Avis Developer Terms of Service Agreement
Last Modified: April 5, 2019
Avis Budget Car Rental, LLC, in conjunction with its affiliated companies and entities (collectively “Avis”) maintains a developer portal, sandbox, and test environment(s), as well as a website containing development tools for external software developers, including but not limited to APIs, scripts, buttons, widgets, app keys, access tokens, developer web pages, documentation, and similar content (“Avis Developer Platform”) that permit developers (“you,” “your,” “yourself,” or “Developers”) to view and test the compatibility and performance of applications and products of the Developers’ own design (the “Application” or “Applications”) with the Avis transportation service (the “Service”). The Avis Developer Platform is for viewing and testing purposes only. Any applications or products created or otherwise developed using the Avis Developer Platform API will not be published, produced, or otherwise made available to end-users without subsequently entering into a separate commercial agreement with Avis permitting such usage.
Avis requires all Developers to accept these Avis Developer Platform Terms of Service (the “Terms”) as a condition of accessing and using any part of the Avis Developer Platform. As such, Avis expressly forbids use or access to any part of the Avis Developer Platform and does not grant a license to use the Avis Developer Platform absent agreement to these Terms.
BY CLICKING "I AGREE" OR ACCESSING OR USING ANY PART OF THE AVIS DEVELOPER PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS, AND YOU AGREE TO BE BOUND BY THESE TERMS. YOU FURTHER AGREE THAT YOUR USE OF THE AVIS DEVELOPER PLATFORM TO DEVELOP AND INTEGRATE ANY SOFTWARE OR APPLICATION WITH AVIS SOFTWARE OR THE SERVICE IS STRICTLY FOR TEST PURPOSES AND NOT BE USED FOR ANY PRODUCTION SOFTWARE, APPLICATION, OR OTHER COMMERCIAL PURPOSE, AND THAT ANY USE OF SOFTWARE OR INTEGRATION FOR A COMMERCIAL PURPOSE OR OFFERING WILL BE GOVERNED BY A SEPARATE AGREEMENT.
Avis reserves the right to update and amend these Terms from time to time by posting any amended Terms to the Avis Developer Platform online portal or notifying you at the email address provided to Avis, which you agree to keep current. Your continued use of the Avis Developer Platform after any amendment to the Terms constitutes your agreement to any such amendment.
These Terms are provided in the English language. If we provide a translation of the Terms, we do so for your convenience only and these English Terms will solely govern our relationship.
YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE ALL AUTHORITY NECESSARY TO BIND YOURSELF TO THESE TERMS. IF, AT ANY TIME, YOU DO NOT AGREE TO THESE TERMS, THEN YOUR LICENSE TO USE THE AVIS DEVELOPER PLATFORM IS REVOKED CONCURRENTLY WITH YOUR DISAGREEMENT, AND YOU MUST IMMEDIATELY DISCONTINUE ALL USES OF THE AVIS DEVELOPER PLATFORM. IF YOU USE THE AVIS DEVELOPER PLATFORM ON BEHALF OF A COMPANY, ORGANIZATION, OR OTHER ENTITY (COLLECTIVELY, A "PARTICIPATING ENTITY"), THEN YOU REPRESENT AND WARRANT THAT YOU: (A) ARE AN AUTHORIZED REPRESENTATIVE OF THAT PARTICIPATING ENTITY WITH THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS; (B) HAVE READ AND UNDERSTAND THESE TERMS; AND (C) AGREE TO THESE TERMS ON BEHALF OF SUCH PARTICIPATING ENTITY.
2. Account Creation and Credential Confidentiality
An account (“Account”) is required to access and use the Avis Developer Platform. You must create an Account by registering with Avis and providing your current, complete, and accurate contact and identity information. If you use the Avis Developer Platform on behalf of a Participating Entity, you must also provide Avis with the current, complete, and accurate contact and identity information of the Participating Entity. You agree to maintain the accuracy of your or the Participating Entity’s contact and identity information. Avis may deny, revoke, or withhold approval of your Account for any reason.
