RENTACARNOW, LLC TERMS OF USE AGREEMENT

IMPORTANT!

READ THIS AGREEMENT BEFORE ACCESSING WEBSITE

THIS TERMS OF USE AGREEMENT WAS LAST UPDATED ON JANUARY 26, 2011

This Terms of Use Agreement (“Agreement”) sets forth the terms and conditions with respect to the use of RENTACARNOW, LLC’s Website , www.rentacarnow.com. By using this Website you, the User, agree to this Agreement. If you do not agree to this Agreement, you should immediately cease all usage of the Website. RENTACARNOW, LLC reserves the right, at any time, to amend, modify, alter, or update this Agreement without prior notice. Modifications shall become effective immediately upon being posted at www.rentacarnow.com. The User's continued use of the Website after amendments, modifications, alterations or updates are posted constitutes an acknowledgment and acceptance of the Agreement and its amendments, modifications, alterations and/or updates . Except as provided in this paragraph, this Agreement may not be amended.

1. Permitted Use

You agree that you are only authorized to visit, view and to retain a copy of pages of this Website for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Website for any purpose other than to obtain vehicle rental information and to reserve rental vehicles.

The content and software on this Website is the property of RENTACARNOW, LLC and/or its vendors and is protected by U.S., Canadian and international copyright laws.

2. Prohibited Acts

You agree not to use the RENTACARNOW, LLC Website to: a. Harvest or collect email addresses or other contact information of other users from the Website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; b. Use the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website; c. Use automated scripts to collect information from or otherwise interact with the Website; d. Upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, pornographic, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable; e. Register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity; f. Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity; g. Upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; h. Upload, post, transmit, share, store or otherwise make publicly available on the RENTACARNOW, LLC Website any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; i. Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes; j. Upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; k. Intimidate or harass another; l. Upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; m. Use or attempt to use another's account, service or system without authorization from RENTACARNOW, LLC, or create a false identity on this Website. n. Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of RENTACARNOW, LLC, is objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose RENTACARNOW, LLC or its users to any harm or liability of any type.

3. Modifications and Interruption to Websites.

RENTACARNOW, LLC reserves the right to modify or discontinue its Website with or without notice to the User. RENTACARNOW, LLC shall not be liable to User or any third party should RENTACARNOW, LLC exercise its right to modify or discontinue either or both Website. User acknowledges and accepts that RENTACARNOW, LLC does not guarantee continuous, uninterrupted or secure access to its Website and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of RENTACARNOW, LLC’S control.

4. Third-Party Sites.

RENTACARNOW, LLC's Websites may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. User acknowledges that RENTACARNOW, LLC is not responsible for the availability of, or the content located on or through, any third-party site. User should contact the site administrator or webmaster for those third-party sites if User has any concerns regarding such links or the content located on such sites. User's use of those third-party sites is subject to the terms of use and privacy policies of each site, and RENTACARNOW, LLC is not responsible therein. RENTACARNOW, LLC encourages all Users to review said privacy policies of all third-parties' sites.

5. Disclaimer Regarding Accuracy of Third Party Information.

While RENTACARNOW, LLC makes every reasonable effort to ensure that the information on its Website is accurate, RENTACARNOW, LLC can make no representations or warranties as to the accuracy or reliability of any information provided by third parties. RENTACARNOW, LLC also makes no warranties or representations whatsoever with regard to any product provided or offered by any third party, and User acknowledges that any reliance on representations and warranties provided by any third party shall be at User's own risk.

6. Advertising Content

Any ads in the Website are published in good faith without verification. We reserve the right to refuse, classify, revise or censor any ads for any reason in our sole discretion. The ads posted on the Website may include inaccuracies or errors. We do not under any circumstances accept responsibility for the accuracy or otherwise of any ads or messages in the Website, nor is any kind of warranty provided, whether express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement of a third party's rights of any kind. We do not control the terms and conditions of car rental agreements or any other contracts offered to you by advertisers on the Website. We are not responsible for any loss or damage which might be incurred by you as a result of your use of the Website or any advertisers or other third parties linked to the Website, including, without limitation, any independent car rental agency that you might access through the Website.

There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between us and you or any advertisers on the Website.

We specifically disclaim any and all liability to you and advertisers on the Website of any kind, for loss or damage of any nature, whatsoever and howsoever arising, whether due to inaccuracy, error, omission or any other cause, whether on the part of us, or our employees or agents, or any other person, due to your or their use of the ads, the information contained therein, or any other information available on the Website.

You are advised to review the ads and message details carefully before entering into any agreement of any kind with, or before disclosing any personal information to the advertisers on the Website. If you are in doubt, you should obtain legal advice before proceeding.

7. Copyright and Trademark.

Except where noted, all content included or available on the Website, including site design, text, graphics, interfaces, and the selection and arrangements thereof is Copyright of RENTACARNOW, LLC, and all rights are reserved. Intellectual property available on the Website that is owned by any third party is protected under that third party's intellectual property rights.

Any use of materials on the Website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of RENTACARNOW, LLC is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy RENTACARNOW, LLC’S web pages or the content contained therein without prior written permission of an authorized officer of RENTACARNOW, LLC.

