TERMS OF USE

INTRODUCTION

Midway Rent A Car, Inc. dba Midway Car Rental (Midway) offers this Website or Mobile App (“Site”), subject to the following terms and conditions (“Agreement”). Please read this Agreement carefully before using this Site. By accessing and/or using this Site, you fully and unconditionally accept the terms and conditions set forth in this Agreement. If you do not agree to the terms and conditions set forth in this Agreement, you must not use this Site. Midway reserves the right to revise these Terms of Use, so please check back periodically for changes to the Agreement. Your continued use of this Site following the posting of any changes to these Terms of Use constitutes your acceptance of those changes.

USE OF THE SITE

Without the prior written consent of Midway, your modification of the content, use of the content on any other web site or networked computer environment, or use of the content for any purpose other than personal, non-commercial use, violates the rights of the owners of the Midway Site and/or the copyrights, trademarks or service marks and other proprietary rights, and is prohibited. Without limitations to the foregoing, you may not: (1) impair the Site’s operation or interfere with or disrupt the servers or networks connected to it; (2) interfere with others’ use of the Site; (3) use the Site in a commercial endeavor, including the transmission, distribution or publication of the Site or any of its content; (4) interfere with Midway’s intellectual property rights; (5) co-brand the Site or any of its content; (6) use the Site for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting any threatening, libelous, defamatory, obscene, inflammatory, pornographic, or profane material. Midway reserves the right to terminate or restrict your use of the Site, without notice, for any reason, and without liability to you or any third party.

SITE MODIFICATIONS

We reserve the right, without prior notification, to change any descriptions or images of, or references to, any products or services on this Site, or to limit the order quantity on any such product or service and/or refuse service to you.

LINKS FROM THE SITE

This Site may contain links to other Internet websites, apps and online resources. Links on this Site shall not be construed as endorsement, control, or approval of such websites by Midway. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such website or content. Further, the treatment of user data by the operators of third party websites may be different from our treatment of user data.

PRIVACY POLICY

Registration data and certain other information about you is subject to our Privacy Policy. For more information, please review our full Privacy Policy. You agree that Midway is free to use any comments, information or ideas contained in any communication you may send to us, without compensation, acknowledgment or payment to you, for any purpose whatsoever, including, but not limited to, developing, providing and marketing products and services and creating, modifying or improving the Site or other products or services. The Privacy Policy is accessible via a link provided at the bottom of the homepage of this Site.

PASSWORD SECURITY

If you have a user name and/or password for access to non-public areas of the Site, you are solely responsible for maintaining the confidentiality and use of the user name and/or password. Further, you are responsible for all activities that occur in connection with your user name and/or password. You alone are responsible for all transactions initiated, messages posted, statements made, or acts or omissions that occur within the Site through the use of your user name and/or password. You agree to notify us immediately of any unauthorized access to or use of your user name and/or password or any other breach of security. Please read our Privacy Policy (accessible via link provided at the bottom of the homepage of this Site) to learn more about our security practices.

ELECTRONIC COMMUNICATIONS

By using this Site, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Site. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. Please read our Privacy Policy (accessible via link provided at the bottom of the homepage of this Site) to learn more about our electronic communications practices.

RESERVATIONS AND TRANSACTIONS

All reservations and transactions made through the Site are subject to Midway’s acceptance, which is in our sole discretion. Without limitation, this means that Midway may refuse to accept or may cancel any reservation or transaction, whether or not the reservation or transaction has been confirmed, for any and or no reason, in our sole discretion, and without liability to your or any third party. If you wish to make reservations or to purchase or request products or services on this Site, you may be asked by us (or, if you are purchasing or requesting the product or service through a co-branded area of this Site, by the provider of such product or service) to supply certain data applicable to your reservation or purchase, including, without limitation, credit card information and other personally identifiable data about you. You understand that any such personally identifiable data will be treated by us in the manner described in the privacy policy accessible via a link provided at the bottom of the homepage of this Site and, if a Midway co-branded provider is involved, such data will be treated by such provider in the manner set forth in that provider’s privacy statement; you acknowledge that we are not responsible for the information collection or privacy practices of these providers or any other third parties. You agree that all data you provide in making reservations or purchases or requesting services will be accurate, current, and complete. You agree to pay all charges incurred by you or any users of your account and credit card or other payment mechanism at the rate(s) or price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.

INTELLECTUAL PROPERTY

All copyrightable text, graphics, sound, downloads, software and other material found on this Site (the “Site Materials”), the selection, compilation, arrangement and presentation of all Site Materials, and the overall design of the Site are copyrighted by Midway, or are licensed to Midway, and are protected by law. All rights reserved. Any unauthorized use of the Site Materials is strictly prohibited, unless you have our prior written permission. We or our affiliates own registered service marks including, without limitation, “Midway Rent A Car”, “Midway Car Rental”, “Midway Group”, “Midway Car Sales”, “Midway Auto Group”, “Midway Leasing” and certain unregistered marks. Names, logos and other marks identifying our products or services are our or our affiliates’ proprietary marks, and are protected by United States and International trademark laws. All other trademarks and service marks used on this Site are the trademarks, service marks, or logos of their respective owners.

CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that materials posted on the Site violate your intellectual property rights, please contact The Molino Firm, PLC, 4751 Wilshire Blvd., Suite 207, Los Angeles, CA 90010-3860. Please include: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this Site are covered by a single notification, a representative list of those works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the website; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the Digital Millennium Copyright Act of 1998 permits you to send us a counter-notice.

NO WARRANTY

YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MIDWAY NOR ANYONE ASSOCIATED WITH MIDWAY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. MIDWAY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN NO EVENT SHALL MIDWAY, ITS RELATED COMPANIES, AND EACH SUCH COMPANY’S DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE OR INABILITY TO USE THE SITE, ANY INFORMATION PROVIDED BY THE SITE OR ANY TRANSACTION ENTERED INTO THROUGH THE SITE. Some jurisdictions do not allow the exclusion of certain damages, so the above may not apply to you. If any authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law.

LIMITATION OF LIABILITY

You are fully responsible for how you use this Site. You may not share your log-in information with anyone else, but if you do you are fully responsible for how they use the Site. You agree to indemnify, defend, and hold harmless Midway, its officers, directors, employees, service providers, vendors, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms.

INDEMNITY

You agree to defend, indemnify and hold harmless Midway, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your use of the Site or your violation of these Terms of Use, including, but not limited to, any use of the Site’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.

ARBITRATION PROVISION, CLASS ACTION WAIVER, and GOVERNING LAW

All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any claim or dispute, whether in contract, tort, statue or otherwise (including the interpretations and scope of this Arbitration Provision, and the arbitrability of the claim or dispute), between you and Midway or our employees, agents, successors or assigns (“our”), which arises out of or relates to your use of this Site, credit pre-qualification, credit application, purchase or condition of a vehicle, this contract or any resulting transaction or relationship (including any such relationship with third parties who do not sign this contract) shall, at your or our election, be resolved by neutral, binding arbitration and not by a court action. If federal law provides that a claim or dispute is not subject to binding arbitration, this Arbitration Provision shall not apply to such claim or dispute.

Midway and you agree that claims may only be brought in an individual capacity and in the name of an individual person or entity and that claims must proceed on an individual and non-class and non-representative basis. That means you and Midway waive the right to bring a class action and cannot arbitrate any claim as a representative or non-representative member of a class. Midway and you agree that claims of two or more persons may not be joined or consolidated in the same arbitration unless arising from the same transaction. Furthermore, Midway and you agree that neither you nor Midway may pursue the claims in arbitration as a class or collective action, private attorney general action or other representative action. Claims may not be pursued in any court other than to enforce the arbitrator’s award. The arbitrator shall have the authority to award relief only on an individual and non-class and non-representative basis. Accordingly, you and Midway agree that the AAA rules for class actions do not apply to our arbitration.

You may choose the American Arbitration Association, 1633 Broadway, 10th Floor, New York, New York 10019 (www.adr.org), or any other organization to conduct the arbitration subject to our approval. You may get a copy of the rules of an arbitration organization by contacting the organization or visiting its website. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. The arbitrator shall apply governing substantive law and the applicable statute of limitations. The arbitration hearing shall be conducted in the federal district in Southern California which you reside unless the Creditor-Seller is a party to the claim or dispute, in which case the hearing will be held in the federal district where this contract was executed. We will pay your filing, administration, service or case management fee and your arbitrator or hearing fee all up to a maximum of $5,000, unless the law or the rules of the chosen arbitration organization require us to pay more. The amount we pay may be reimbursed in whole or in part by decision of the arbitrator if the arbitrator finds that any of your claims is frivolous under applicable law. Each party shall be responsible for its own attorney, expert, and other fees, unless awarded by the arbitrator under applicable law. If the chosen arbitration organization’s rules conflict with this Arbitration Provision, then the provisions of the Arbitration Provision shall control. Any arbitration under this Arbitration Provision shall be governed by the Federal Arbitration Act (9 U.S.C. §1 et. seq.) and not by any state law concerning arbitration. Any award by the arbitrator shall be in writing and will be final and binding on all parties, subject to any limited right to appeal under the Federal Arbitration Act. You and we retain the right to seek remedies in small claims court for disputes or claims within that court’s jurisdiction, unless such action is transferred, removed, or appealed to a different court. Neither you nor we waive the right to arbitrate by using self-help remedies, such as repossession, or by filing an action to recover the vehicle, to recover a deficiency balance, or for individual injunctive relief. Any court having jurisdiction may enter judgment on the arbitrator’s award. This Arbitration Provision shall survive any termination, payoff, or transfer of this contract. If any part of this Arbitration Provision, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. If a waiver of class action rights is deemed or found to be unenforceable for any reason in a case in which class action allegations have been made, the remainder of this Arbitration Clause shall be unenforceable.

ENTIRE AGREEMENT

These Midway Site Terms of Use, the Midway Site Privacy Policy and the Midway Site SMS Terms and Conditions constitute the entire agreement between you and Midway with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

CONTACT US

This Site is operated by Midway Car Rental, LLC, 4751 Wilshire Boulevard, Suite 120, Los Angeles, CA 90010. If you have any questions about these Terms of Use or the Site, we invite you to contact us by email at [email protected]. All other feedback, comments, requests for technical support and other communications relating to the Site should be directed to: [email protected]. Thank you for visiting the Site. Please check back for changes and updates.

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