AGREEMENT BETWEEN CUSTOMER AND ENDRIVE, LLC.
Revision date: December, 2020
AGREEMENT BETWEEN CUSTOMER AND ENDRIVE, LLC.
enDrive, LLC., a Nevada corporation, on behalf of its existing and future subsidiaries and affiliates, (collectively, “enDrive,” “we” or “us”) delivers certain travel information and services, including a method of determining the availability of travel-related goods and services, making legitimate reservations and referrals and otherwise transacting business with travel suppliers (collectively, the “Services”). These Terms and Conditions (these “Terms”) apply to your access and use of the Services, whether through endrive.us.com (the “Website”), the enDrive mobile application (the “App”) or with our customer service agents (the Website, the App and our customer service agent booking process being hereafter referred to collectively, the “Platform”). The term "you" refers to the customer visiting the Platform and/or booking a reservation through us on the Platform.
The Platform is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below in these Terms. Please read these Terms carefully as they contain important information, including about limitations of liability and resolution of disputes through arbitration rather than in court. . By accessing or using the Platform, booking any reservations for travel products or services, or contacting our call center agents, you agree that the Terms then in force shall apply. If you do not agree to the Terms, please do not use or book any reservations through the Platform.
USE OF THE WEBSITE
The contents of the Platform, and the Platform as a whole, are intended to provide information regarding our services, as set-forth and defined by us and subject to change by us at any time, in our sole discretion. All written content prepared and posted by us, and the Platform design, layout, look, appearance, and graphics on the Platform, as well as the trademarks, service marks, and logos contained on our Platform (collectively, “enDrive Content”) are owned by or licensed to us and are subject to copyright, trademark, and other intellectual property rights under the United States and foreign laws and international conventions. We reserve all rights not expressly granted in, and to, the Platform and the enDrive Content.
Except as otherwise provided in this Agreement, no part of the Platform and no enDrive Content may be copied, reproduced, uploaded, posted, publicly displayed, transmitted, or distributed in any way to any other computer, server, website, or other medium for publication or distribution or for any commercial use without our prior express written consent.
On the condition that you comply with all your obligations under these Terms, enDrive grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access the Platform, which we may revoke at any time. Any use of the Platform in excess of this license is strictly prohibited and constitutes a violation of these Terms, which may result in the termination of your right to access and use this Site.
Additionally, as a condition of your use of the Platform, you warrant that (i) you are at least 18 years of age; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use the Platform in accordance with these Terms; (iv) you will only use the Platform to make legitimate reservations for you or for another person for whom you are legally authorized to act; (v) you will inform any such other person that these Terms apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto; (vi) all information supplied by you on the Platform is true, accurate, current and complete, and (vii) if you have a enDrive.us account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you. We retain the right at our sole discretion to deny access to anyone to the Platform and the Services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms.
DISPUTES; ARBITRATION
enDrive is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. To give us an opportunity to resolve informally any disputes between you and us arising out of or relating in any way to the Platform, these Terms, our Privacy Policy, any Services or products provided, any dealings with our customer service agents, or any representations made by us ("Claims"), you agree to communicate your Claim to EnDrive by contacting Customer Support at support@enDrive.us. You agree not to bring any suit or to initiate arbitration proceedings until 60 days after the date on which you communicated your Claim to Customer Support have elapsed. If we are not able to resolve your Claim within 60 days, you may seek relief through arbitration or in small claims court, as set forth below.
You and we agree that any and all Claims will be resolved by binding arbitration, rather than in court, except that you and we may assert Claims on an individual basis in small claims court if they qualify. This includes any Claims you assert against us, our travel suppliers or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This also includes any Claims that arose before you accepted these Terms, regardless of whether prior versions of the Terms required arbitration.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys' fees and costs). The arbitrator must follow and enforce these Terms.
Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, except as provided in this section.
Any and all proceedings to resolve Claims, including via arbitration, will be conducted only on an individual basis and not in a class, consolidated, or representative action. The arbitrator will have authority to decide issues as to the scope of this arbitration agreement and the arbitrability of Claims. If for any reason a Claim proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to “enDrive.us: Arbitration Claim Manager,” c/o enDrive, LLC., 1475 Island Ave, San Diego, CA 92101. The AAA’s rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879.
This arbitration agreement shall be governed by and enforced in accordance with the Federal Arbitration Act and federal arbitration law. An arbitration decision may be confirmed by any court with competent jurisdiction. If notwithstanding these Terms, any dispute or claim is not arbitable, such dispute or claim will be governed by Nevada law and resolved by a state or federal court located in Nevada, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
PROHIBITED ACTIVITIES
The content and information on the Platform (including, but not limited to, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your travel itinerary (and related documents) for travel or service reservations booked through the Platform, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Platform. Additionally, you agree not to:
1. decompile, disassemble, translate, or otherwise reverse-engineer the Platform or any part of the Platform, obtain or use any portion of the source code for the Platform, or otherwise use the Platform or its contents for any commercial purpose;
2. make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
3. access, monitor or copy any content or information of the Platform using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
4. violate the restrictions in any robot exclusion headers on the Platform or bypass or circumvent other measures employed to prevent or limit access to the Platform;
5. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
6. deep-link to any portion of the Platform (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission;
7. "frame", "mirror" or otherwise incorporate any part of the Platform into any other website or application without our prior written authorization;
8. use the Platform for any reason other than to make a legitimate request to book or use the products or Services offered (each a “Request”); or
9. place a Request in a false name or with an invalid credit card.
If your booking or account shows signs that you have violated the restrictions above or otherwise shows signs of fraud, abuse or suspicious activity, we may cancel any travel or service reservations associated with your name, email address or account, and close any associated enDrive.us accounts in addition to any other rights we may have under applicable law. To contest the cancellation of a booking or freezing or closure of an account, please contact enDrive.us Customer Service.
PRIVACY
We believe in protecting your privacy. Please click here to review our current Privacy Statement, which also governs your use of the Platform and is incorporated by reference, to understand our practices: Privacy Statement.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the Platform are ©2020 and belong to enDrive, LLC. All rights reserved. We are not responsible for content on websites operated by parties other than enDrive. The enDrive logos are either registered trademarks or trademarks of EnDrive, LLC in the U.S. and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners.
If you are aware of an infringement of our brand, please let us know by e-mailing us at info@enDrive.us. We only address messages concerning brand infringement at this email address.
ACCOUNT TERMINATION
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, enDrive has adopted a policy of terminating, in appropriate circumstances and at enDrive’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. enDrive may also at its sole discretion limit access to the Platform and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.
NOTICE OF INFRINGING MATERIAL
If you believe in good faith that materials on the Platform infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages.
1. A clear identification of the copyrighted work you claim was infringed.
2. A clear identification of the material you claim is infringing on the Platform, such as a link to the infringing material.
3. Your address, email address and telephone number.
4. A statement that you have a good faith belief that the material claimed as copyright infringement is not authorized by the copyright owner, its agent or the law.
5. A statement that the information on the notification is accurate, and under penalty of perjury, you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
6. A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
7. You may send us your notice by using the contact information below.
COUNTERNOTICES
If material you have posted has been taken down, you may file a counter-notification by fax or regular mail that sets forth the items specified below. Please include the following details:
1. Identification of the specific content that was removed or disabled and the location that content appeared on the Platform. Please provide the URL address if possible.
2. Your name, mailing address, telephone number and email address.
3. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which enDrive may be found, and that you will accept service of process from the party who reported your content, or that party’s agent.
4. The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the content identified above was removed or disabled as a result of a mistake or misidentification.”
Sign the paper. Send the written communication to us using the contact information below.
CAR RENTAL COMPANY RULES & RESTRICTIONS
Additional terms and conditions imposed by car rental companies or other travel supplier (“Suppliers”) may apply to your reservation and purchase of travel-related goods and services through this Platform. Please read these additional terms and conditions carefully. In particular, please understand that you do not have an automatic right of cancellation of any reservation made through the Platform unless such right is provided for by the Supplier pursuant to its policies. You agree to abide by the terms and conditions of purchase imposed by any Supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the Supplier's rules and restrictions regarding availability, minimum age requirements, and use of rental cars and/or other products or services. You acknowledge that some Suppliers offering rental cars and/or other products or services may require you to adhere to local policies as a prerequisite to using and/or participating in the service and/or activity they offer. You understand that any violation of any such Supplier's rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the rental cars and/or other product or services, in your forfeiting any monies paid for such reservation(s), and/or in our billing you for any costs we incur as a result of such violation.
SORT ORDER
As a traveler shopping on our site, you have many options to help you find the perfect car rental. Our default sort order is based on the lowest total price. In cases where two cars have the same total price, the car that is listed first is determined randomly. In addition, the filter settings allow you to include or exclude various options to suit your travel needs. Additionally, we continually optimize our service to provide you the best experience. Accordingly, we may test different default sort order algorithms from time to time.
REVIEWS, COMMENTS & OTHER SUBMISSIONS
We appreciate hearing from you. Please be aware that by submitting content (“Submissions”) to us by electronic mail by posting on our Platform, or by any other method, including by providing any car rental reviews, questions, comments, suggestions, ideas or the like , you grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised. You acknowledge that we may provide attribution of your comments or reviews (for example, listing your name and hometown on a car rental review that you submit) in accordance with our Privacy Statement. You acknowledge and agree that Submissions are non-confidential and non-proprietary to you. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments.
You are fully responsible for the content of your Submissions (specifically including, but not limited to, reviews posted to the Platform). You are prohibited from posting or transmitting to or from the Platform: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services, other than reviews of the Services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to the Platform. You acknowledge that enDrive may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you.
