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Terms of Service and Accepted Use

of ENHANCED ROADSIDE ASSISTANCE, INC.

 

These Terms of Service and Accepted Use (hereinafter referred to as the “Terms of Use") explain the agreement between Enhanced Roadside Assistance, Inc. (hereinafter referred to as "ENHANCED”), whose offices are located in Kissimmee, Florida, and you.  The services provided to you by Enhanced are subject to the following Terms of Use.  By clicking on the “I ACCEPT” button at the end of the electronic version of these Terms of Use, by using the www.enhancedroadsideassistance.com Web site (hereinafter referred to as the “Web site”), or by purchasing or using the roadside assistance services offered by ENHANCED (all of which are hereinafter collectively referred to as the “ENHANCED services”), you agree to be bound by these Terms of Use and represent and warrant that you can legally be bound by these Terms of Use.

 

NOW, THEREFORE, in consideration of the mutual covenants and agreements of ENHANCED and you contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, ENHANCED and you, intending to be bound, hereby agree as follows:

 

1.         Entire Agreement.  These Terms of Use, along with ENHANCED’S Privacy Policy (the “Privacy Policy”), which is further discussed in paragraph 4 herein, constitute your entire agreement with ENHANCED with respect to the ENHANCED services.  In the event that you purchase services from ENHANCED through a third party, those services will also be governed by the rental agreement with such third party, in addition to these Terms of Use.  These Terms of Use may be amended or modified from time to time, in the sole discretion of ENHANCED.  The most current version of the Terms of Use can be reviewed by clicking on the "Terms and Service of Accepted Use" hypertext link located at the top of the www.enhancedroadsideassistance.com Web site.  Your use of the ENHANCED services, including the use of the Web site, after a change in the Terms of Use shall constitute acceptance by you of the amended or modified Terms of Use.  If you do not agree to be bound by the amended or modified Terms of Use, you must immediately discontinue your use of the Web site.  By continuing to use or access the Web site or any of the services provided by ENHANCED, you agree to be bound by the Terms of Use in effect at the time of such use or access.  If you have questions about the Terms of Use, please contact us at admin@enhancedroadsideassistance.com. 

 

2.         YOUR USE OF THE WEB SITE AND THE ENHANCED SERVICES.  Any password, reference number, and/or any other authorization code or similar verification identifier provided by ENHANCED to you should be maintained as confidential and should not be distributed or disclosed to third parties.  If you permit others to use the Web site and the ENHANCED services by utilizing your computer system, your password, your reference number, and/or any other authorization code or similar verification identifier provided by ENHANCED to you, you acknowledge and agree that you are responsible for the conduct of those who use the Web site and the ENHANCED services by utilizing your computer system, your password, your reference number, and/or any other authorization code or similar verification identifier provided by ENHANCED to you, and you acknowledge and agree that you are responsible for ensuring that those who use the Web site and the ENHANCED services utilizing your computer system, your password, your reference number, and/or any other authorization code or similar verification identifier provided by ENHANCED to you shall use the Web site and the ENHANCED services in accordance with these Terms of Use.  You acknowledge and agree that you will take any and all appropriate measures to ensure that the Web site and the ENHANCED services are not used by anyone without your consent by utilizing your computer system, your password, your reference number, and/or any other authorization code or similar verification identifier provided by ENHANCED to you.  You acknowledge and agree that any actual, attempted or indirect violation of these Terms of Use by others while utilizing your computer system, your password, your reference number, and/or any other authorization code or similar verification identifier provided by ENHANCED to you shall be considered to be a violation of these Terms of Use by you.  It is your responsibility to notify ENHANCED if you need to change or discontinue your password, your reference number, and/or any other authorization code or similar verification identifier provided by ENHANCED to you, if applicable. You may do so by contacting ENHANCED at admin@enhancedroadsideassistance.com.

 

3.         Web site Intended for Users over the Age of 18.  You acknowledge and agree that the Web site and the ENHANCED services are not intended for users under the age of 18, and ENHANCED does not knowingly collect personally identifiable information from users under the age of 18.  Such users are expressly prohibited from submitting their personally identifiable information to ENHANCED, any information submitted by such users will not knowingly be used, posted, or retained by ENHANCED.  You represent and warrant that you are at least 18 years of age and you acknowledge and agree that ENHANCED is entitled to rely upon that representation.  You acknowledge and agree that, in the event that you permit anyone under the age of 18 to use the Web site and the ENHANCED services by utilizing your computer system, your password, your reference number, and/or any other authorization code or similar verification identifier provided by ENHANCED to you, you are solely responsible for such use.

 

4.         PRIVACY AND CONFIDENTIALITY.  Your use of the Web site and the ENHANCED services provided therein is governed by these Terms of Use and the Privacy Policy, the latter of which is available for your review at www.enhancedroadsideassistance.com/privacy.aspx.  It is your responsibility to review the Privacy Policy, which is incorporated by reference into these Terms of Use in its entirety.  If at any time you are not in compliance with these Terms of Use or the Privacy Policy, ENHANCED has the right to terminate your right to use and access the Web site.

 

5.         THE ENHANCED SERVICES.  ENHANCED is in the business of providing roadside assistance services (the “ENHANCED Roadside Assistance Plan”).  The following outlines certain important information describing and governing the ENHANCED Roadside Assistance Plan:

 

            A.         Services Including in the ENHANCED Roadside Assistance Plan.  The following services are including in the ENHANCED Roadside Assistance Plan:

 

(1)        Lost Keys.  Keys will be replaced, or a locksmith will be sent if keys are stolen, lost, or damaged.  The ENHANCED services also include the cost of replacing exterior locks, if necessary.

 

(2)        Lock Out Service.  If you inadvertently lock yourself out of the rental vehicle, a locksmith will assist you to gain entry to the rental vehicle.

 

(3)        Flat Tire.  If your spare tire is inflated and serviceable, it will be installed to replace the flat tire, when possible. If the spare tire is not inflated, nor serviceable, or otherwise cannot be installed, towing will be provided.  ENHANCED will cover the cost (if you are charged) for a replacement tire.

 

(4)        Fuel Delivery.  Fuel will be delivered to enable you to reach the nearest gas station.  Typically, one (1) gallon of fuel will be provided.

 

(5)        Misfueling.  In the event that your rental vehicle is inadvertently fueled with improper fuel, ENHANCED will refund the cost to flush the engine, less the first $50.00 which is your responsibility and will not be refunded, as long as the total cost does not exceed the total maximum claims limitation of $500.00, as set forth in Section 5.C. herein.  If the cost to flush the engine is between $500.00 and $550.00, ENHANCED will refund the total cost, less the first $50.00, which is your responsibility and will not be refunded.  If the cost to flush the engine exceeds $550.00, ENHANCED will refund $500.00, you will be responsible for the first $50.00, and you will be responsible for any additional charges over and above $550.00.  ENHANCED will not pay for and the ENHANCED Roadside Assistance Plan does not include and specifically excludes losses arising from mechanical repairs as a result of misfueling.

 

(6)        Accident Towing.  Towing charges are covered in the event of a collision and towing is necessary.

 

(7)        Jump Start.  If your battery is dead, it will be jump started where possible, replaced, or the vehicle will be towed, if necessary.

 

(8)        Glass Replacement.  ENHANCED will replace any broken windows (including front windscreen).

Depending on the issue, if your car is safe and drivable, and you are within close prximity to a rental office, you may be requested to go to that office to swap the car.

The ENHANCED Roadside Assistance Plan is not an insurance policy; it is a service to provide reimbursement for certain, covered expenses that may not be covered by the basic roadside assistance offered by your car rental company.

 

                        B.         Services NOT INCLUDED in the ENHANCED Roadside Assistance Plan.  The following services are NOT INCLUDED in and are specifically excluded from the ENHANCED Roadside Assistance Plan:

 

                                    (1)        Mechanical Breakdown and Ordinary Wear and Tear to the Rental Vehicle.  Mechanical breakdowns and ordinary wear and tear to the rental vehicle are not included in the ENHANCED Roadside Assistance Plan. These types of losses should already be included in the services provided by your rental car company.

