Use Of The Site
Silvercar maintains the Site for your non-commercial, personal use. Your use of the Site for any other purpose is permissible only upon the express prior written consent of Silvercar. We reserve the right in our sole discretion to terminate or restrict your use of the Site, without notice, for any or no reason, and without liability to you or any third party. You must be at least 18 years of age to use the Site. If you are not at least 18 years old, you must not access or use the Site.
Code of Conduct
While using this Site, you agree not to:
- Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of "hacking," "denial of service" attacks or defacing any portion of the Site;
- Use the Site for any unlawful or unauthorized purpose;
- Express or imply that any statements you make are endorsed by Us, without our prior written consent;
- Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights; (b) any material, non-public information about Us, any of our licensees or affiliates, or any third party without the authorization to do so; (c) any trade secret of ours, any of our licensees or affiliates, or any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by Us);
- Engage in spamming or flooding;
- Modify, adapt, sub-license, translate, sell, transfer, reverse engineer, decompile, or disassemble any portion of the Site;
- "Frame" or "mirror" any part of the Site without our prior written authorization;
- Tamper in any way with the software or functionality of the Site, including, without limitation, transmitting or posting any software or other materials to the Site that contains any viruses, time bombs, Trojan horses, worms, cancelbots or other computer programming routines that may damage, interfere with, intercept, or expropriate any system, data, or information;
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way gather or extract discount coupons or other content on or available through the Site, or otherwise reproduce or circumvent the navigational structure or presentation of the Site or its contents;
- Harvest, “scrape,” or collect information about visitors to or users of the Site without their express consent;
- Create a database by systematically downloading and storing all or any of the information on the Site;
- Make postings of a commercial nature; or
- Permit others, including those whose accounts were terminated, to access the Site through your account, username or password.
All reservations and transactions made through the Site are subject to Silvercar's acceptance, which is in our sole discretion. Without limitation, this means that Silvercar may refuse to accept or may cancel any reservation or transaction, whether or not the reservation or transaction has been confirmed, for any or no reason, in our sole discretion, and without liability to you or any third party.
Verification of submitted data may be required prior to our acceptance of any reservation, purchase or order. Except as otherwise required by law or as otherwise expressly stated by Us, price, rate and availability of products or services are subject to change without notice. You acknowledge that reservations, purchases and services are subject to additional terms and conditions imposed by Us or by our affiliates, licensees or associates, including our Rental Terms and Conditions.
Used Vehicle Sales
In addition to other services offered, Silvercar offers used vehicles for sale from its existing fleet of vehicles. The following terms and conditions apply to each and every sale of a used vehicle by Silvercar. Silvercar’s vehicles are only offered for sale to citizens of the United States of America, eighteen (18) years of age or older, who have the capacity to enter into a valid contract to purchase a motor vehicle. All vehicles listed are only available for sale from Silvercar’s facility in Del Valle, Texas. Silvercar reserves the right to amend any part of the terms and conditions applicable to its used vehicle sales, at any time without notice and without incurring any obligation. Silvercar encourage you to periodically review these terms and conditions for amendments.
- All used vehicles listed are offered for sale “AS-IS”: ALL VEHICLES OFFERED ON OUR SITE ARE SOLD “AS IS,” WITH ALL FAULTS AND SILVERCAR DOES NOT IN ANY WAY, EXPRESSLY OR IMPLIEDLY, GIVE ANY WARRANTIES TO CUSTOMERS. SILVERCAR EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT ANY MANUFACTURER’S WARRANTY STILL APPLIES TO THE ANY LISTED VEHICLE OR ANY COMPONENTS THEREOF, SILVERCAR DISCLAIMS ANY RESPONSIBILITY FOR SUCH WARRANTY.
- All Sales Final: All sales of used vehicles by Silvercar are final upon Silvercar’s receipt of the full purchase price and title is transferred to the customer. After sale, Silvercar’s used vehicles are not eligible for return, refund by Silvercar, or subsequent discount.
- No Financing: Silvercar does not offer financing for its used vehicles, or any other form of credit, and customers are responsible for the full payment due at delivery.
