TERMS OF USE (US, CA)

Enterprise Rent-A-Car
Website or Mobile App Terms of Use
Last Updated: 02/18/2010


INTRODUCTION

Enterprise Rent-A-Car (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. 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.

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.

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.

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. 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.

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.

INTELLECTUAL PROPERTY

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 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, 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.

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 best 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. 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 access or use of the Site or Mobile App or your violation of any law or the rights of any person.

DISPUTES

These Terms of Use shall be 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 shall 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 shall be resolved individually, without resort to any form of class action. 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.

GENERAL

If any provision of these Terms of Use is held to be invalid or unenforceable, that provision shall be construed consistent with applicable law, and the remaining provisions shall 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 nicadmin@erac.com.