 

(2)        Claims or Losses Caused by a Driver who is not Authorized to Operate the Rental Vehicle.  ENHANCED will not cover losses caused by a driver who is not authorized to operate the rental vehicle as set forth in the rental agreement and/or a driver who does not possess a valid driver’s license.

 

(3)        Other Claims or Losses.  ENHANCED will not satisfy any claims resulting from, arising from, or related to driving the rental vehicle off-road, driving the rental vehicle outside all U.S. states other than Alaska and Hawaii, driving the rental vehicle under the influence of drink or drugs, or by natural acts of God.

 

(4)        Lost Time, Inconvenience, and Ancillary Expenses.  ENHANCED does not compensate for loss of time, inconvenience, or ancillary expenses associated with a loss or claim.

 

(5)        Any and All Claims or Losses that Exceed the Maximum Claim.  ENHANCED will not satisfy claims in excess of the amount of the Maximum Claim as set forth in Section 5.C. herein.

 

                        C.         Maximum Claim and Limitations on ENHANCED’S Liability.  A maximum of two (2) claims per rental vehicle will be covered by ENHANCED, but the total of all such claims shall not exceed U.S. $500.00, including all taxes and charges.  Please see Section 14 herein regarding the limitations on ENHANCED’S liability arising out of the ENHANCED services, which include the ENHANCED Roadside Assistance Plan.

 

D.         Eligibility to purchase the Enhanced Roadside Assistance Plan.  You are eligible for the ENHANCED Roadside Assistance Plan if you have rented your vehicle from: Alamo; Dollar; Enterprise; National; Avis; Hertz; or Budget.  All legally licensed and authorized drivers named on the rental agreement from any of the above-referenced companies can purchase the Enhanced Roadside Assistance Plan.

 

                        E.         Ordering the ENHANCED Roadside Assistance Plan.  You can order the ENHANCED Roadside Assistance Plan by contacting us at admin@enhancedroadassistance.com.  All orders must be made at least twenty-four (24) business hours prior to collection of your rental vehicle.  The Enhanced Roadside Assistance Plan must be purchased for the full period of the car rental.  After ordering the ENHANCED Roadside Assistance Plan, you will be sent an email with your reference number and all necessary information required to contact ENHANCED in the event of a claim.  You will required to supply your reference number in all correspondence with ENHANCED.

 

F.         Cost of ENHANCED’S Roadside Assistance Plan and Methods of Acceptable Payment.  ENHANCED’S Roadside Assistance Plan costs US $ 3.00 per day for the total period of the car rental agreement.  ENHANCED accepts payment by Visa, MasterCard, or American Express.  Your credit card will be charged immediately upon you making the booking.  There is no surcharge for any payments made by any accepted credit card.

 

G.         Making a Claim.  If you use of the Enhanced Roadside Assistance Plan, you will be required to pay for any and all costs up front to the appropriate entity, whether it be to a third party or to your car rental company.  You must then submit a claim to ENHANCED requesting refund of your payment.  Any and all claims must be made in writing (including email) and must be made within twenty-eight (28) days of the end date of your ENHANCED Roadside Assistance Plan.  In order to make a claim, you will need to submit the following information to us: (a) a copy of your car rental agreement; (b) any and all receipts for all expenses being claimed; and (3) the date and time that you sought roadside assistance.  ENHANCED reserves the right to request additional information to assess any claim.

 

H.         Obtaining Roadside Assistance.  When you collect your rental car, the rental company will provider you with documentation which will include the twenty-fou4r (24) hour roadside assistance telephone numbers.  If you require roadside assistance, simply call the number provided on the documentation and provide the representative with the details of your location and nature of the problem.

 

I.          Amendment of the ENHANCED Roadside Assistance Plan.  You can amend your order of the ENHANCED Roadside Assistance Plan up to forty-eight (48) business hours prior to the commencement of the Enhanced Roadside Assistance Plan.  If the amendment changes the duration of the ENHANCED Roadside Assistance Plan, then you will be charged or refunded for the difference in cost through the credit card that was the original method of payment.  Please email our support team with your amendment request and reference number to: admin@enhancedroadsideassistance.com. 

