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TERMS OF USE


MODIFIED: JUNE, 2016

EAN Services, LLC (National 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. National 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 Site thereafter.

 


USE OF THE SITE OR MOBILE APP

National 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 National. 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 National'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.

 


SCRAPERS AND BOTS

Use of any robot, spider, site search, retrieval application or other manual or
automatic device to retrieve, index, scrape, data mine or in any way gather or
extract discount coupons or other content on or available through the Site or
Mobile App or reproduce or circumvent the navigational structure or presentation
on the Site or Mobile App without National's express written consent is
prohibited.

 


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

National 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.
National 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 National's acceptance, which is in our sole discretion. Without
limitation, this means that National may refuse to accept or may cancel any
reservation or transaction, whether or not the reservation or transaction has
been confirmed, for any or no reason, in our sole discretion, and without
liability to you or any third party.  Rental contracts between National and
website users are exclusively entered into at branch locations of National and
its affiliates and their respective franchisees and are not entered into through
this Site.

 


COUPONS

National provides specific discount coupons from time to time for the exclusive
use of employees or members of specific entities with which National has a
contractual relationship. These entity-specific coupons and the proprietary
codes affixed on them are our proprietary property and may only be used by the
employees or members of the specific entities for which the coupons apply.
UNAUTHORIZED USE OR DUPLICATION OF ANY OF OUR ENTITY-SPECIFIC DISCOUNT COUPONS
IS STRICTLY PROHIBITED.


 


ELECTRONIC COMMUNICATIONS

By using the Site or Mobile App, you consent to receiving electronic
communications and notices from National. 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 Vanguard Trademark Holdings USA LLC 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 netadmin@nationalcar.com. National 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 National at Intellectual Property
Manager, Intellectual Property Questions, 600 Corporate Park Drive, St. Louis,
Missouri 63105 or netadmin@nationalcar.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.

 

The NATIONAL, National Car Rental, the flag design and Emerald Club marks are
included in the family of trademarks and service marks owned by National (this
is not an all-inclusive list of National'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 National 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 National that appear on the Site
are the property of their respective owners, who may or not be affiliated with,
connected to or endorsed by National.

 

National 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 National 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 NATIONAL, 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, ANY INFORMATION
PROVIDED BY THE SITE 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, National, its related
companies, and each such company’s directors, officers, employees and agents 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 National 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 arbitrations against National, you will not be responsible for
professional fees for the arbitrator’s services or any other JAMS fees.  If you
are able to demonstrated that the costs of arbitration will be cost-prohibitive
or greater than the costs of litigation, National 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 National 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 National in connection with your use of the Site or
Mobile App.

 

Entypo pictograms by Daniel Bruce — www.entypo.com

 


CONTACT US

If you have any questions about these Terms of Use, please contact us
at netadmin@nationalcar.com.


CONTACT US

If you have any questions about these Terms of Use, please contact us at
netadmin@nationalcar.com


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