- Customer’s Responsibility − Insurance and Tags: After the sale of a used vehicle to a customer, Silvercar will cancel any insurance coverage, license, tags, or plates or registration on the purchased vehicle previously maintained by Silvercar. Although Silvercar may offer its customers assistance in securing proper insurance, tags, and plates, it has no obligation to do so, and ensuring that such items are secured and maintained is the sole responsibility of the customer.
- Customer Driver’s License: In connection with your purchase of a vehicle from Silvercar, you may be required to provide Silvercar with a copy or image of your driver’s license. By providing Silvercar with a copy or image of your driver’s license, you agree that Silvercar may scan the license and use and retain the information contained therein in a manner permitted by applicable law.
- Site Information: Silvercar designed the Site to meet the used vehicle shopping needs of its customers by providing you with information about Silvercar’s used vehicle inventory. Despite our best efforts, however, it is inevitable that some inaccuracies may occasionally be present, including but not limited to incorrect statements of prices for or accessories on particular vehicles. Additionally, photographs of automobiles found on the Site may not be photographs of the actual vehicles and are intended to be generally representative of the make of vehicle for sale. For this reason, please contact Silvercar to confirm the accuracy of the contents of our Site before you visit our store location. Further, Silvercar reserves the right to change product pricing and specifications without notice.
- Minors: In compliance with the Children’s Online Privacy Protection Act, Silvercar does not knowingly or intentionally solicit or collect information from minors, and our marketing is not directed at minors. If Silvercar determines that a customer or other person is under eighteen (18) years of age and has submitted information by way of our Site, Silvercar will immediately delete such information.
We reserve the right, in our sole discretion, to modify, suspend or discontinue any part of the Site at any time, without notice or liability to you or any third party. We also reserve the right, in our sole discretion, to impose limits on certain features and services.
We reserve the right, without prior notification, to change any descriptions or images of, references to, or prices of, any products or services on the Site, or to limit the order quantity on any such product or service and/or refuse service to you. We note that descriptions or images of, or references to, third party products or services do not necessarily imply our endorsement of such products or services.
Links To Other Sites
The Site may include links to third-party Websites. Silvercar does not control and is not responsible for the content or privacy policies of any linked site, and the inclusion of any link on the Site does not imply our endorsement of it.
2. Premium Rewards Program Rules And Conditions
The Premium Rewards Program (“Program”) is a free rewards program offered by Silvercar. By clicking “Accept,” you are automatically enrolled in the Program, and also fully and unconditionally accept and agree to be bound by the Program Rules and Conditions (“Rules and Conditions”) related to the Program below.
To be eligible for the Program, you must be at least the age of majority (18 years in most states) and must qualify to rent a vehicle from Silvercar.
Earning and Spending Points
As a Program member, you are awarded points on qualifying rentals (“Points”). Points are only awarded upon the completion of a qualifying rental transaction that is paid in full or the completion of other specific non-rental activities identified and specified by Silvercar including but not limited to promotional campaigns or offers (“Activity” or “Activities”).
Points from rental Activities are awarded solely on the base rate of the rental. You do not earn Points for taxes, fees, or other costs beyond the base rate of the rental. You will not be awarded Points for any Activity, or portion of an Activity, obtained through the use of Points. You will earn 1 (one) Point per 1 (one) dollar spent on the base rate of the rental. Silvercar has sole discretion to determine or modify, without notice, Points ratios (including the number of Points awarded per dollar spent), or the number of Points awarded for any specific rental.
Points from non-rental Activities are awarded as specified by Silvercar for each Activity.
Silvercar may also, in its sole discretion, offer or gift additional Points based on individual circumstances.
You can use Points for rentals. You may also use a combination of Points and money if you have enough Points in your current Points balance to cover at least 50 percent of the base rate of the total reservation. Points will be deducted from your account upon booking a reservation.
Using Points for rentals is subject to availability at the time of reservation. Advance reservations are required.
You may not use Points for any overage charges for your rental. You may not use Points for any required fees or costs or any fees or costs subsequently assessed against you at the completion of a rental to offset costs associated with replacement or repair of a rental vehicle.
Expiration of Points
Subject to other terms of the Program, Points will not expire provided you complete an Activity at least once every 24 (twenty-four) months.
Silvercar reserves the right at any time in its sole discretion to make any adjustments to the Points awarded for each Activity.