RENTACARNOW is a proprietary and protected mark of RENTACARNOW, LLC. RENTACARNOW, LLC’S marks may not be used in connection with any product or service that is not provided by RENTACARNOW, LLC or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits RENTACARNOW, LLC or any party associated with RENTACARNOW, LLC.

All other trademarks displayed on RENTACARNOW, LLC’S Website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those third parties. In addition, such use of trademarks or links to the Websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with RENTACARNOW, LLC.

8. Notification of Claimed Copyright Infringement.

If you are a copyright owner or an agent thereof and believe that any content on the Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): 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 at a single online site are covered by a single notification, a representative list of such works at that site; c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; d. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; e. A statement that you have 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. RENTACARNOW, LLC’S designated Copyright Agent to receive notifications of claimed infringement is: Brett Sklar, RENTACARNOW, LLC, 954 Lexington Ave., #317, New York, NY 10021. Tel. (917) 541-1913. Email address: bfs@rentacarnow.com. You acknowledge that if you fail to comply with all of the requirements of this Section 8, your DMCA notice may not be valid.

9. Botnets.

RENTACARNOW, LLC retains the right, at its sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, RENTACARNOW, LLC reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at its discretion.

10. Access and Interference.

You agree that you will not use any robot, spider or other automatic device, process or means to access the Website. Nor shall you use any manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission of RENTACARNOW, LLC. You agree that you will not use any device, software or routine that interferes with the proper working of the Website nor shall you attempt to interfere with the proper working of the Website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not access, reload or "refresh" web pages, or make any other request to our servers, more than once during any three second interval. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from the Website without the prior expressed written permission of RENTACARNOW, LLC.

11. Linking.

All linking to the Websites web pages must be in plain text. The link must not damage, dilute, modify or tarnish RENTACARNOW, LLC and/or its intellectual property, nor shall the link create the false appearance that any other entity is sponsored, endorsed by, or affiliated with RENTACARNOW, LLC. No party shall link to the Website from a site that is unlawful, abusive, indecent, that promotes violence or illegal acts, that contains expressions of racism, that is libelous or inflammatory, or is otherwise deemed inappropriate as determined by RENTACARNOW, LLC at its sole discretion. RENTACARNOW, LLC reserves the right to terminate any link for any reason without limitation.

12. Cash Back Rewards Program.

The Cash Back Rewards Program (the "Program") began at 12:01 AM Eastern Time on January 27, 2011. The Program is subject to the provisions set forth below in this Section 12 and more generally to this Terms of Use Agreement.

A. Eligibility The Program is open only to individuals who are eighteen (18) and older and have a valid email address. Companies, associations or other groups may not participate.

B. Earning Cash Back You will receive $25.00 cash back (the “Cash Back Reward”) for every five (5) cars actually rented by you that are booked through the RENTACARNOW website within any given twelve (12) month period, subject to the exclusions below that do not qualify:

1.  Bookings made prior to 12:01 am EST on January 27, 2011.
2.  Package bookings.
3.  Bookings made using a coupon.
4.  Bookings made at a price of $0 (i.e., free bookings).

To receive credit (“Cash Back Credit”) for a booking, you must book your reservation using the same e-mail address for all rentals on RENTACARNOW.com. If another email address is used, it will be considered another account and credited to that account. You cannot receive Cash Back Credit for a booking after the booking has been made.

Only the customer booking the qualifying rental car receives the Cash Back Credit. Other passengers do not.
Cash Back Credits will be added to your Account within seventy-two (72) hours after you have completed your car rental.

Bookings that are determined to be invalid as set forth herein are subject to disqualification.

C. Payment Within sixty (60) days of your having rented five (5) cars booked through RENTACARNOW.com during any given twelve-month period, RENTACARNOW will send you a check for the Cash Back Reward.

D. Program Changes and Termination Each Cash Back Credit is valid for one (1) year from the date of completion of the rental. After one (1) year from the date a Cash Back Credit is earned, the Cash Back Credit will expire and that Cash Back Credit will not count towards the five (5) needed to earn the Cash Back Reward.

RENTACARNOW may modify any of the terms and conditions governing the Program – including, but not limited to, the rules for earning Cash Back Credits and for paying out Cash Back Rewards – at any time, with or without notice, even though these changes may affect your ability to receive a Cash Back Reward.

The Program has no predetermined termination date and may continue until such time as RENTACARNOW decides to terminate the Program. RENTACARNOW may terminate the Program at any time. Upon termination, RENTACARNOW will keep outstanding Cash Back Credits alive for a period of thirty (30) days from the date Program termination is announced. After that date, any Cash Back Credits will be forfeited without compensation.

Your continued participation in the Program constitutes your acceptance of any changes to this Terms of Use Agreement. You are responsible for remaining knowledgeable as to any changes that RENTACARNOW may make to this Terms of Use Agreement. The most current version of the Terms of Use Agreement will be available on the RENTACARNOW website and will supersede all previous versions of this Terms of Use Agreement.