 

J.         Cancellation of the ENHANCED Roadside Assistance Plan.    You must provide ENHANCED with forty-eight (48) business hours notice prior to the commencement of the Enhanced Roadside Assistance Plan in order to cancel the ENHANCED Roadside Assistance Plan.  Your cancellation request along with your reference number must be sent via email to our support team at admin@enhancedroadsideassistance.com. If we receive your cancellation request at least forty-eight (48) business hours prior to the commencement of the Enhanced Roadside Assistance Plan, we will refund payment, less a five percent (5%) cancellation fee.  This refund, less the five percent (5%) cancellation fee, will be refunded through the credit card that was the original method of payment.  It can take up to ten (10) business days for your refund to be credited to your credit card.

 

K.         Hours of Operation.  ENHANCED’S offices are open Monday through Friday and all email communications will be answered within a reasonable time by an experienced member of our support team.  On Saturdays, Sundays, and legal holidays, ENHANCED will only reply to e-mail communications of an emergency nature. You can call for roadside assistance seven (7) days a week, twenty-four (24) hours per day.  Please see Section 5.H. for details on how to call for roadside assistance.

 

L.         Contacting ENHANCED.  Before you contact the Enhanced Roadside Assistance support team, please check our FAQ section to see if there is an answer to your question.  If you need to ask a question not addressed in our FAQ, please contact ENHANCED at admin@enhancedroadsideassistance.com. 

 

6.         SECURITY OF YOUR SYSTEM.  You acknowledge and agree that you are solely responsible for the security of any computer system or other device(s) with which you connect to the Web site, and any data, programs, files, or information stored on such devices.  You acknowledge and agree that ENHANCED is not responsible for any unauthorized access to the data, files, transmissions, or communications sent to or from you or for unauthorized access to your computer system, or the data, programs, files, or information contained on your computer system while using the Web site.  You acknowledge and agree that you are responsible for taking any and all appropriate measures to ensure the security of your computer system(s) to prevent unauthorized access to it by others and to prevent infection of your computer from viruses and spyware, including installing and maintaining up-to-date anti-virus and anti-spyware software on your computer.  You acknowledge and agree that ENHANCED is not responsible for any virus or spyware that gains access to your computer while using the Web site, or any damage resulting from such virus or spyware.  You acknowledge and agree that, in the event that your computer becomes infected with any virus that, in ENHANCED’s sole discretion, may harm the Web site, ENHANCED may immediately suspend or terminate access by you to the Web site with or without notice to you.

 

7.         THIRD PARTY SERVICES, PRODUCTS, INFORMATION, CONTENT, AND/OR ACTIONS.  The Web site may contain links to Web sites that are owned, operated, or controlled by persons other than ENHANCED.  You acknowledge and agree that while ENHANCED may provide links to various Web sites, ENHANCED is not responsible for and does not control the services or products offered by others on such Web sites.  You acknowledge and agree ENHANCED has not reviewed and does not make any commitment to review, monitor, or filter the information or content of all Web sites you visit or link to from the Web site and is not responsible for the information, content, or actions of any other Web sites you visit or link to while using the Web site.  You acknowledge and agree that ENHANCED does not endorse or otherwise vouch for any service, product, information, program, data, or content sent, accessed, offered, advertised or otherwise made available to you by any third party from any link from the Web site.  Such content may include profane, obscene, indecent, disturbing, illegal, infringing, scandalous, outrageous, offensive, defamatory, abusive, harassing, or hateful or other material you may find problematic.  YOU ACKNOWLEDGE AND AGREE THAT ENHANCED IS NOT RESPONSIBLE FOR ANY SUCH CONTENT.  You acknowledge and agree that your linking to any service or Web site from the Web site is at your sole risk and peril.

