What you should know if you use Aviscarsales.com
In Summary: These Terms govern the use of the Web site and apply to all Internet traffic visiting the Web site. By accessing or using this Web site, you agree to these Terms.
Welcome to the Avis Car
Sales, LLC ("Avis") web site (the "Web Site"). Please read
our Web Site Terms of Use (the "Terms") carefully before continuing
on with your use of this Web Site. THIS WEBSITE AND INFORMATION ON IT
IS CONTROLLED BY AVIS IN THE UNITED STATES, PLEASE SEE OUR WEB SITE PRIVACY
POLICY FOR FURTHER INFORMATION. These Terms shall govern the use of
the Web Site and apply to all Internet traffic visiting the Web Site. If you
choose to continue to use or access this Web Site after having the opportunity
to read this Terms, you recognize that Avis has provided valuable consideration
by offering this Web Site free of charge, and in exchange for that valuable
consideration, you agree to the Terms hereof.
THESE TERMS INCLUDE AN AGREEMENT TO SUBMIT CLAIMS EXCLUSIVELY TO INDIVIDUAL
(NON-CLASS) ARBITRATION. SEE BELOW.
The Terms are meant to protect
all of our Web Site visitors and your use of this Web Site signifies your
agreement with these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, DO
NOT USE OR ACCESS THIS WEB SITE. Avis reserves the right, in its
sole discretion, to modify, alter or otherwise update these Terms at any time.
If you continue to use the Web Site, check the footer for notice of changed
Terms. If the footer indicates that the Terms have been changed,
immediately read them. By choosing to continue to use or access this Web
Site after we have posted notice of such modifications, alterations or updates,
and after you have had the opportunity to read the revised Terms, you agree to
be bound by such revised Terms.
In accordance with our goals, this Web Site will provide links to many other
web sites, that may or may not be affiliated with this Web Site and/or Avis,
and that may have terms of use that differ from, or contain terms in addition
to, the terms specified here. Your access to such web sites through links
provided on this Web Site is governed by the terms of use and policies of those
sites, not this Web Site.
PRIVACY
Registration data and certain other information about you is subject to our Privacy
Policy. For more information, please review our full Privacy Policy.
TRADEMARKS, COPYRIGHTS AND
RESTRICTIONS
This Web Site is controlled and operated by Avis Car Sales, LLC, 6
Sylvan Way, Parsippany, NJ 07054. All content on this Web Site, including,
but not limited to text, images, illustrations, audio clips, and video clips,
is protected by copyrights, trademarks, service marks, and/or other
intellectual property rights (which are governed by U.S. and worldwide
copyright laws and treaty provisions, privacy and publicity laws, and
communication regulations and statutes), and are owned and controlled by Avis
or its affiliates, or by third party content providers, merchants, sponsors
and licensors (collectively "Providers") that have licensed their content
or the right to market their products and/or services to Avis.
Content on this Web Site or any web site owned, operated, licensed or
controlled by the Providers is solely for your personal, non-commercial use.
You may print a copy of the content and/or information contained herein for
your personal, non-commercial use only, but you may not copy, reproduce,
republish, upload, post, transmit, distribute, and/or exploit the content or
information in any way (including by e-mail or other electronic means) for
commercial use without the prior written consent of Avis or the
Providers. You may request consent by faxing a request to Avis at
(973) 496-5510. Without the prior written consent of Avis or the
Providers, your modification of the content, use of the content on any
other web site or networked computer environment, or use of the content for any
purpose other than personal, non-commercial use, violates the rights of the
owners of the Avis Web Site and/or the Provider copyrights,
trademarks or service marks and other proprietary rights, and is prohibited. As
a condition to your use of this Web Site, you warrant to Avis that
you will not use our Web Site for any purpose that is unlawful or prohibited by
these Terms, including without limitation the posting or transmitting any
threatening, libelous, defamatory, obscene, scandalous, inflammatory,
pornographic, or profane material. If you violate any of these Terms, in
addition to any other remedies Avis or its Providers may have,
your permission to use our Web Site immediately terminates without the
necessity of any notice. Avisretains the right to deny access to
anyone at its discretion for any reason, including for violation of these
Terms. You may not use on your web site any trademarks, service marks or copyrighted
materials appearing on this Web Site, including but not limited to any logos or
characters, without the express written consent of the owner of the mark or
copyright. You may not frame or otherwise incorporate into another web site any
of the content or other materials on this Web Site without prior written
consent of Avis.
LINKS
This Web Site may contain links to other web sites ("Linked Sites").
