Customer Service

Carrental.com Subscription Agreement

THIS SUBSCRIPTION AGREEMENT ("AGREEMENT") IS A BINDING LEGAL CONTRACT BETWEEN Avis Budget Car Rental, LLC ("COMPANY" and/or "WE") AND "YOU" (EITHER AN INDIVIDUAL OR A LEGAL ENTITY THAT IS A FRANCHISEE OF COMPANY). BY ACCESSING OR USING ANY COMPANY SOFTWARE OR SERVICE YOU WILL BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, COMPANY IS NOT WILLING TO LICENSE TO YOU ANY RIGHT TO USE OR ACCESS ANY SERVICES.

As used in this AGREEMENT, the term "Services" means any software or services rightfully provided, or rightfully made available, to You in conjunction with the Avis and Budget discount car rental program (the "Program") by Company, including any or all associated Web sites, media, printed materials and any "on-line" or electronic documentation.

BY COMPLETING THE REGISTRATION PROCESS AND USING THE SERVICES, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS:

  1. Access and Use License. The Services are licensed to You, not sold. Except for the limited license granted in this AGREEMENT, Company retains all right, title and interest in the Program, all copies thereof, and all proprietary rights in the Program, including but not limited to, copyrights, patents, trademarks and trade secret rights.

    YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE ACQUISITION, USE, AND/OR MAINTENANCE OF YOUR COMPUTER SYSTEM, INCLUDING WITHOUT LIMITATION ACCESS TO THE INTERNET, AND YOU ASSUME THE ENTIRE COST OF ANY AND ALL NECESSARY SERVICING, REPAIR, OR CORRECTION THERETO.

  2. Scope of License Granted. This AGREEMENT grants You the following rights, and sets forth the following restrictions, as applicable:

    1. During the term of this AGREEMENT, Company grants You a personal, revocable, nontransferable, nonexclusive and non-assignable license to access and use via the Internet the portion of the Services that is hosted by Company or its subcontractors.

    2. Company reserves the right to upgrade, enhance, change or modify the Services at any time in its sole discretion ("Enhancements"). Any Enhancements made available to You by Company, if any, will be subject to the terms of this AGREEMENT, except to the extent that conflicting or more restrictive provisions are agreed upon in future agreements relating to such Enhancements.

    3. You may not assign, sublicense, rent, service bureau, loan, lease, commercialize or otherwise transfer the Services, or directly or indirectly permit any third party to use or copy the Services

      .

    4. You will be solely responsible for all use of the Services made with your passwords, if any.

    5. You are responsible and solely liable for maintaining the confidentiality of your password and for all activities that occur under your password or account. You agree to notify Company immediately if You learn that your password or account has been used without authorization.

  3. Terms and Fees. This AGREEMENT shall commence on the date this AGREEMENT is accepted and executed by You and your initial annual payment is received by us.

    1. Annual Subscription Fee. Annual subscription fees are $29.99. (Use of the Services will not commence until the subscription fees have been paid in full and Company receives the executed end user agreement.

      Billing and payment schedule will be:

      1. Pro Rated bills - Before implementation commences, you agree to pay the annual subscription fee.

      2. Annual bills - My membership to the autorental.com subscription will automatically continue each year at the low $29.99 annual membership fee, or the then- current annual fee. It will be conveniently billed to the form of payment used on my initial membership without my having to do anything further.

      3. If We cancel the Program at anytime during the year, You can receive a full refund of Your annual subscription fees, upon written request to car.rental@avisbudget.com. If You choose to terminate this Agreement early, You can receive a pro-rata portion of Your subscription fees back, by sending a written request to car.rental@avisbudget.com. If the annual subscription is terminated within 60days of registration a credit will be applied back to the form of payment used for the original transaction. If termination occurs outside of 60 days Avis Budget Rent a Car, LLC will refund you in the form of a written check.

      4. All fees must be paid with a valid credit card accepted.

  4. Limitations on License. The license granted to You in this AGREEMENT is restricted as follows:

    1. Limitations on Copying and Distribution. You may not copy or distribute the Services except to the extent that copying is necessary to use the Services for purposes set forth herein.

    2. Limitations on Reverse Engineering and Modification. You may not reverse engineer, decompile, disassemble, modify or create works derivative of the Program. You may not alter or modify any disabling mechanism, which may be resident in the AGREEMENT.

    3. Changes. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these terms of use at any time. In the event that we do so, we will notify You of any such change, modification, addition, or deletion by sending You an e-mail at the last e-mail address that You provided us, and/or by prominently posting notice of the any such change, modification, addition, or deletion on the Web sites covered by these terms of use. Any such change, modification, addition, or deletion will be effective upon the earlier of 10 calendar days following our dispatch of an e-mail notice to You or 30 calendar days following our posting of such notice on the Web sites covered by these terms of use. Please note that, at all times, You are responsible for updating your personal information to provide us your current e-mail address. In the event that the last e-mail address that You have provided us is not valid, or for any other reason is not capable of delivering to You the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes, modifications, additions, or deletions described in the notice.

  5. Copyright. Company shall retain all right, title and interest in and to the Services, including all Enhancements, and all copyright, patent and other proprietary rights related thereto. Except for the limited license provided in this AGREEMENT, You acknowledge and agree that You have no title to nor ownership rights in the Services or any portion thereof and that Your right to use the Services is limited to the express terms and conditions of this license. Therefore, You must treat the Services like any other material protected by intellectual property laws (e.g., book or musical recording). You may not copy the written materials accompanying the Services. You may not remove or alter any of the logos, trademarks, Internet links, patent or copyright notices, confidentiality or proprietary legends, or other notices or markings that are on or in the Services. You agree to prevent any unauthorized copying of the Services.

  6. DISABLING MECHANISM. YOU ACKNOWLEDGE AND AGREE THAT PORTIONS OF THE SERVICES MAY HAVE MECHANISMS WHEREBY COMPANY CAN DISABLE YOUR ACCESS AND/OR USE TO THE SERVICES. YOU AGREE THAT COMPANY MAY USE ANY SUCH MECHANISMS IN THE EVENT OF EXPIRATION OF THIS AGREEMENT, YOUR BREACH OF THIS AGREEMENT, ANY FRANCHISE OR OTHER AGREEMENT YOU HAVE WITH COMPANY, OR YOUR FEES ARE BEYOND 60 DAYS PAST DUE.

  7. Termination.

    1. Breach of AGREEMENT. Without prejudice to any other rights, Company may immediately and without notice terminate this AGREEMENT and all rights granted hereunder if You fail to comply with any of the terms and conditions of this AGREEMENT or any terms and conditions of any franchise and/or other agreement You may have with the Company (including any Development Advance (or other) Promissory Notes. Failure to renew the AGREEMENT, failure to maintain your account in good standing, cancellation of the AGREEMENT or cancellation of service by You will result in termination of the service.

    2. Infringement Claims. In the event of a claim of intellectual property infringement by any third party relating to the Services ("Infringement Claims"), Company reserves the right to immediately terminate this AGREEMENT and the rights granted hereunder.

    3. Your Termination Obligations. In the event of any expiration or termination of this AGREEMENT for any reason, You must remove all copies of the AGREEMENT and all of its components from all of your systems, and destroy all related media and documentation, if any.

    4. Termination of Program by Company. Company shall have the right to terminate the Program without cause upon 60 days written notice. In such event, Company will rebate on a pro rata basis any annual fees relating to the period occurring subsequent to the termination.

