Terms and Conditions (As amended on March 18, 2015)
ENTERPRISE "ARMS" TERMS OF ACCESS AND USE
ENTERPRISE HOLDINGS, INC. ("ENTERPRISE") PROVIDES ITS AUTOMATED RENTAL MANAGEMENT SYSTEM ("ARMS SERVICE") THROUGH THIS WEB SITE (THE "SITE") TO "REGISTERED USERS". A REGISTERED USER IS A USER THAT HAS REGISTERED WITH ENTERPRISE AND OBTAINED A USERNAME AND PASSWORD FROM ENTERPRISE. IF YOU ARE NOT A REGISTERED USER, YOU DO NOT HAVE PERMISSION TO ACCESS THE SITE. YOU MAY RECEIVE INFORMATION ABOUT BECOMING A REGISTERED USER BY CONTACTING ENTERPRISE AT 888-972-7187. IF YOU ARE A REGISTERED USER, THE TERMS SET FORTH HEREIN SHALL GOVERN YOUR USE OF THE SITE AND YOUR ACCESS TO THE SITE WILL INDICATE YOUR ACCEPTANCE OF THESE TERMS. YOU ARE NOT AUTHORIZED TO ACCESS THE SITE IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS. WE MAY PERIODICALLY CHANGE THESE TERMS, SO PLEASE CHECK THEM FROM TIME TO TIME AS YOUR CONTINUED USE OF THE SITE SIGNIFIES YOUR ACCEPTANCE OF ANY CHANGED TERMS.
The ARMS Service is provided for commercial use only, and you agree to use the ARMS Service only for commercial purposes. ENTERPRISE MAY TERMINATE YOUR ACCESS TO THE SITE AND YOUR USE OF THE ARMS SERVICE AT ANYTIME AND FOR ANY REASON WHATSOEVER, WITH OR WITHOUT NOTICE TO YOU. Furthermore, Enterprise may modify the ARMS Service and/or discontinue the provision of the ARMS Service at anytime and from time to time, with or without notice to you. Enterprise assumes no responsibility for the deletion of or failure to store your data.
2. PRIVACY STATEMENT
You hereby acknowledge that disclosure of the content of certain vehicle messages may be required to conform to (a) connecting networks' technical requirements, (b) the limitations of the ARMS Service, and/or (c) other similar requirements, and you acknowledge and agree that Enterprise may make such disclosures. For more information regarding our privacy policies, please review our privacy statement. You agree that in the event of a conflict between our privacy statement and these terms, these terms shall control. Further, you agree that we, in our sole discretion, may modify our privacy statement at anytime and that your access to the Site after the posting of any such modification shall constitute your acceptance to such modification.
3. PASSWORD, AND SECURITY
You agree not to disclose your username and/or password to any third party. Furthermore, you agree to notify your company administrator immediately or call Enterprise immediately at 888-972-7187 in the event that you believe that a third party discovers your username and password. You agree to be responsible for any use of your username and password by any third party and to indemnify and hold Enterprise harmless from and against any and all damages Enterprise may suffer as a result of any such use.
4. DISCLAIMER OF WARRANTIES
You agree that your access to the Site and your use of the ARMS Service is at your sole risk. Without limiting the generality of the foregoing, you understand and agree that any material and/or data downloaded or otherwise obtained through the Site or the ARMS Service is done at your sole discretion and risk, and you agree that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading of such material and/or data. THE SITE AND THE ARMS SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND NEITHER ENTERPRISE NOR ANY OF ITS SUPPLIERS, CONTENT PROVIDERS, AFFILIATES, LICENSORS, EMPLOYEES, AGENTS, OR THE LIKE MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. No oral advice or written information given to you by Enterprise or any of its suppliers, content providers, licensors, employees, agents, or the like shall create any warranty. Neither Enterprise nor any of its suppliers, content providers, licensors, employees, agents, or the like warrants that access to, or use of, the Site or the ARMS Service will be uninterrupted, timely delivered, virus free, secure, or error-free, or that the Site or the ARMS Service will meet any particular criteria of performance or quality. ENTERPRISE MAKES NO WARRANTIES REGARDING (A) ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR THE ARMS SERVICE, OR (B) ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE OR THE ARMS SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM ENTERPRISE OR THROUGH THE SITE, AND/OR THROUGH THE ARMS SERVICE SHALL CREATE ANY WARRANTY. ENTERPRISE, ON BEHALF OF ITSELF AND ALL OF ITS SUPPLIERS, CONTENT PROVIDERS, AFFILIATES, LICENSORS, EMPLOYEES, AGENTS AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND/OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, COMPATIBILITY, SECURITY, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT ENTERPRISE KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE IN RESPECT OF THE SITE AND THE ARMS SERVICE. FURTHERMORE, ENTERPRISE, ON BEHALF OF ITSELF AND ALL OF ITS SUPPLIERS, CONTENT PROVIDERS, AFFILIATES, LICENSORS, EMPLOYEES, AGENTS AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE AND NON-INFRINGEMENT IN RESPECT OF THE SITE AND THE ARMS SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
5. LIMITATION OF LIABILITY
ENTERPRISE AND ALL OF ITS SUPPLIERS, CONTENT PROVIDERS, AFFILIATES, LICENSORS, EMPLOYEES, AGENTS AND THE LIKE, IN EACH INSTANCE SHALL NOT BE LIABLE FOR (A) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL AND/OR SPECIAL DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE THE SITE AND/OR THE ARMS SERVICE, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF ENTERPRISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (B) DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY FILE, IN EACH INSTANCE WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
6. ACCEPTABLE USE
You are solely responsible for the contents of your transmissions through the Site and the ARMS Service. Your use of the Site and the ARMS Service is subject to all applicable local, state, national and international laws and regulations. You agree (a) to comply with US law regarding the transmission of technical data exported from the United States through the ARMS Service, (b) not to use the ARMS Service for illegal purposes, (c) not to interfere or disrupt networks connected to the ARMS Service, and (d) to comply with all applicable laws, including laws regulating communications with consumers and customers, regulations, policies and procedures of networks connected to the ARMS Service. You agree not to transmit through the Site or the ARMS Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited and you agree not to attempt or effect any such access. You agree not to interfere with another's use and enjoyment of the Site or the ARMS Service or another entity's use and enjoyment of similar services.