You are solely responsible for maintaining the confidentiality and security of your Account credentials, including, but not limited to, your username, password, and any credentials provided by Avis ("Credentials"). You may only access your Account with the Credentials, and you hold full responsibility and are fully liable for all activities that occur through the use of your Credentials. In the event that you discover or have reason to suspect any unauthorized use of your Credentials or any other Account security breach, you agree to notify Avis immediately of the discovered or suspected unauthorized activity. Avis is not liable for any losses, damages, or claims arising from unauthorized use of your Credentials.
You agree and acknowledge that you will only use anonymous test data and not use any personally identifiable information or production data when using the Avis Developer Platform. You further agree not to store or cache any end-user credentials including, but not limited to, usernames, passwords, and other forms of verification or identification data.
Unless otherwise approved in writing by Avis, you shall:
- At all times comply with these Terms, the Avis Policies, and all other terms governing your use of the Avis Developer Platform;
- Adopt and maintain standards of privacy and confidentiality for the collection, use, and sharing of data related to any user of the Service or your Application that comply with all applicable laws of the United States and any applicable foreign country or jurisdiction, including but not limited to the EU General Data Protection Regulation, and that are no less stringent and user-favorable as the standards set forth in the Avis Policies;
- Promptly notify Avis of any complaint that arises from your use of the Avis Developer Platform;
- Cooperate fully with Avis’ efforts to verify your compliance with these Terms, including promptly providing true and accurate information or other materials related to your Application or your use of the Avis Developer Platform when so requested by Avis;
- Display Avis branding in accordance with Avis’ requirements and trademark guidelines for the purpose of promoting or advertising the Avis Developer Platform and other Avis systems or products, and supply a valid link to the Avis Developer Platform;
- Comply with all export and import laws, restrictions, and regulations of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control ("OFAC"), any other United States agency or authority, any applicable foreign country or jurisdiction, or any applicable foreign agency or authority;
- Secure or ensure that you have secured the necessary rights to grant, distribute, or otherwise make available your Application or any necessary licenses required for testing your Application within the Avis Developer Platform or providing the Application to any end-users and ensure that the operation of your Application does not and will not infringe the rights of any third party; and
- Make reasonable efforts to ensure that all users of your Application comply with any applicable obligations or provisions of these Terms.
Unless otherwise provided by Avis in writing, you shall NOT:
- Collect personal information from users that is not necessary for the functionality, implementation, or use of your Application;
- Use the Avis Developer Platform in any manner, in Avis’ sole discretion, that is competitive to the Service or replicates, replaces or negatively affects the Service;
- Modify, reverse engineer, prepare derivative works of, or derive source code from the Avis Developer Platform, or attempt to do any of the foregoing;
- Fraudulently access the Avis Developer Platform or knowingly create an Account using false information;
- Perform or attempt any action that introduces any viruses, malware, worms, Trojan horses or any other harmful code that could, in Avis’ sole discretion, affect the Avis Developer Platform;
- Perform or attempt any action with the intent to interfere with the functioning of the Avis Developer Platform;
- Suggest or imply in any way that Avis endorses or approves of your Application or any advertising content transmitted through your Application;
- Circumvent any filtering mechanisms employed by Avis;
- Use the Avis Developer Platform to encourage, promote, facilitate, or accomplish any illegal or unauthorized activity, or engage in unfavorable advertising or marketing activities such as spamming that violate any applicable laws, regulations or generally-accepted advertising industry guidelines;
- Use the Avis Developer Platform to violate the legal rights (including intellectual property rights, rights of privacy and publicity, or any other proprietary right) of any person or any entity;
- Export, import, or allow the import, export or re-export of, the Avis Developer Platform in violation of any applicable export or import restrictions, laws, or regulations.
