2. DESCRIPTION OF A1 PROPERTY2.1 A1 Property is described as any and all property, content, services, software, websites, platforms, interfaces, tools, products, data, applications, metadata, images, sound, photographs, graphics, video, streams, advertisements, messages, products, materials, telecommunication services, or technology owned by A1 and made available to you directly or indirectly by A1 or its affiliates, licensees, partners, subsidiaries, and entrusted third-party vendors.
2.2 Subject to these Terms, A1 hereby grants you a non-exclusive, non-transferable, revocable right for personal use of A1 Property as intended and permitted by A1. No other use is permitted without the prior written permission of A1. A1 and its affiliates, licensees, subsidiaries, and partners shall exclusively own and hold all right, title and interest in and to A1 Property including, without limitation, any and all intellectual property. You receive no ownership rights or other rights in A1 Property, other than rights to the use of A1 Property permitted in these Terms, and shall not directly or indirectly contest A1’s ownership of A1 Property. You may not reproduce, publish, transmit, distribute, publicly display, rent or lend, modify, license, create derivative works from, sell or participate in the sale of or exploit in any way, in whole or in part, directly or indirectly, any of the A1 content so provided.
3. YOUR ACCESS, USE, AND OBLIGATIONS3.1 Personal Use: As a User of the Website and A1 Property, your access to and the use of the Website and A1 Property is to make vehicle rental reservations, inquire about and/or purchase vehicles, and purchase or request products, services, or information described on this Website and A1 Property. You acknowledge and agree that prices, rates and availability of vehicles, services and products are subject to change without notice and that they are subject to additional terms and conditions.
3.2 You agree to provide, accurate, current, and complete information on any A1 communication platform, including but not limited to, “Online Quote Request” Website feature, “Contact Us” Website link, and through email communication.
3.3 You agree that you will not use this Website and A1 Property to: (a) transmit spam, bulk or unsolicited communications; (b) use a false identity or use someone else's identity; (c) misrepresent your affiliation with a person or entity; (d) engage in or encourage conduct that violates any applicable local, state, federal, or international law; (e) transmit software viruses or any other computer code, files or programs designed to interrupt, destroy, harm, or limit the functionality of any computer software or hardware or telecommunications equipment; (f) stalk, threaten or harass (g) evade, disable or otherwise interfere with security features and functions of the Website and A1 Property.
5. LINKS TO OTHER SITES AND ADVERTISEMENTSThe Website may contain links to third-party websites. These links are provided solely for your convenience and cannot in any way be construed or interpreted as an endorsement by A1 of the content of the third-party websites. A1 is not responsible in any way for the content of those third-party websites. The Website may also contain advertisements by third parties. A1 is not responsible for the content of those advertisements or any transactions entered into between you and a third-party advertiser for services provided by such third-party advertiser. If you decide to enter into any transactions with third-party advertisers, you do so at your own risk. A1 further does not make any representations regarding the content or accuracy of materials on third-party Websites or by third-party advertisers. If you decide to access linked third-party Websites, you do so solely at your own risk and of your own choosing.
6. ADVERTISEMENTS AND PROMOTIONSWe may allow for advertisements and promotions on the Website, including, without limitation, on behalf of third-parties. All such communication, interaction and participation is strictly and solely between you and such advertisers/third-parties and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the advertisers/third-parties or any goods or services you may purchase or obtain from any advertiser/third-party).
8. INTELLECTUAL PROPERTY RIGHTS8.1 Copyright. We own the copyright(s) to the arrangement and information on the Website and A1 Property. You agree not to reproduce, link to, modify, copy, lease, loan, sell, distribute, store, publish, display, download, transmit, imitate, or create derivative works of A1 content and/or A1 Property, in whole or in part.
8.2 Copyright Infringement. If you are a copyright owner or an agent thereof and believe that any content on the Website infringes upon your copyright(s), you may submit a notification pursuant to the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), by providing our Designated Agent the following information in writing:
- Your contact information, including your name, address, telephone number, and email address;
- The identification, description and location of each copyrighted work that you claim has been infringed;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owners; and
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
Name of Designated Agent: Andrew W. Urias, PLLC
Contact Information for Designated Agent:
Andrew W. Urias, PLLC
17470 N. Pacesetter Way
Scottsdale, Arizona, 85255
Upon receipt of an infringement notification by the Designated Agent, it is our policy to remove infringing material from the Website and A1 Property. Please note any correspondence, communication, and information provided to us through a notification of infringement may be shared with third parties. Any person sending a notification of infringement is hereby notified that under Section 512(f) of the DMCA, any person who knowingly sends meritless notices of infringement may be liable for damages.
8.3 Trademarks. “Trademarks" refers to all names, marks, brands, logos, designs, trade dress, slogans and other designations A1 uses in connection with the Website, A1 Property and services. You agree to comply with A1's trademark usage requirements as may be in effect from time to time. You may not use, remove or alter any A1 trademarks without A1’s prior written consent. You agree not to incorporate any A1 Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related information website, products, services or technologies.
9. ASSIGNMENTThese Terms, and any rights, licenses and privileges granted herein, may not be transferred or assigned by you, but may be assigned or transferred by A1 without restriction and without notice to you.
10. INDEMNITYYou agree to indemnify and hold A1, its employees, officers, directors, agents, affiliates, subsidiaries, and other partners and their employees, harmless from and against any and all claims, demands, actions, liabilities, losses, expenses, damages, costs and reasonable attorneys’ fees due to or arising directly or indirectly out of or relating to: (a) your use of the Website, A1 Property and/or A1 services, (b) your engagement in transactions on this Website, and (c) your violation of any of these Terms. A1 reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and all negotiation for its settlement or compromise (as applicable), and in each such case, you agree to fully cooperate with us upon our request.
11. LEGAL DISPUTES11.1 Jurisdiction: This Agreement is governed by the laws of the state of Arizona and shall be subject to the exclusive jurisdiction of the courts in Phoenix, Arizona in the County of Maricopa. The offer and acceptance of this Agreement is deemed to have occurred in the State of Arizona. You agree that any dispute arising from or relating to this Agreement will be heard solely by a court in Phoenix, Arizona in the County of Maricopa. You further agree that the prevailing party is entitled to all of its reasonable attorneys' fees and court costs from the unsuccessful party in any dispute.
11.2 Mediation: Prior to the filing of a lawsuit, You and A1 each agree that any and all disputes, controversies, and claims that have arisen or may arise out of this Agreement or use of this Website and A1 Property, whether based on past, present, or future events, shall be mediated out of court in an attempt at resolution through the American Arbitration Association (“AAA”). The fees and cost of the mediation shall be shared equally between You and A1. A demand for mediation shall be served via a written demand in person or by mail to the opposing party with a copy of the demand filed through the AAA. Rules and procedures for mediation can be found at: www.adr.org.
12. DISCLAIMER AND LIMITATION OF LIABILITY12.1 THIS SITE AND ITS CONTENTS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE AND CONTENT WILL BE AVAILABLE FOR USE, OR THAT ALL FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE OR SOFTWARE VIRUSES, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THIS SITE. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, TRUTHFULNESS, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, RELIABILITY, AUTHENTICITY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES, FUNCTIONS, AND SERVICES OF THE WEBSITE.
12.3 TO THE FULLEST EXTENT PERMITTED BY LAW, THE A1 PARTIES ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, MONIES, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE AND A1 PROPERTY, EVEN IF A1 HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING, WITHOUT LIMITATION, DAMAGES DUE TO: (A) THE USE OF OR THE INABILITY TO USE THE WEBSITE AND A1 PROPERTY; (B) STATEMENTS OR CONDUCT OF ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR CONTENT, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; (C) OR DEATH OR PERSONAL INJURY.