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 info@uscarhire.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 info@uscarhire.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 info@uscarhire.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: info@uscarhire.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 info@uscarhire.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 info@uscarhire.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.