- Use the Avis Developer Platform or your Application to access or attempt to access any content from an Avis user without proper authorization or in a manner that could cause harm, damage, or loss to the user;
- Collect, aggregate, cache, retain, store, or log Avis data or data belonging to or concerning Avis users beyond a time period that is reasonably necessary to provide the intended product or service associated with your Application;
- Post, transmit, upload, or otherwise make available content, that, in the sole discretion of Avis, is considered inappropriate, sexually explicit, obscene, or is unlawful;
- Promote or enable the promotion of violence, political positions, political candidates, or religious ideals or causes;
- Use the Avis Developer Platform or your Application to accomplish or promote any idea or activity that may be considered libelous or defamatory, or discriminatory based on sex, race, religion, national origin, sexual orientation, age, or any other class of person or entity that is protected according to any applicable federal, state or otherwise applicable laws or regulations;
- Use the Avis Developer Platform to support, assist, or enable any spyware, adware, or other malicious programs or codes;
- Use the Avis Developer Platform in any manner that would knowingly harm, damage, dilute, or otherwise reflect poorly on Avis or any of Avis’ trademarks or logos;
- Remove, obscure, or otherwise alter any notice of proprietary rights, including indicators of a patent, copyright, or trademark interest appearing in the Avis Developer Platform;
- Access or use any feature of the Avis Developer Platform other than for its intended purpose;
- Use an unreasonable amount of bandwidth as determined by Avis in its sole discretion;
- Engage in activities that could reasonably convince a user that he or she is interacting directly with Avis, the Avis Developer Platform, or the Service when using your Application.
Unless otherwise noted within these Terms or expressly described herein, you shall not use the name “Avis”, “Avis Budget”, “Zipcar”, "France Car", "Apex", "Maggorie", or any marks or logos belonging to or otherwise associated with Avis (collectively, the "Avis Marks") in any manner without prior express written permission from Avis. If you are authorized by Avis to use any Avis Marks, you agree to comply with Avis guidelines regarding the style and use of Avis Marks.
6. License Grant, AVIS Developer Platform Use and Monitoring
Subject to these Terms, you are hereby granted a limited, nonexclusive, non-sublicensable, non-assignable (except as authorized herein), freely revocable license to access the Avis Developer Platform and any supporting documentation provided by Avis (“Avis Materials”) solely to the extent necessary for creating, viewing, developing, or testing your Application or other application, service, or product for compatibility with the Avis Service. All rights not expressly granted to you herein are reserved by Avis. Avis does not grant a license, in any form, to access and use the Avis Developer Platform or display Avis Materials to create or assist with the creation, development, or maintenance of any products, components, or services that are competitive with the Avis Developer Platform or Service.
Your right to access and use the Avis Developer Platform is a privilege. As such, Avis may, in its sole discretion, with or without notice, and without any liability to you, change the specifications of or restrict or otherwise limit access to the Avis Developer Platform at any time. You acknowledge and agree that Avis may monitor, crawl, test, or otherwise audit your use of Avis Developer Platform to ensure your compliance with these Terms. You also hereby grant Avis the right to monitor, crawl, test, or otherwise audit your Application for the purpose of verifying your compliance with these Terms. You also acknowledge and agree that Avis may monitor your use of Avis Developer Platform for any reasonable purpose, including but not limited to quality assurance, improvement of the Avis Developer Platform interface, or improvement of other Avis products and services. You further agree that you will not block, attempt to block, or otherwise interfere with such monitoring.
You acknowledge that Avis owns all right, title, and interest in and to the Avis Developer Platform, Avis Materials, Avis Marks, and related intellectual property rights, including but not limited to trademarks, copyrights, and patents, and that Avis reserves all rights not expressly granted within these Terms. Except as otherwise stated herein, these Terms grant you no right, title, or interest in any intellectual property owned or licensed by Avis, including but not limited to the Avis Developer Platform, Avis Materials, Avis Marks, and trademarks, copyrights, and patents owned by or otherwise associated with Avis.
Avis’ ownership interest does not include your Application or any software components developed or created by you that do not incorporate any element or part of the Avis Developer Platform, Avis Materials, or any output, code, program or executables of the Avis Developer Platform. As such, you bear sole responsibility for all costs incurred in the creation of your Application.