Effect of a Canceled or Modified Reservation
You will not earn Points for a cancelled or incomplete reservation. Points used to obtain a rental will be returned to your Points balance if you cancel your reservation before the rental begins.
Points will be awarded based on actual amounts paid for the base rate of a reservation. Where you use Points for a reservation, and such reservation is extended after the rental begins, you cannot use Points for such extension or other additional charges incurred and you will be charged for such amounts accordingly.
In the event that you return a vehicle on a reservation made with Points prior to the scheduled end of such reservation, we will provide a partial refund of Points to your account only in the event that you contact us with a request to do so. To inquire about Points refunds, please contact Us at firstname.lastname@example.org.
No Cash Value
POINTS HAVE NO CASH VALUE OR CASH EQUIVALENT. Points may not be exchanged or otherwise redeemed for cash or credit.
No Sale or Transfer
You may not transfer, sell, or barter any Points. Silvercar reserves the right at any time in its sole discretion to void any Points Silvercar believes in its sole discretion to have been bartered, sold, exchanged, or issued to someone other than you.
Silvercar reserves the right to monitor your account at any time and without notice for compliance with these Rules and Conditions. Silvercar may also review your Points balance and transaction history without limitation.
Silvercar may cancel or suspend your Program membership and benefits, including accumulated Program Points, at any time with immediate effect and without written notice, for any reason and in Silvercar’s sole discretion.
The Program and related benefits including but not limited to Points are the sole property of Silvercar. You may cancel your Program membership by contacting us at email@example.com. By canceling your membership, you are also opting out of earning and future use of Program Points. Upon termination of Program membership for any reason, all unredeemed Points will be forfeited and you will no longer be able to participate in the Program. Forfeited or unused Points have no cash value or equivalent. Silvercar will not provide any compensation for forfeited or unused Points.
Modification of Rules and Conditions
Silvercar may and reserves the sole right at any time to amend, modify or supplement these Rules and Conditions at any time for any reason and without notice. Silvercar may make changes without limitation that affect the award and use of Points. All Program benefits, offers, rewards and services are subject to availability and may be changed at any time without notice. Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change. Continued membership in the Program will constitute your acceptance of any such amendment, modification, or supplementation of the Program. You are responsible for remaining knowledgeable of the Program Rules and Conditions and of any changes, modifications, or supplements to the Program.
Termination of the Program
Silvercar may and reserves the sole right at any time to terminate the Program without advance notice to all active Program members. A Program member may not accumulate Points or claim Program benefits after the termination of the Program. At the time of termination or as otherwise specified by Silvercar all unredeemed Program Points will be forfeited without any obligation or liability and no reward claims will be honored. Silvercar may terminate the Program in whole or in part in any jurisdiction unless otherwise required by law.
Errors and Omissions
Silvercar is not responsible for any (a) loss or misdirection of, or delay in receiving, any Program rewards or benefits; (b) theft or unauthorized redemption of Points; (c) any acts or omissions of third parties; or (d) any errors published in relation to the Program including without limitation any pricing or typographical errors, errors of description, and errors in the crediting or debiting of Points from Program membership accounts, or (e) any error, omission, interruption, defect or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos, or misprints in these Rules and Conditions, in any Program-related advertisements, or other materials; failures of electronic equipment, computer hardware, or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information. Silvercar reserves the right to correct without notice any such errors or omissions.
The receipt of awards including the receipt or redemption of Points may be subject to tax liability. Any tax liability including but not limited to disclosure with respect to the receipt or use of Points is solely your responsibility. Silvercar will not be liable for any tax liability, duty, or other charges in connection with award or use of Points. You should check with your tax advisor regarding possible tax implications.
Use Of Information Submitted
You agree that Silvercar is free to use any comments, information or ideas contained in any communication you may send to Silvercar, without compensation, acknowledgment or payment to you, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services and creating, modifying or improving the Site, the Program or other products or services. You agree that you have all rights necessary to grant this permission to Silvercar.