E. General Terms RENTACARNOW reserves the right to discontinue the participation privileges of any individual who engages in any fraudulent activity or uses the Program in a manner inconsistent with this Terms of Use Agreement or any federal or state laws, statutes, or ordinances. Discontinued participation privileges may result in the loss of all accumulated Cash Back Credits. In addition to discontinuance of participation privileges, RENTACARNOW shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion. Cash Back Credits do not constitute the property of any participant and may be revoked by RENTACARNOW at any time as set forth herein. Cash Back Credits may be not sold, transferred, combined with any other member's account, or assigned, and are not transferable upon death, as part of a domestic relations matter, or otherwise by operation of law. Except where prohibited, you agree that any and all disputes, claims, and causes of action arising out of, or connected with, the Program shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in New York County, New York. All issues and questions concerning the construction, validity, interpretation, and enforceability of this Terms of Use Agreement, your rights and obligations, or the rights and obligations of RENTACARNOW in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.

The Program is void where prohibited by law. The failure of RENTACARNOW to enforce any provision of this Terms of Use Agreement shall not constitute a waiver of that or any other provision. RENTACARNOW's decisions as to all questions or disputes regarding Program eligibility, earning or redemption of Cash Back Credits or your compliance with this Terms of Use are final.

13. Disclaimer of Warranties.

THE WEBSITE, RESERVATION SYSTEM, AND/OR ANY CONTENT THEREON ARE PROVIDED “AS IS” AND “WHERE IS” AND YOU AGREE THAT YOUR USE OF ANY OF THE FOREGOING SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, AND EACH PROVIDER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, THE CONTENT, THE RESERVATION SYSTEM AND ANY NETWORK, SYSTEMS, AND/OR SERVERS RELATED THERETO AND ANY SERVICES OR INFORMATION ACCESSIBLE THEREIN INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, OR THAT YOUR USE OF THE WEBSITE, CONTENT, AND/OR THE RESERVATION SYSTEM WILL MEET YOUR EXPECTATIONS, BE UNINTERRUPTED, VIRUS OR ERROR-FREE, OR COMPLETELY SECURE. FURTHER, WE AND OUR PROVIDERS MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE, CONTENT, AND/OR THE RESERVATION SYSTEM, OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, LACK OF COMPLETENESS, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, CONTENT, AND/OR THE RESERVATION SYSTEM (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR OR OUR PROVIDERS’ SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, CONTENT, AND/OR THE RESERVATION SYSTEM (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE OR THE RESERVATION SYSTEM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR THE RESERVATION SYSTEM OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, CONTENT AND/OR THE RESERVATION SYSTEM. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, OPINION, ADVICE, RECOMMENDATION OR SERVICE PROMOTED, ADVERTISED OR OFFERED OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE, CONTENT, AND/OR THE RESERVATION SYSTEM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PROVIDERS OF PRODUCTS OR SERVICES.

14. Limitation of Liability.

RENTACARNOW, LLC SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR OTHER DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE USE OF THE WEBSITE OR THE INFORMATION CONTAINED ON THE WEBSITE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF RENTACARNOW, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE. FURTHER, RENTACARNOW, LLC ACTS AS A RESERVATION GENERATING SERVICE ON BEHALF OF ITS CLIENTS, THE CAR RENTAL AGENCIES IDENTIFIED ON THE WEBSITE. RENTACARNOW, LLC DOES NOT MAINTAIN A PARTNERSHIP INTEREST OR OWNERSHIP INTEREST IN ANY OF ITS CLIENTS, AND DOES NOT RENT CARS. RENTACARNOW, LLC WILL NOT BE HELD LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE RENTAL POLICIES OF ITS CLIENTS, THE QUALITY, SAFETY OR AVAILABILITY OF RENTAL VEHICLES, OR THE PROVISION OR REFUSAL OF RENTAL SERVICES BY ANY CAR RENTAL AGENCY CLIENT OF RENTACARNOW, LLC.

15. Indemnification.

User agrees to defend, indemnify and hold RENTACARNOW, LLC, its parents, subsidiaries, affiliates, associates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of User's use of the Website, any violation of this Agreement, or infringement by User, or other User(s) of the Website using User's computer, of any intellectual property or any other right of any person or entity.

16. Governing Law; Jurisdiction.

RENTACARNOW, LLC's Websites are operated and provided in the State of New York. As such, RENTACARNOW, LLC is subject to the laws of the State of New York, and such laws will govern this Agreement, without giving effect to any choice of law rules. RENTACARNOW, LLC makes no representation that its Websites or other services are appropriate, legal or available for use in other locations. Accordingly, if User chooses to access RENTACARNOW, LLC’s Website, User agrees to do so subject to the internal laws of the State of New York.

17. Compliance with Laws.

User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Website in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees 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. Any violation of these Terms may be referred to law enforcement authorities.

18. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. User agrees that this Terms of Use Agreement and any other agreements referenced herein may be assigned by RENTACARNOW, LLC, at its sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between RENTACARNOW, LLC and User. User agrees that by accepting this Terms of Use Agreement, User is consenting to the use and disclosure of User's personally identifiable information and other practices described in RENTACARNOW, LLC’S Privacy Policy Statement.