You further acknowledge that you have no ownership interest or intellectual property rights in any software, code, program, functionality, or application that is independently created by other users of the Avis Developer Platform or by Avis, even though such independent creations may be similar or identical in structure, design, function, or code to that of your Application.
Some software used in our Avis Developer Platform may be offered under an open source license that Avis will make available to you, upon request. There may be provisions in the open source license that expressly override some of these Terms with respect to that software.
The Avis Developer Platform gives you the ability to develop software in accordance with our documentation that is compatible with our software. The Avis Developer Platform provides a number of resources for developers, including an environment to develop, test, and integrate your software. Although Avis works hard to provide and maintain the Avis Developer Platform, you understand and acknowledge that we cannot promise or guarantee specific results from using the Avis Developer Platform.
You further understand and agree that temporary interruptions of the Avis Developer Platform may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with the Avis Developer Platform. You agree that the Avis Developer Platform is available and is provided "AS IS" and that Avis assumes no responsibility for the reliability, functionality, timeliness, or failure to provide the Avis Developer Platform.
Avis provides the current documentation outlining compatibility with the Avis Developer Platform; however, Avis is not obligated to independently verify the compatibility of your software development or integration with any Avis software or services. You are solely responsible to update and make changes to your software or integration from time to time in accordance with changes to our documentation and the Avis Developer Platform to ensure compatibility. In the event of a change to the Avis Developer Platform that breaks your software or integrations, renders your software wholly or partially inoperable, or results in a loss of data, you agree and understand that Avis is not responsible or liable for any such result or consequence.
9. Usage Limitations
Avis, at its sole discretion and with or without prior notice, may at any time apply usage limitations, including (but not limited to) limitations in the amount of bandwidth, storage, or processing power that you or your Application may use within the Avis Developer Platform. Avis may impose limitations on your use of certain features and services or otherwise restrict your access to certain parts or all of the Avis Developer Platform at any time. Avis is hereby authorized to employ any reasonable means to prevent, reduce, or discontinue (either temporarily or permanently) your use of the Avis Developer Platform if you or your Application exceeds any designated usage limitations, or constitutes excessive and/or indiscriminate use of the Avis Development Platform or any part thereof.
You may terminate your limited license to use and access the Avis Developer Platform under these Terms at any time with or without notice to Avis. Such termination may be achieved by removing your Application from the Avis Developer Platform and all associated platforms or databases, deleting all copies of the Avis Developer Platform and Avis Materials, and discontinuing use of the Avis Developer Platform. Likewise, Avis may, without liability to you, a Participating Entity, your end-users, or any other interested party, terminate or suspend your license at any time, with or without notice, and for any reason. You further acknowledge that your rights to use and access the Avis Developer Platform are terminated immediately upon violation of any of these Terms.
Upon termination for any reason, you hereby agree to immediately cease any and all use of the Avis Developer Platform, Avis Materials, Avis Marks and Avis branding; remove your Application from the Avis Developer Platform and any associated platforms or databases; and destroy or delete all copies of any Avis Materials or any components or elements of the Avis Developer Platform from all computers, hard drives, networks, and other storage media. You must also communicate to any users of your Application that your Application is no longer available on the Avis Developer Platform. Your further agree to discontinue collection of any information from users of your Application or the users of the Service and delete all information obtained via your use of or access to the Avis Developer Platform. Upon request from Avis, you agree to provide written confirmation that all such information, data, and copies of the Avis Developer Platform and Avis Materials have been deleted or destroyed.
Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
11. Revisions, Suspensions, and Updates
Avis may revise, suspend, or discontinue any aspect of the Avis Developer Platform at any time, including the availability of any Avis Developer Platform functionality without notice or liability. Avis may release subsequent versions or updates of the Avis Developer Platform and require that you obtain and use the most recent versions as a condition of maintaining your limited license to access and use the Avis Developer Platform.
