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.
DISPUTE RESOLUTION PROVISION - MANDATORY ARBITRATION AGREEMENT
YOU AND NATIONAL EACH WAIVE THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION PURSUANT TO THE FOLLOWING TERMS. YOU AND NATIONAL 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 THESE TERMS OF USE, INCLUDING BUT NOT LIMITED TO, CLAIMS RELATING TO NATIONAL'S PRODUCTS AND SERVICES, CHARGES, ADVERTISINGS, RENTAL VEHICLES, VEHICLE RESERVATIONS, OR THIS SITE. 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 "NATIONAL" 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 NATIONAL AGREE THAT NO CLAIMS WILL BE PURSUED OR RESOLVED AS A PART OF A CLASS OR COLLECTIVE 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 these Terms of Use. 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 National's financial responsibility relating to the use or operation of an National rental vehicle may be brought in a court with valid jurisdiction.
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 National should be addressed to: CT Corporation, 208 S LaSalle, Suite 814, Chicago, IL 60604 ("Notice Address"). If you and National 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 these Terms of Use. 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 National 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.
ARBITRATOR'S AUTHORITY
The arbitrator is bound by these Terms of Use, 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 these Terms of Use, including whether they are 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 only 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.
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. National 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 National 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 National may seek reasonable attorney's fees. National will pay all fees and costs it is required by law to pay.
GOVERNING LAW AND ENFORCEMENT
Notwithstanding anything in these Terms of Use, 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.
APPLICABLE LAW
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, you consent to the jurisdiction and venue of these courts. Any claim or cause of action you may have with respect to the Site 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.