Silvercar may provide specific discount coupons from time to time for the exclusive use of employees or members of specific entities with which Silvercar has a contractual relationship. Silvercar may also provide specific discount coupons from time to time for the exclusive use of Program members. These entity-specific coupons and the proprietary codes affixed on them are our proprietary property and may only be used by the employees or members of the specific entities or Program members for which the coupons apply. UNAUTHORIZED USE OR DUPLICATION OF ANY OF OUR ENTITY-SPECIFIC DISCOUNT COUPONS IS STRICTLY PROHIBITED.
By using the Site or participating in the Program, you consent to receiving electronic communications and notices from Silvercar. You agree that any notice, agreement, disclosure or other communications that Silvercar sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
All copyrightable Site and Program text, graphics, sound, downloads, software and other material (collectively, the “Content”), the selection, compilation, arrangement and presentation of all materials, and the overall design of the Site and Program, are copyrighted by Silvercar and are protected by law. All rights reserved. You may print a copy of the Content on your computer only for your own personal, non-commercial home use, provided that you do not remove any copyright, trademark or other proprietary notices from the Content. Any other use of the Content is strictly prohibited, unless you have our prior written permission. The Site and Program materials may also contain content that is owned by third parties, including our advertisers. You may use such third-party content only as expressly authorized by the applicable owner. All requests for permission to reprint or make any other use of the Content should be addressed to firstname.lastname@example.org. Silvercar does not warrant that your use of materials displayed on or linked to the Site, or in connection with the Program, will not infringe the rights of third parties.
Silvercar is trademark and service mark owned by Silvercar (this is not an all-inclusive list of Silvercar's trademarks and service marks). Trademarks and service marks designated with the ® symbol are registered with the U.S. Patent and Trademark Office and possibly with foreign countries. Other trademarks and service marks belonging to Silvercar may be designated with the "SM" or "TM" symbols. Our trademarks and service marks may not be used in connection with any product or service without our prior written permission. All other brands, trademarks and names not owned by Silvercar that appear on the Site or in connection with the Program are the property of their respective owners, who may or not be affiliated with, connected to or endorsed by Silvercar.
While Silvercar use its reasonable best efforts to maintain the accuracy and reliability of the Site, the Program and Program information, Silvercar does not warrant or represent that it will always function or be error-free. Silvercar assumes no responsibility or liability for errors or omissions in the Site or Program or for problems with its operation. Your use of the Site and participation in the Program is at your own risk. Without limiting the foregoing, THE SITE, THE PROGRAM, THE CONTENT AND ANY PRODUCT OR SERVICE OFFERED THROUGH THE SITE OR PROGRAM IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of certain warranties. As a result the above may not apply to you.
BY ACCESSING THE SITE AND PARTICIPATING IN THE PROGRAM, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
Limitation Of Liability
IN NO EVENT SHALL SILVERCAR, 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, ANY TRANSACTION ENTERED INTO THROUGH THE SITE, OR YOUR PARTICIPATION OR INVOLVEMENT WITH THE PROGRAM.
This is a comprehensive limitation of liability that applies to all damages of any kind, including any direct, indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, loss of goodwill, loss of use, loss of data, cost of procuring substitute goods, services, or information, litigation or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability, or otherwise, even if an individual advises of the possibility of such damages. The limitation of liability set forth herein is a fundamental element of the basis of the bargain between Silvercar and you. The services offered through the Site or the Program would not be provided without such limitations. You acknowledge and agree that your sole and exclusive remedy for any dispute with Silvercar with respect to your use of the Site or the Program is to stop using the services and cancel your account.
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.
You agree to indemnify, defend, and hold Silvercar and its related companies and each of their respective directors, officers, employees and agents harmless from and against any third-party claim or cause of action, including reasonable attorneys' fees and costs and fees and costs associated with enforcement of this provision, arising, directly or indirectly, in whole or in part, out of your use of the Site, participation in the Program, any Silvercar product or service, or your violation of any law or the rights of any person.
Membership in the Program and the earning and redeeming of Points are subject to all applicable local laws and regulations. Program memberships and Points are offered in good faith; however, they may not be available if prohibited or restricted by applicable law or regulation in the United States or in the Program member’s country of residence. If any part of the Program Rules and Conditions is held to be unlawful or unenforceable, that part will be deemed deleted from the Program Rules and Conditions in such jurisdiction and the remaining provisions will remain in force.
Modified: July 17, 2019
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