The Linked Sites are provided for your convenience and information only and, as
such, you access them at your own risk. The content of any Linked Sites is not
under Avis's control, and Avis is not
responsible for, and does not endorse, such content, whether or not Avis is
affiliated with the owners of such Linked Sites. You may not establish a
hyperlink to this Web Site that states or implies any sponsorship or
endorsement of your web site by Avis, or its affiliates or
Providers.
DISCLAIMER OF WARRANTIES AND
LIABILITY
THIS DISCLAIMER OF WARRANTIES AND LIABILITY ("DISCLAIMER") APPLIES ONLY TO YOUR
FREE USE OF THE WEB SITE.
THIS DISCLAIMER DOES NOT APPLY TO, FOR EXAMPLE, YOUR PURCHASE OF ANY
PRODUCT OR SERVICE FROM AVIS, NOR TO ANY RENTAL.
THIS DISCLAIMER ALSO DOES NOT APPLY TO, FOR EXAMPLE, OUR OFFER OR
ADVERTISEMENT OF ANY AVIS PRODUCT, SERVICE, OR RENTAL, INCLUDING THE CONTENT OF
ANY OFFER OR ADVERTISEMENT ON THE WEB SITE.
THESE TERMS ARE NOT A CONTRACT FOR SALE, AND THIS WEB SITE IS NOT A "GOOD"
WITHIN THE MEANING OF THE UNIFORM COMMERCIAL CODE.
INSTEAD, THIS WEBSITE IS PROVIDED TO YOU FOR FREE. THIS
WEB SITE IS PROVIDED " AS IS" AND WITHOUT WARRANTIES OF ANY KIND
EITHER EXPRESS OR IMPLIED. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND
THE DESCRIPTION ON THE FACE HEREOF. AVIS DISCLAIMS ANY
AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER AVIS, ITS AFFILIATED OR RELATED ENTITIES, NOR THE
PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND
DISTRIBUTION OF THIS WEB SITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB
SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. YOU AGREE THAT WE MAY CHANGE OR DISCONTINUE THE
SERVICES IN OUR SOLE DISCRETION AND WITH NO PRIOR NOTICE TO YOU.
You agree that our sole obligation to you is to provide the Web Site as-is
until we decide to modify or discontinue it. You agree that unless we do
something that is (a) grossly negligent, reckless, or an act of knowing or
intentional misconduct or (b) a violation of a consumer protection statute in
connection with the Web Site, we will not be liable to you or to any third
party for your use of the Web Site.
INDEMNIFICATION
You are fully responsible for how you use this Web Site. You may not share your
log-in information with anyone else, but if you do you are fully responsible
for how they use the Web Site too. You agree to indemnify, defend, and hold
harmless Avis and the Providers, its and their officers, directors,
employees, service providers, vendors, affiliates, agents, licensors, and
suppliers from and against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation by you of these Terms.
Accuracy of Website Information
Avis strives to always provide accurate and up to date information on the Web Site. However, there may be instances where some inaccuracies could be present. Photographs of vehicles may be stock or are photographs of the actual vehicles; however, their color and general appearance may appear differently based on your monitor and color settings. Please consult with your Avis sales representative for further clarification and details. Avis reserves the right to change product pricing and specifications, as well as the terms of our guarantees and warranties without notice.
THIRD PARTY RIGHTS
These Terms are for the benefit of Avis and its Providers, its and
their officers, directors, employees, affiliates, agents, licensors, and
suppliers. Each of these individuals or entities shall have the right to assert
and enforce these Terms directly against you on its or their own behalf.
JURISDICTIONAL ISSUES
Unless otherwise specified, the content contained in this Web Site is presented
solely for your convenience and/or information. This Web Site is controlled and
operated by Avis from its offices within Parsippany, NJ. Avis makes
no representation that content in its Web Site is appropriate or available for
use in other locations. Those who choose to access this Web Site from other
locations do so on their own initiative and are responsible for compliance with
local laws, if and to the extent local laws are applicable. You may not use or
export the materials in this Web Site in violation of U.S. export laws and
regulations. These Terms shall be governed by, construed and enforced in
accordance with the laws of the State of New Jersey, as they are applied to
agreements entered into and to be performed entirely within such State.
WEB SITE DISPUTES
Web Site Disputes include: (a) any claim you may have against Avis in
connection with the Web Site, (b) any claim Avis may have against you in
connection with the Web Site, and (c) any action to enforce the Terms or to object
to the Terms.
All other disputes are Non-Web Site Disputes. Any claim arising from your
purchase of a Avis Product or Service is a Non-Web Site Dispute. Any
claim arising from the content of any offer or advertisement on the Web Site is
a Non-Web Site Dispute.