 

8.         INFORMATION POSTED ON THE WEB SITE.  You acknowledge and agree that you are solely responsible for any and all information, including personally identifiable information, and content (hereinafter collectively referred to as the “Content”) submitted by you to ENHANCED.  By submitting Content to ENHANCED, you are acknowledge, agree, represent, and warrant that such content is true and correct in all respects.  ENHANCED does not endorse any information posted by users and ENHANCED is not liable for any such information posted on its Web site, including but not limited to any information that may be posted about you.  ENHANCED reserves the right to take any action with respect to information posted on its Web site that ENHANCED believes is appropriate in ENHANCED’s sole discretion with respect to such information, including but not limited to termination of this Agreement.  ENHANCED, however, does not and cannot control the information provided by you, other users, or third parties who provide Content that is made available through the Web site.  By its very nature, the information and/or content provided by such third parties may be offensive, harmful, inaccurate, or in some cases may be mislabeled or deceptively labeled.  Information on the Web site is provided "AS IS" and may contain technical inaccuracies or typographical errors.

You agree to provide ENHANCED with true, accurate, current and complete information about yourself when such information is requested by ENHANCED.  You agree to keep this information current at all times.

 

9.         Prohibited Activity.  You acknowledge and agree that you will not use the Web site and/or the ENHANCED services for any of the following prohibited activities:

 

A.         attempting to or achieving, or assisting others to attempt or achieve, unauthorized access to any computer, system, or network not owned, controlled, or expressly permitted to be accessed by you;

 

B.         attempting to or achieving, or assisting others to attempt or achieve, unauthorized access to ENHANCED’s servers by any means;

 

C.         disrupting, modifying, impeding, or interfering in any way with the operation of the Web site and the ENHANCED services, or disrupting, modifying, impeding, or interfering with any other person’s use of the Web site and the ENHANCED services, whether or not you intended to cause such disruption, modification, impediment, or interference, including, but not limited to, altering or tampering with any information, content, or materials on or associated with the Web site and the ENHANCED services or sending excessive data transfers such as bulk e-mail or unsolicited commercial e-mail (spam);

 

D.         disseminating or submitting to ENHANCED any virus, spyware, or other computer code, files, or programs harmful to the operation the Web site and the ENHANCED services, or the operation of any computer, system, or network not owned, controlled, or expressly permitted to be accessed by you;

 

E.         engaging in commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Web site and/or the ENHANCED services, except as permitted by the Copyright Act or other law or as expressly permitted by this Agreement, or in another writing signed by the appropriate representative of ENHANCED;

 

F.         reselling the ENHANCED services, in whole or in part;

 

G.         publishing or submitting to ENHANCED any material that is encrypted, constitutes junk mail, unsolicited commercial e-mail (spam), or unauthorized advertising, or invades the privacy of anyone, or in any way use the Web site or the ENHANCED services to send altered, deceptive, or false source-identifying information to third parties;

H.         posting, uploading, e-mailing, or otherwise transmitting to ENHANCED any Content:

(1)        that you do not have the lawful right or written permission to copy, transmit and/or display;

(2)        that you do not have the consent or permission of each identifiable person displayed in the Content to use the such person’s identity or likeness; or

(3)        Content that violates any intellectual property rights (including, but not limited to, copyright, trademark, patent, trade name, trade secret, moral rights, or any other intellectual property rights);

I.          publishing or submitting to ENHANCED any material, language, or Content that ENHANCED, in its sole discretion, deems to be profane, obscene, indecent, disturbing, illegal, infringing, scandalous, outrageous, offensive, vulgar, violent defamatory, abusive, hateful,  harassing, unlawful, harmful, threatening, invasive of the privacy of any third party, that contains nudity or pornography, or is otherwise objectionable;

J.         deleting, or in any manner altering, the copyright, trademark, patent, trade name, trade secret, moral rights, or any other intellectual property rights notices appearing on any Content not owned by you;

K.         using any meta tags or other hidden text or metadata utilizing the ENHANCED name, trademark, URL, or product name without ENHANCED's express written consent;

L.         collecting or storing personal data about other users without their express permission;

M.        posting, transmitting, or submitting to ENHANCED or to any third party child pornography;

 

N.         sending to a minor, obtaining from a minor, or obtaining access for a minor of any material that is harmful to a minor;

 

O.         publishing, transmitting, or submitting to ENHANCED or any third party any material demonstrating, showing, displaying, or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise would violate any local, state, federal or international law, treaty, or regulation;

 