7. TELEPHONE CONSUMER PROTECTION ACT (TCPA) COMPLIANCE
The sole purpose of the ARMS Service text messaging system is to allow you the capability to notify customers of vehicle repair status. This function is made available by Enterprise strictly for your convenience and you acknowledge and agree that by using the system, you are the Transmitter of any text messages using the ARMS Service. By using the ARMS Service text messaging system, you agree to comply with all applicable laws and regulations governing communications with consumers, including the Telephone Consumer Protection Act, 47 U.S.C. Section 227, et seq. You agree to obtain the prior express consent of each Customer before sending any text messages to the Customer. For informational purposes only, a Compliance Guidelines under the Telephone Consumer Protect Act are available here. You also agree not to use the ARMS Service text messaging system for marketing purpose to consumers and that any marketing message sent using the ARMS Service is a material breach of this agreement. You represent and warrant to Enterprise (i) that Enterprise is entitled to use any information input into the ARMS Service by you, (ii) that all information input into ARMS by you is provided to Enterprise in accordance with applicable law, and (iii) that you and any applicable third parties have obtained all consents required by law in order for Enterprise to contact customers for the purpose of scheduling and facilitating transactions.
You agree to indemnify and hold Enterprise, its suppliers, content providers, affiliates, licensors, employees, agents and the like harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site and any information contained on the Site, the ARMS Service, the violation of any of the terms contained herein, and/or the infringement by you (or another user of the Site and/or the ARMS Service by or through your username and password) of any intellectual property or other right of any person or entity.
Enterprise may provide notices to you via email to the email address you informed Enterprise of during registration, and any such notices shall be effective when they are sent. Additionally, Enterprise may provide notices to you by posting such notices on the Site, and any such notices shall be effective upon posting.
10. PROPRIETARY RIGHTS TO CONTENT
Unless otherwise noted, all materials on the Site are protected as the copyrights, trade dress, trademarks and/or other intellectual property owned by Enterprise and/or its suppliers, content providers, affiliates, licensors. You agree that you will not distribute, publish, transmit, modify, display or create derivative works from or exploit the contents of this site in any way. You agree to indemnify, defend and hold harmless Enterprise for any and all unauthorized uses you may make or permit of any material on the site. You acknowledge that the unauthorized use of the contents could cause irreparable harm to Enterprise and that in the event of an unauthorized use, Enterprise shall be entitled to an injunction in addition to any other remedies available at law or in equity. All rights not expressly granted are reserved.
These terms, your access to the Site and your use of the ARMS Service, in each instance shall be governed by and construed in accordance with the laws of the state of Missouri, excluding its conflict of law provisions. You hereby consent to the exclusive jurisdiction of the United States District Court for the Eastern District of Missouri or the Circuit Court for the County of St. Louis, Missouri, as appropriate, over any action or proceeding arising out of or relating to these terms, your access to the Site and/or your use of the ARMS Service, and you hereby waive all rights you may have or which may hereafter arise to contest such jurisdiction. If any of term contained herein is held by a court of competent jurisdiction to be contrary to law, then such term shall be construed, as nearly as possible, to reflect the intentions of the parties with the other terms remaining in full force and effect. Enterprise's failure to exercise or enforce any of the terms contained herein shall not constitute a waiver of the right to do so unless acknowledged and agreed to by Enterprise in writing. You agree that any cause of action that you may desire to bring arising out of or related to these terms, the Site or the ARMS Service must commence within one (1) year after the cause of action arises; otherwise, such cause of action shall be permanently barred.