THESE TERMS INCLUDE AN AGREEMENT TO SUBMIT CLAIMS EXCLUSIVELY TO INDIVIDUAL (NON-CLASS) ARBITRATION. SEE BELOW
LIMITATIONS OF RESERVATION SYSTEM
By creating a rental reservation in the System, you are notifying MobilityWorks of your desire and intent to rent a vehicle, and MobilityWorks will attempt to reserve a vehicle according to the specifications you provide. However, this does not create a rental agreement. MobilityWorks is not obligated to provide you with a vehicle, and can cancel your reservation at any time, with or without notice. No rental agreement is created until you have provided MobilityWorks with all required information, AND completed and executed a rental agreement. Required information includes, but may not be limited to, the following:
- A current driver’s license for all prospective drivers;
- Proof of insurance meeting our insurance requirements for all drivers;
- Flight information (if applicable);
- Debit card or major credit card to hold the reservation;
- Any specific or unusual requirements related to the wheelchair(s) to be used; and,
- Additional insurance requirements (for commercial renters).
Additionally, for non-airport rentals, payment for a rental is due in full at the time of delivery of the vehicle, and no rental agreement is made or effective until such payment is received. For airport rentals, payment is due the greater of three (3) business days or 72 hours prior to delivery.
DISCLAIMER OF WARRANTIES AND CONDITIONS
THIS DISCLAIMER OF WARRANTIES AND CONDITIONS (THIS “DISCLAIMER”) APPLIES ONLY TO YOUR USE OF THE SYSTEM. IT DOES NOT APPLY TO ANY PROSPECTIVE RENTAL VEHICLES, FOR WHICH OTHER TERMS, DISCLAIMERS, OR LIMITATIONS MAY APPLY.
THESE TERMS ARE NOT A CONTRACT FOR SALE OR RENTAL, AND THE SYSTEM IS NOT A “GOOD” WITHIN THE MEANING OF THE UNIFORM COMMERCIAL CODE. INSTEAD, USE OF THE SYSTEM IS PROVIDED TO YOUR FOR FREE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SYSTEM IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND WHATSOEVER, EITHER EXPRESS, IMPLIED OR STATUTORY. THERE ARE NO WARRANTIES OR CONDITIONS WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREROF. ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED. NEITHER MOBILITYWORKS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, OR MAINTENANCE OF THE SYSTEM WARRANT THAT THE FUNCTIONS CONTAINED IN THE SYSTEM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER UPON WHICH THE SYSTEM IS HOSTED WILL BE FREE OF HARMFUL SOFTWARE OR VIRUSES.
You acknowledge and agree that MobilityWorks is not responsible for delay, interruption, or disruption of the System, or the telecommunications provider hosting the system, for any period of time. Notwithstanding the foregoing, you accept full responsibility and liability for any errors made by you in the operation of the System and in any rental reservations as a result thereof.
LIMITATION OF LIABILITY
MOBILITYWORKS IS NOT LIABILE FOR ANY CLAIM WHATSOEVER ARISING FROM OR RELATED TO THE USE OF THE SYSTEM. IN NO EVENT WILL MOWBILITYWORKS, ITS AFFILIATES, OR ANY RELATED THIRD PARTY BE LIABLE FOR ANY FORM OF INDIRECT, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SYSTEM, REGARDLESS OF WHETHER SUCH DAMAGES WERE REASONABLE FORESEEABLE AND/OR NOTICE WAS GIVEN REGARDING THEM. THESE LIMITATIONS WILL APPLY TO ANY AND ALL CAUSES OF ACTION, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. NOTHING HEREIN SHALL BE CONSTRUED TO LIMIT OR EXCLUDE LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE, FRAUD AND/OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT, BY LAW, MAY NOT BE EXCLUDED OR LIMITED.
ARBITRATION, JURISDICTION AND VENUE
These Terms shall be governed by, construed and enforced in accordance with the laws of the State of Ohio, and any disputes hereunder shall be resolved through individual (non-class) arbitration. You and MobilityWorks intend for this to be a binding agreement for arbitration enforceable under the Federal Arbitration Act, and waive any rights to other available resolution options, including that of a court or administrative proceeding.
If the foregoing arbitration provision is waived or determined to be invalid, then any disputes under these Terms shall be heard in the state and federal courts of Summit County, Ohio.