P.         conducting any other activity that would constitute a criminal offense, give rise to civil liability, or that otherwise would violate any local, state, federal, international law or treaty, or regulation, or is potentially harmful to others, potentially harmful to ENHANCED, including its reputation and operations, or may expose ENHANCED to liability; and/or

 

Q.         using the Web site or ENHANCED services in any manner not permitted by these Terms of Use.

 

You acknowledge and agree to use the Web site and/or the ENHANCED services only for lawful purposes and you acknowledge and agree that your failure to do so may subject you to civil and criminal liability.  You acknowledge and agree that engaging in any of the foregoing activities may result in the termination of your use of or access to the Web site and/or the ENHANCED services.  You acknowledge and agree that ENHANCED reserves the right in its sole discretion to determine what is potentially harmful to others, potentially harmful to ENHANCED, including its reputation and operations, or may expose ENHANCED to liability.

 

10.        Enforcement of Terms of Use.  As a condition of your use of the Web site and the ENHANCED services, you acknowledge and agree to use Web site and the ENHANCED services in accordance with these Terms of Use.  You acknowledge and agree that ENHANCED has the right to enforce these Terms of Use in its sole discretion.  In the event of a violation by you, ENHANCED may, singly or in any combination, issue a warning for the violation, suspend or terminate your use and access to the Web site and the ENHANCED services, remove Content, or take any other action that ENHANCED, in its sole discretion, deems appropriate, and ENHANCED has no obligation to notify you prior to taking any such actions.  You acknowledge and agree that any attempted or indirect violation of these Terms of Use shall be considered to be a violation of the Terms of Use.  Violations of these Terms of Use may result in criminal or civil liability or both.  ENHANCED may investigate and/or report to the appropriate law enforcement agency or agencies any incidents involving such violations and will cooperate with law enforcement agencies regarding such investigations. ENHANCED reserves the right, but has no obligation, to monitor compliance with and investigate violations of these Terms of Use.  You acknowledge and agree that ENHANCED shall not be liable to you for any of its actions taken to enforce these Terms of Use.

 

ENHANCED does not control the Content that you or others provided to ENHANCED using its Web site and does not have any obligation to monitor such Content for any purpose.  ENHANCED reserves the right at all times to disclose, in its sole discretion, any Content as necessary to (a) satisfy any law, regulation, or governmental request or (b) reduce or prevent what ENHANCED considers to be, in its sole discretion, a serious or imminent threat to your health or safety, or the health or safety of another.

 

11.        TERM AND TERMINATION.  You acknowledge and agree that ENHANCED reserves the right to suspend, disconnect, or terminate your use of the services provided on the Web site at any time for any reason in its sole discretion, with or without cause, and with or without prior notice to you including, but not limited to, if it determines that you have failed to comply with any of these Terms of Use.  You acknowledge and agree that ENHANCED further reserves the right to prohibit any conduct or remove any material or content in violation of these Terms of Use or which ENHANCED, in its sole discretion, believes to be illegal, potentially harmful to others, potentially harmful to ENHANCED, including its reputation and operations, or may expose ENHANCED to liability.  Upon termination of these Terms of Use, you will no longer be authorized to access or use the Web site or the ENHANCED Services.

 

12.        INTELLECTUAL PROPERTY.  The Web site and all intellectual property rights related to the Web site, including but not limited to copyrights, trademarks, service marks, documents, text, graphics, Web site design, images, logos, marks, and icons, as well as the selection and arrangement thereof, are the sole intellectual property of ENHANCED and/or are licensed to ENHANCED.  The name “ENHANCED” and any associated marks or logos are trade names and/or service marks owned by ENHANCED.  All other marks and logos displayed on the Web site are the property of their respective owners.  You acknowledge and agree that you do not have the right to copy, reproduce, edit, modify, or distribute the intellectual property of ENHANCED.  Any and all rights not expressly granted herein are reserved by ENHANCED. You may not reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the Web site and the related intellectual property, including any services provided via the Web site, and these Terms of Use do not grant you permission to do so.

