDR Canada’s Arbitration Rules.  The arbitrator has no authority to join or consolidate claims, or adjudicate joined and consolidated claims.  The arbitrator has exclusive authority to resolve any dispute relating to the scope, interpretation, applicability, enforceability or formation of the Contract, including whether it is void.  The parties agree that the arbitrator’s decision and award will be final and binding.  The arbitrator can award the same damages and relief as a court, but only in favor of an individual party and for a party’s individual claim. 
(3) Arbitration Costs:  You will be responsible for your share of any arbitration fees (e.g., filing, administrative, etc.), but only up to the amount of filing fees you would incur if the claims were filed in court.  Administrator will be responsible for all additional arbitration fees.  You are responsible for all other costs/fees that you incur in arbitration, e.g., fees for attorneys, expert witnesses, etc.  You will not be required to reimburse Administrator for any fees unless the arbitrator finds that the substance of Participant’s claim(s) or the relief sought is frivolous.  If the arbitrator makes such a finding, ICDR Canada Rules will govern the payment of all fees, and Administrator may seek reasonable attorney’s fees.  Administrator will pay all fees and costs it is required by law to pay. 
(4) Governing Law and Enforcement:  The Domestic Arbitration Act of the provincial or territorial judicial district of the rental location applies to this Dispute Resolution Provision and governs whether a claim is subject to arbitration.  If any portion of the Dispute Resolution Provision is deemed to be invalid or unenforceable or is found not to apply to a claim, the remainder of the Dispute Resolution Provision remains in full force and effect.  Provided, however, if the class-arbitration waiver provision is deemed unenforceable, any class action claim(s) must proceed in a court of competent jurisdiction.
 

13. Limitation of Liability: Administrator shall not be liable to Participant for any incidental, indirect, consequential, special, or punitive damages, or lost profits, goodwill, savings, or use, of any kind or nature arising out of, or relating to the performance, breach, or termination of this Contract, the Program, or any services, whether such damage or loss is foreseeable or not, whether Participant has been advised of the possibility thereof or not, and whether such liability is asserted on the basis of contract, tort (including negligence or strict liability), or otherwise. 

14. Severability: If any provision of this Contract is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the provisions herein will remain in full force and effect and will be liberally constructed to effectuate the purpose and intent of this Contract. 

15. Questions: In case of complaints, comments or questions please contact our customer service center by (i) calling one of the numbers listed in the table below (depending on your country of residence, this call may be an international call, and may be subject to the relevant charges depending on your carrier), (ii) contacting us by mail at 600 Corporate Park Dr, St. Louis, MO 63105, or (iii) contacting us through our website at one of the URLs listed in the table below.
 

Canada
1-844-307-8009
https://www.enterprise.ca/en/help/contact.html

 

United States
1-833-473-0276
https://www.enterprise.com/en/help/contact.html