NO WARRANTIES
The Services, including all information available through the Platform, are provided by enDrive on an "as is," "as available" basis without warranties of any kind, either expressed or implied, other than those imposed by law, including but not limited to, warranties of title or implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. Without limiting the above, no warranty or guarantee is made, and enDrive specifically disclaims any warranty or guarantee, (i) regarding the acceptance of any Request; (ii) that you will receive the lowest available price for goods and/or services available through the Platform; (iii) regarding the availability of products and/or Services through the Platform or, where applicable, at any participating Supplier, retailer or retailer location; (iv) that use of the Platform and all software, information, products or services associated with the Platform will be uninterrupted or error-free; (v) regarding the results that may be obtained from the use of the Platform; (vi) regarding the completeness, accuracy, reliability or quality of any information, content, data, service, advice or merchandise provided or available through the Platform (including errors or other inaccuracies relating to the information and description of the car and other travel products and services displayed on the Platform or the pricing or photographs associated therewith); (vii) regarding the performance or non-performance of the Platform including, but not limited to, any performance or non-performance in connection with or as a consequence of the passage of time; (viii) that enDrive will continue to support, upgrade or provide any feature of the Platform; or (ix) regarding the safety, functionality, suitability for a particular purpose or any other feature or attribute of a vehicle reserved using the Platform. You expressly agree that the use of the Platform is at your sole risk. The inclusion or offering of any products the Platform does not constitute any endorsement or recommendation of such products by enDrive. Any claim arising from or related to the use of, or inability to use, a vehicle must be resolved solely between you and the applicable car rental agency.
GENERAL LIMITATION OF LIABILITY
The Suppliers providing travel products or other services on this Website are independent contractors and not agents or employees of enDrive. enDrive is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such Suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting from the acts or omissions of such Suppliers. enDrive has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.
In no event shall enDrive be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of the Platform or with the delay or inability to access, display or use the Platform (including, but not limited to, your reliance upon opinions appearing on the Platform; any computer viruses, information, software, linked sites, products and services obtaining through the Platform; or otherwise arising out of the access to, display of or use of the Platform) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if the enDrive has been advised of the possibility of such damages.
If, despite the limitation above, enDrive, LLC is found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then enDrive’s liabilities will in no event exceed, in the aggregate, the greater of (a) the fees or charges you paid to enDrive in connection with transaction(s) on the Platform, or (b) One-Hundred Dollars (US$100.00).
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the enDriveits affiliates and/or their respective Suppliers, successors and assigns.
Some states-to the extent their law might be deemed to apply - do not allow the limitation of liability, so the foregoing limitations might not apply to you.
INDEMNIFICATION
You agree to defend and indemnify enDrive and any of its officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
1. your breach of these Terms;
2. your violation of any law or the rights of a third party;
3. your use of the Platform; or
4. your use of the Platform for, or on behalf of, a third party.
LINKS TO THIRD PARTY WEBSITES
The Platform may contain hyperlinks to websites operated by parties other than enDrive. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Platform or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
TERMINATION OF USAGE
User access to all or part of the Platform may be terminated or suspended at any time, without notice and for any reason.
BANK AND CREDIT CARD FEES
Suppliers with whom you interact on the Platform may have to verify: (i) the validity of the payment card (through a charge of a nominal value that is either refunded within a few days or deducted from the final payment due to the travel supplier) and, (ii) the availability of funds on the payment card (to be confirmed by the bank issuing your credit card). Additionally, some banks and credit card companies impose fees for international or cross border transactions. For instance, if you are making a booking using a US-issued card with a non-US merchant, your bank may charge you a cross-border or international transaction fee. Furthermore, booking international travel may be considered an international transaction by your bank or card company, since we may pass your card details to an international travel Supplier to be charged. In addition, some banks and card companies impose fees for currency conversion. For instance, if you are making a booking in a currency other than the currency of your credit card, your credit card company may convert the booking amount to the currency of your credit card and charge you a conversion fee. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.
SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that we make available to download from the Platform ("Software") is the copyrighted work of the enDrive, LLC., and/or our respective licensees and is protected by law. Your use of such Software is governed by the terms of any end user license agreement that accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available by us for download on the Platform that is not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, non-exclusive, nontransferable license to download, install and use the Software for viewing and otherwise using the Platform and/or accessing the content and information available within the Platform (including, without limitation, price and availability of travel services) in accordance with these Terms and for no other purpose.
PATENT NOTICES
One or more patents owned by the enDrive, LLC., may apply to the Platform and to the features and services accessible via the Platform. Portions of this Website operate under license of one or more patents. Other patents pending.
GENERAL
These Terms constitute the entire agreement between you and EnDrive relating to the subject matter hereof, and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter. We may modify these Terms at any time by posting the revised Terms on the Platform. You can determine when these Terms were last revised by referring to the “Revision Date” legend at the top of these Terms. If any provision of this agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. The captions in these Terms are only for convenience and do not, in any way, limit or otherwise define the terms and provisions of these Terms.
SERVICE HELP
For quick answers to your questions or ways to contact us, visit our Customer Support Center. Or, you can write to us at:
Attn: Customer Service
enDrive, LLC.
1475 Island Ave
San Diego, CA 92101