 

Certain content may be licensed from third parties.  All such third party content and all intellectual property rights related to that content belong to the respective third parties. You may not remove any copyright, trademark, or other intellectual property or proprietary notice or legend contained in the Web site, including any Web site content.  By posting content to the Web site, you are licensing ENHANCED to use and display such content in any manner in which ENHANCED see fit, in its sole discretion.

 

13.        INDEMNIFICATION.  You agree to defend, hold harmless and indemnify ENHANCED from and against any and all losses, costs, expenses, damages or other liabilities incurred by ENHANCED from and against any cause of action, claim, suit or proceeding brought by a third party against ENHANCED in connection with your use of Web site and/or the ENHANCED services.  You further agree to indemnify, defend and hold ENHANCED harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from your use of the Web site or your decision to supply personally identifiable information using the Web site.  ENHANCED shall be entitled to participate in such defense through its own counsel at its own cost and expense. ENHANCED reserves the right to report any wrongdoing of which it becomes aware to the applicable government agencies or otherwise.

 

14.        DISCLAIMERS AND LIMITATIONS OF LIABILITY.  YOU ACKNOWLEDGE AND AGREE THAT THE enhanced SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS, AS AVAILABLE, AND WITH ALL FAULTs," AND WITHOUT ANY WARRANTIES OR CONDITIONS, EITHER EXPRESSED OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS OF A PARTICULAR PURPOSE. ENHANCED MAKES NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY USER OR THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEB SITE BY ANY USER.

 

YOU ACKNOWLEDGE AND AGREE THAT THE WEB SITE AND THE ENHANCED SERVICES ARE NOT GUARANTEED TO BE FREE OF ERROR, UNINTERRUPTED, SECURE, OR ALWAYS AVAILABLE OR AVAILABLE WITH SUFFICIENT CAPACITY.

 

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEB SITE AND THE ENHANCED SERVICES THEREIN IS AT YOUR SOLE RISK.

 

YOU ACKNOWLEDGE AND AGREE THAT ENHANCED HAS NO RESPONSIBILITY FOR ANY THIRD PARTY CONTENT, DATA, INFORMATION, PROGRAMS, OR OTHER MATERIAL THAT YOU MAY USE OR ACCESS USING THE WEB SITE AND THE SERVICES THEREIN.

 

YOU ACKNOWLEDGE AND AGREE THAT IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, GOODS, MERCHANDISE, AND OTHER INFORMATION PROVIDED THROUGH YOUR USE OF THE web site.

 

YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL ENHANCED, OR ANY OF ITS AGENTS, EMPLOYEES, REPRESENTATIVES, OR CONTRACTORS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, incidental, special, consequential, punitive, or exemplary damages (including, but not limited to, lost profits or savings, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL) arising out of or relating to these TERMS OF USE, OR THE USE OF, MAINTENANCE OR, REPAIR OF,  FAILURE OF, REMOVAL OF, OPERATION OF, OR INABILITY TO GAIN ACCESS TO THE WEB SITE AND THE ENHANCED SERVICES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR DUE TO THE NEGLIGENCE OF ENHANCED, OR ANY OF ITS AGENTS, EMPLOYEES, REPRESENTATIVES, OR CONTRACTORS, OR OTHERWISE, EVEN IF ENHANCED, OR ANY OF ITS AGENTS, EMPLOYEES, REPRESENTATIVES, OR CONTRACTORS, HAS/HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ENHANCED’S LIABILITY SHALL BE LIMITED TO THE FULL EXTENT OF THE LAW.

 

Notwithstanding any other provision of this Agreement, in no event will ENHANCED’s liability to you for any action or claim related to the your use of the Web site and the enhanced services or pursuant to these Terms of Use, whether based on contract, tort, negligence, or any other theory of liability, exceed in the greater of: (A) $1000 or (B) the amount of sums actually collected by ENHANCED from you for the services to which the liability directly relates.