  8. Third Party Content. Any opinions, advice, statements, services, offers, or other information that is part of the content accessible via the Services that is expressed or made available by third parties are those of the respective authors or distributors and not of Company. It is your responsibility to evaluate the information, opinions, advice or other content available through the Web site, whether listed or provided by third parties or by Company. ACCORDINGLY, YOU ACKNOWLEDGE THAT ANY CONTENT OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES IS AT YOUR SOLE RISK AND DISCRETION AND COMPANY WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY. COMPANY IS A DISTRIBUTOR AND NOT A PUBLISHER. COMPANY HAS NO MORE EDITORIAL CONTROL OVER SUCH CONTENT OR INFORMATION THAN DOES A PUBLIC LIBRARY OR NEWSSTAND. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS, OR OTHER INFORMATION EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING FRANCHISEES) ARE THOSE OF THE RESPECTIVE AUTHORS OR DISTRIBUTORS OF SUCH CONTENT AND INFORMATION AND NOT OF COMPANY, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS. NO ADVICE OR INFORMATION, INCLUDING ANY RECOMMENDATIONS, DECISION MADE, OR ACTION TAKEN IN RELIANCE UPON SUCH CONTENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

  9. DISCLAIMER OF WARRANTIES. THE SERVICES ARE PROVIDED ON AN "AS AVAILABLE," "AS IS" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY (INCLUDING ITS SUBSIDIARIES, AFFILIATES, LICENSORS, OR SUPPLIERS) DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, USAGE OF TRADE, COURSE OF DEALING, AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. COMPANY DOES NOT WARRANT THAT THE SERVICES, NOR THE CONTENT OR INFORMATION MADE AVAILABLE THERE FROM, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

  10. LIMITATION ON LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (INCLUDING ITS SUBSIDIARIES, AFFILIATES, LICENSORS, OR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES, WHICH SHALL INCLUDE, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOST DATA, LOST SAVINGS, AND/OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE PROGRAM, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, COMPANY'S ENTIRE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE FEES PAID BY YOU, IF ANY, FOR THE SERVICES.

  11. Indemnity. You agree to indemnify, defend and hold harmless Company, its parent company, subsidiaries, affiliates and its and their officers, directors, shareholders, agents, affiliates, and licensors from and against any and all liabilities, losses, costs, expenses (including reasonable attorneys' fees), and damages resulting from any negligent acts, omissions or willful misconduct by You, your use of the Program, and/or any breach of this AGREEMENT.

  12. Governing Law. This AGREEMENT is governed by and construed in accordance with the laws of the State of New Jersey as applied to agreements entered into and wholly performed within New Jersey between New Jersey residents. This AGREEMENT shall not be governed by the 1980 U.N. Convention on Contracts for the International Sale of Goods nor the Uniform Commercial Code, as amended, governing the sale of goods. Any action or proceeding brought by either party hereto shall be brought only in a state or federal court of competent jurisdiction located in State of New Jersey and the parties submit to the in personal jurisdiction of such courts for purposes of any action or proceeding.

  13. Force Majeure. Company shall not be responsible for any delays, errors, failures to perform, interruptions or disruptions in the Services caused by any acts of God, strikes, lockouts, riots, acts of war, terrorism, changes in law or regulations, fire, flood, earthquake, storm, power failure or failures of the Internet.

  14. Export. You may not export the Services without the prior written approval of Company. You agree to comply with all applicable United States laws and regulations pertaining to export controls.

  15. General. This AGREEMENT constitutes the entire understanding and agreement between Company and You with respect to the transactions contemplated in this AGREEMENT and supersede all prior or contemporaneous oral or written communications with respect to the subject matter of this AGREEMENT, all of which are merged in this AGREEMENT. This AGREEMENT shall not be modified, amended or in any way altered except by an instrument in writing signed by authorized representatives of both parties. In the event that any provision of this AGREEMENT is found invalid or unenforceable pursuant to judicial decree, the remainder of this AGREEMENT shall remain valid and enforceable according to its terms. Any failure by COMPANY to strictly enforce any provision of this AGREEMENT will not operate as a waiver of that provision or any subsequent breach of that provision. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS ON LIABILITY AND EXCLUSIONS OF DAMAGES SET FORTH HEREIN SHALL REMAIN IN EFFECT.