12. Fees and Taxes
You acknowledge that Avis expressly reserves the right to charge a fee for using any or all of the specific components of the Avis Developer Platform at any time and in its sole discretion. Avis shall provide prior notice if such a fee is to be implemented for any component for which a fee previously was not charged.. You are under no obligation to continue using the Avis Developer Platform following any implementation of a fee, and you may terminate your use of the Avis Developer Platform before being subject to payment of any fees. Failure to discontinue or terminate your use of the Avis Developer Platform following implementation of any fee structure will constitute your acceptance and agreement to the fees. You further acknowledge that, unless otherwise stated, any fees do not include applicable taxes (e.g., sales, use, or value-added tax), and you are solely responsible for the payment of any such taxes that may be imposed on your use of the Avis Developer Platform.
YOU AGREE THAT YOU WILL INDEMNIFY, DEFEND, AND HOLD HARMLESS AVIS AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS, REPRESENTATIVES, SUPPLIERS, PARTNERS, OR MEMBERS FROM ANY AND ALL LIABILITIES, CLAIMS, LOSSES, DAMAGES, JUDGMENTS, ACTIONS, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES) ARISING OUT OF OR RELATED TO: (A) YOUR BREACH OR ALLEGED BREACH OF ANY OF THESE TERMS; (B) YOUR USE OF THE AVIS DEVELOPER PLATFORM, THE AVIS NAME, OR AVIS MARKS OR LOGOS IN ANY MANNER NOT EXPRESSLY PERMITTED IN THESE TERMS; (C) YOUR APPLICATION OR BUSINESS; (D) YOUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (E) YOUR VIOLATION OF ANY LAW, TREATY, REGULATION, OR OTHER GOVERNMENTAL ORDER; AND (F) YOUR VIOLATION OF ANY INTELLECTUAL, PROPRIETARY, OR OTHER RIGHTS OF ANY THIRD PARTY. YOU WILL CONTROL THE DEFENSE AND SETTLEMENT OF ANY CLAIM SUBJECT TO INDEMNIFICATION BY YOU HEREUNDER, PROVIDED THAT AVIS MAY AT ANY TIME ELECT TO TAKE OVER CONTROL OF THE DEFENSE OR SETTLEMENT OF ANY CLAIM, AND YOU MAY NOT SETTLE ANY SUCH CLAIM WITHOUT AVIS’ PRIOR WRITTEN CONSENT
14. Disclaimer; Limitation of Liability
Avis does not represent or warrant that the Avis Developer Platform, or any data, or any other information offered on or through the Avis Developer Platform, will be uninterrupted, accurate, complete, reliable, or free of errors, viruses, bugs, or other harmful components, and Avis does not warrant that any of the foregoing shall be corrected. Avis is not responsible for the conduct of any user of the Service or any other product, service, or program provided by Avis.
THE AVIS DEVELOPER PLATFORM IS PROVIDED ON AN "AS IS," "AS AVAILABLE," "WITH ALL FAULTS" BASIS AND WITH NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AVIS, AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, MEMBERS, PARTNERS, LICENSORS, SUBCONTRACTORS, AND SUPPLIERS, DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AVIS, OR ANYONE ACTING ON BEHALF OF AVIS, OR THROUGH THE AVIS DEVELOPER PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU UNDERSTAND AND AGREE THAT YOU ACCESS, DOWNLOAD OR USE THE AVIS DEVELOPER PLATFORM AT YOUR DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING ANY COMPUTER SYSTEMS USED IN CONJUNCTION WITH THE SERVICE AND THE AVIS DEVELOPER PLATFORM) OR LOSS OF DATA THAT RESULTS FROM ACCESSING, DOWNLOADING OR USING THE AVIS DEVELOPER PLATFORM.