 

YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS, exclusions, AND DISCLAIMERS of liability specified in theSE terms of use shall survive the term of YOUR AGREEMENT WITH RESPECT TO the terms of use and will apply even if IT IS found THAT SUCH terms of use have failed in their essential purpose.  you acknowledge and agree that these LIMITATIONS, exclusions, AND DISCLAIMERS of liability shall inure to the benefit of ENHANCED, OR ANY OF ITS AGENTS, EMPLOYEES, REPRESENTATIVES, OR CONTRACTORS INCLUDING, BUT NOT LIMITED TO, any vendor, developer, designer, supplier and/or licensor OF ANY SOFTWARE SUPPLIED BY ENHANCED OR ASSOCIATED with THEse terms of use, OR ANY MAINTENANCE PERSON, REPAIR PERSON, or TECHNICAL SUPPORT PERSON ASSOCIATED WITH the Web site and the services provided therein.

 

15.        NOTICES TO YOU.  By using the ENHANCED services, you consent to receiving electronic communications from ENHANCED at the e-mail address associated with your password, your reference number, and/or any other authorization code or similar verification identifier provided by ENHANCED to you.  You further agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

 

16.        Severability.  You agree that, in the event any provision, covenant, condition, or term of these Terms of Use shall be declared null and void, invalid, or held for any reason to be unenforceable by a court of competent jurisdiction, the remainder of these Terms of Use shall nevertheless remain in full force and effect, and shall be interpreted as if such invalid provisions, covenants, or conditions were not contained herein.  To this end, the provisions, covenants, conditions, and terms of these Terms of Use are deemed separate.

 

17.        ASSIGNMENT.  ENHANCED has the right to transfer or assign these Terms of Use and the rights hereunder to any other person or entity without your consent.  You do not have the right to assign or transfer these Terms of Use or any rights hereunder to any other person or entity without the prior written consent of ENHANCED.  Subject to the foregoing, these Terms of Use will be binding upon and will inure to the benefit of the successors and permitted assigns of the parties hereto.

 

18.        Waiver.  No waiver of any of ENHANCED’s rights or remedies contained in these Terms of Use or of any breach of any provision of these Terms of Use shall be binding unless it is in writing and signed by ENHANCED.  No such waiver by ENHANCED shall prevent the subsequent enforcement of such term or be deemed a waiver of any subsequent exercise of right or breach of these Terms of Use, nor shall any waiver in any way effect any other term or condition of these Terms of Use.

 

19.        ENHANCED’s Rights and Remedies.  The inclusion of any right or remedy contained in these Terms of Use is intended to add to ENHANCED’s available remedies, rather than limit or exclude rights or remedies not expressly discussed herein.  ENHANCED reserves its right, at its sole discretion, to pursue any and all legal or equitable remedies available to it against you, in the event that a cause of action arises against you.

 

20.        Force Majeure.  ENHANCED shall be excused from performance under these Terms of Use, and shall not be liable for damages or otherwise, if and to the extent that ENHANCED is unable to supply or experiences delay in supplying the Web site and the ENHANCED services that is, directly or indirectly, due to or causes by any act, event, cause or condition that is beyond its reasonable control including, but not limited to accidents, fires, explosions, natural disasters hurricanes, floods, acts of God, acts of any government, acts of war, military action, terrorist acts, labor disputes, strikes, theft, vandalism, or any other causes.

 

21.        GOVERNING LAW AND JURISDICTION.  The Web site (excluding linked Web sites) is operated by ENHANCED from its offices within the state of Florida, United States of America.  The Web site can be accessed from all 50 states and from other countries around the world.  As each of these places has laws that may differ from those of Florida, by accessing the Web site, you agree that these Terms of Use, your use of the Web site, and the ENHANCED services shall be governed in all respects by the laws of the State of Florida, without regard to its conflicts of law provisions.  You further submit to jurisdiction and venue in the state and federal courts located in the state of Florida, Osceola County and further agree that any cause of action you may bring arising under your use of the Web site shall be brought by you exclusively in Florida state court located in Osceola County and/or the United States District Court in and for the Middle District of Florida, Orlando Division.  ENHANCED makes no representation that materials on the Web site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Web site from other locations do so on their own initiative and are responsible for compliance with any and all local laws.

 

22.        HEADINGS.  The headings of the sections of these Terms of Use are only for the convenience of the parties herein and shall not effect the constructions or interpretation of any of the terms or provisions set forth herein.

 

 
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