WEB SITE DISPUTES -
PRE-DISPUTE RESOLUTION
Before filing a lawsuit in connection with any Web Site Dispute (including,
but not limited to, in an individual arbitration or in a small claims
proceeding), you and Avis agree that we shall give the other party written
notice of the claim to be asserted 30 days before initiating a proceeding and
make a reasonable good faith effort to resolve the claim. If you are intending
to assert a claim against Avis, you must send the written notice of the claim to
Attention: Avis Rent A Car System, Inc., 6 Sylvan Way, Parsippany, New Jersey,
07054 Attn: Legal Department. If Avis is intending to assert a claim against
you, we will send the written notice of the claim to you at your address
appearing in our records. NO SETTLEMENT DEMAND OR SETTLEMENT OFFER USED IN THIS
PREDISPUTE RESOLUTION PROCESS MAY BE USED IN ANY PROCEEDING, INCLUDING AS
EVIDENCE OR AS AN ADMISSION OF ANY LIABILITY OR DAMAGES (OR LACK THEREOF).
WEB SITE DISPUTE RESOLUTION --
VENUE
You agree to be subject to the jurisdiction of New Jersey for any Web Site
Dispute. You agree that any Web Site Dispute will be resolved in New Jersey to
the exclusion of any other potential venue.
WEB SITE DISPUTE RESOLUTION -
ARBITRATION, JURY TRIAL WAIVER
Neither you nor we will be able to sue in court in connection with a Web Site
Dispute. All Web Site Disputes must be resolved through individual
(non-class) arbitration. You indicate your acceptance to these Terms,
including this agreement to arbitrate, by continuing to use the Web Site after
having the opportunity to review these Terms.
You and Avis intend for this to be an agreement for arbitration that can be
enforced under both the Federal Arbitration Act (FAA), 9 U.S.C.A. §§ 1-16, and
the New Jersey Arbitration Act (NJAA), N.J.S.A. 2A:23B-1 to -32.
You and Avis waive any rights to maintain other available resolution processes
for Web Site Disputes, such as a court action or administrative proceeding, to
settle disputes. You and Avis waive any right to a jury trial for Web Site
Disputes.
Instead of suing in court, we each agree to settle Web Site Disputes only by
arbitration. The rules in arbitration are different. There's no judge or jury,
and review is limited, but an arbitrator can award the same damages and relief,
and must honor the same limitations stated in the agreement as a court would.
Any Web Site Dispute shall be determined by arbitration in New Jersey before
one arbitrator(s). The arbitration shall be administered by JAMS pursuant to
JAMS' Streamlined Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-streamlined-arbitration/. Judgment on the Award may be entered in
any court having jurisdiction. This clause shall not preclude parties from
seeking provisional remedies in aid of arbitration from a court of appropriate
jurisdiction. If for any reason, JAMS cannot or will not provide this
arbitration, the parties may ask any court of competent jurisdiction to select
an arbitrator from a list provided by the parties.
To the extent a party commences any action with includes both Web Site Disputes
and Non-Web Site Disputes, consideration of the Non-Web Site Disputes shall be
stayed until the Web Site Disputes are fully arbitrated. Then, any Web
Site Disputes will be considered by any court of competent
jurisdiction.
If you are an individual (instead of, for instance, a partnership, corporation,
or other form of entity or non-natural person), in the event that (1) your
claim is less than $10,000, and (2) you are able to demonstrate that the costs
of arbitration will be prohibitive as compared to costs of litigation, Avis
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 as compared to the cost of litigation.
WEB SITE DISPUTE RESOLUTION -
NO CLASS ACTIONS
You agree that you will not file a class action against Avis or its
Providers, or participate in a class action against Avis or its
Providers, in any Web Site Dispute. You agree that you will not
file or seek a class arbitration, or participate in a class arbitration
against Avis or its Providers, in any Web Site Dispute.
SEVERANCE OF INVALID TERMS
If any provision of these Terms shall be unlawful, void or for any reason
unenforceable, then that provision shall be deemed severable from these Terms
and shall not affect the validity and enforceability of any remaining
provisions. Notwithstanding anything to the contrary, if the class action
waiver of these Terms is deemed unenforceable, the agreement of the parties to
engage in arbitration shall likewise be deemed stricken.
ENTIRE AGREEMENT
The provisions and conditions of these Terms, and each obligation referenced
herein, represent the entire Agreement between Avis with respect to
your use of this free Web Site, its affiliated or related entities, and
you, and supersede any prior agreements or understandings not incorporated
herein. In the event that any inconsistencies exist between these Terms and any
future published terms of use or understanding, the last published Terms or
terms of use or understanding shall prevail.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY AVIS RENT A CAR SYSTEM, INC.