UNDER NO CIRCUMSTANCES WILL AVIS BE LIABLE TO YOU FOR ANY PUNITIVE, INCIDENTAL, INDIRECT, SPECIAL, RELIANCE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST BUSINESS, REVENUE, OR ANTICIPATED PROFITS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT AVIS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You acknowledge that the limitations and exclusions contained in this Section and elsewhere in these Terms are a condition precedent to Avis granting you the license herein. You further acknowledge and agree that, absent the limitation of liability set forth in these Terms, Avis would not be able to provide you with access to the Avis Developer Platform. Without limiting the generality of the foregoing, you and Avis acknowledge and agree that (a) the provisions hereof that limit liability, disclaim warranties, or exclude consequential damages or other damages or remedies will be severable and independent of any other provisions and will be enforced as such, regardless of any breach or other occurrence, and (b) all limitations of liability, disclaimers of warranties, and exclusions of consequential damages or other damages or remedies will remain fully valid, effective, and enforceable in accordance with their respective terms, even under circumstances that cause any exclusive remedy under this Agreement or these Terms to fail of its essential purpose.
15. Exclusions and Limitations
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS ASSERTED HEREIN MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
16. Arbitration and Dispute Resolution
Before asserting a claim in any proceeding (including, but not limited to, in an individual arbitration proceeding or in a small claims court proceeding), you and Avis agree that each shall give the other party written notice of the claim to be asserted 30 days before initiating a proceeding and make a reasonable, good faith effort to resolve the claim. If you intend to assert a claim against Avis, you must send the written notice of the claim to Attention: Avis Rent A Car System, LLC, 6 Sylvan Way, Parsippany, New Jersey, 07054 Attn: Legal Department. If Avis intends to assert a claim against you, we will send the written notice of the claim to you at your address appearing in our records. The parties may, but are under no obligation to, engage in privileged settlement negotiations during this 30- day period. NO SETTLEMENT DEMAND OR SETTLEMENT OFFER USED IN THIS PRE-DISPUTE RESOLUTION PROCESS MAY BE USED IN ANY PROCEEDING, INCLUDING AS EVIDENCE OR AS AN ADMISSION OF ANY LIABILITY OR DAMAGES (OR LACK THEREOF).
Except as otherwise provided below, in the event of a dispute that cannot be resolved informally through the pre-dispute resolution procedure, all disputes between you and Avis arising out of, relating to or in connection with your Application or you use of the Avis Developer Platform and the Terms shall be exclusively adjudicated by binding arbitration through the American Arbitration Association ("AAA") pursuant to the AAA’s then-current rules for commercial arbitration. There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. YOU AND AVIS AGREE THAT ANY SUCH ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ARBITRATION PROCEEDING. Notwithstanding any provision in the Terms or the Avis Policies to the contrary, if the class-action waiver in the prior sentence is deemed invalid or unenforceable, neither you nor we are entitled to pursue dispute resolution by binding arbitration. If you are an individual (instead of, for instance, a partnership, corporation, or other form of entity or non-natural person), in the event that (1) your claim is less than $10,000, and (2) you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Avis will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation. This arbitration agreement is subject to the Federal Arbitration Act. The arbitrator’s award may be entered in any court of competent jurisdiction. Notwithstanding any provision in the Terms or Avis Policies to the contrary, the parties agree that if Avis seeks to delete or materially modify the agreement to arbitrate from this dispute resolution provision, any such deletion or material modification will not apply to any individual claim(s) of which you have already provided notice to Avis. Information on AAA, its rules and procedures, and how to file an arbitration claim can be found by contacting AAA at 800-778-7879 or on its website at http://www.adr.org. Disputes and claims that are within the scope of a small claims court’s authority, as well as disputes and claims regarding personal injury, are exempt from the foregoing dispute resolution provision.
17. General Legal Terms
These Terms and any arbitration arising from disputes under these Terms shall be governed by the laws of the state of New Jersey and where not addressed by such laws, the applicable laws of the United States, without regard for its conflict of laws principles. All claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts of Morris County, New Jersey, USA, and you consent to jurisdiction in those courts. You may not transfer or assign these Terms or any of the rights or licenses granted under these Terms, without the prior written consent of Avis. Any attempted transfer in violation of the foregoing is void. Avis may freely assign these Terms at any time with or without notice. The parties are independent contractors with respect to each other. These Terms do not constitute and may not be construed as constituting a partnership or joint venture between you and Avis, or an employee-employer relationship. The failure of Avis to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Avis. If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.