USE OF THE SITE OR MOBILE APP
CAG maintains the Site or Mobile App for your non-commercial personal use. Your use of the Site or Mobile App for any other purpose is permissible only upon the express prior written consent of CAG. Without limiting the foregoing, you may not: (1) use the Site or Mobile App in a commercial manner, including by distributing, transmitting or publishing the Site or Mobile App or any of its content; (2) interfere with others’ use of the Site or Mobile App; (3) impair the Site or Mobile App’s operation or interfere with or disrupt the servers or networks connected to it; (4) interfere with CAG’s intellectual property rights; (5) frame or otherwise co-brand the Site or Mobile App or any of its content; (6) deep-link to any portion of the Site or Mobile App; or (7) use the Site or Mobile App for any illegal purpose. We reserve the right in our sole discretion to terminate or restrict your use of the Site or Mobile App, without notice, for any or no reason, and without liability to you or any third party. In such event, we may inform your Internet service provider of your activities and take appropriate legal action.
SITE OR MOBILE APP MODIFICATIONS
We reserve the right, in our sole discretion, to modify, suspend or discontinue any part of the Site or Mobile App 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.
LINKS TO OTHER SITES OR MOBILE APPS
The Site or Mobile App may include links to third-party Websites or Mobile Apps. CAG does not control and is not responsible for the content or privacy policies of any linked site or mobile app, and the inclusion of any link on the Site or Mobile App does not imply our endorsement of it.
RESERVATIONS AND TRANSACTIONS
All reservations and transactions made through the Site or Mobile App are subject to CAG’s acceptance, which is in our sole discretion. Without limitation, this means that CAG 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. Rental contracts between CAG and website users are exclusively entered into at branch locations of CAG and its affiliates and their respective franchisees and are not entered into through this Site.
By using the Site or Mobile App, you consent to receiving electronic communications and notices from CAG. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
All copyrightable 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 or Mobile App are copyrighted by CAG 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 or Mobile App 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. CAG does not warrant that your use of materials displayed on or linked to the Site or Mobile App will not infringe the rights of third parties.
USE OF INFORMATION SUBMITTED
You agree that CAG is free to use any comments, information or ideas contained in any communication you may send to us, without compensation, acknowledgement 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 or Mobile App or other products or services.
While we use our reasonable efforts to maintain the accuracy and reliability of the Site or Mobile App, we do not warrant or represent that it will always function or be error-free. We assume no responsibility or liability for errors or omissions on the Site or Mobile App or for problems with its operation. Your access and use of the Site or Mobile App are at your own risk. Without limiting the foregoing, THE SITE OR MOBILE APP, ITS CONTENT AND ANY PRODUCT OR SERVICE OFFERED THROUGH IT ARE 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, so the above may not apply to you.
LIMITATION OF LIABILITY
IN NO EVENT SHALL CAG, 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 OR MOBILE APP, ANY INFORMATION PROVIDED BY THE SITE OR MOBILE APP OR ANY TRANSACTION ENTERED INTO THROUGH THE SITE OR MOBILE APP.
The foregoing limitation of liability is not applicable to residents of New Jersey. With respect to residents of New Jersey, CAG, its related companies, and each such company’s directors, officers, employees and agent are not liable for any damages unless such damages are the result of our negligent or reckless acts or omissions; and We are not, in any case liable for indirect, incidental, special, consequential or punitive damages.
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 and hold CAG 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, arising, directly or indirectly, in whole or in part, out of your violation of any law or the rights of any person.
You agree that any controversy or claim arising out of or relating to the Site or Mobile App or use of the Site or Mobile App or these Terms, other than claims relating to infringement of copyright or other intellectual property, may only be settled by binding arbitration in accordance with the Paragraph or alternatively, you may assert your claims in small claims court if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The arbitration must be held in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by the parties, in accordance with the applicable procedural rules set forth in the then prevailing Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The JAMS Rules and Procedures are available at www.jamsadr.com or by calling (800) 352-5267. The arbitrator must be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision remains in effect and must be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision is null and void, and neither You nor CAG is entitled to arbitrate their dispute. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH MUST BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.
BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION.