Effective Date: October 1, 2022
YOUR USE OF THE SERVICES (AS DEFINED BELOW) ISSUBJECT TO THE TERMS OF THIS LEGAL AGREEMENT (THESE “TERMS” OR THIS “AGREEMENT”) BETWEEN YOU AND DANIEL HERTZ, INC. (“DANIEL HERTZ”, “WE”, OR “US”)
IN ORDER TO USE OUR WEB SITE, MOBILE WEB SITES, APPLICATIONS OR SERVICES, OR THE INFORMATION, CONTENT OR SERVICES CONTAINED THEREIN (REFERRED TO COLLECTIVELY AS THE “SERVICES”), YOU MUST FIRST AGREE TO THESE TERMS. YOU MAY NOT USE THE SERVICES IF YOU DO NOT ACCEPT THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SERVICES.
YOU MAY NOT USE THE SERVICES AND MAY NOT ACCEPT THE TERMS IF (A) YOU ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT
WITH US (I.E. YOU MUST BE AT LEAST 18 YEARS OF AGE OR AT LEAST 13 YEARS OF AGE AND ACCOMPANIED BY AN ADULT WHO WILL BE RESPONSIBLE FOR YOUR ACTIONS), OR (B) YOU ARE A PERSON BARRED FROM RECEIVING THE SERVICES UNDER THE LAWS SWITZERLAND OR OTHER COUNTRIES INCLUDING THE COUNTRY IN WHICH YOU ARE RESIDENT OR FROM WHICH YOU USE THE SITE.
IF THERE IS ANY CONTRADICTION BETWEEN WHAT THIS AGREEMENT STATES AND WHAT ANY OTHER AGREEMENT, TERMS OF SERVICE, OR CONTENT STATE ON ANY SITE, APPLICATION OR OTHERWISE, THEN THESE TERMS SHALL TAKE PRECEDENCE.
If you have any questions regarding these Terms, please direct any inquires to Support@Daniel Hertz.com
Before you continue, you should print or save a local copy of these Terms for your records.
1. Our Provision of the Services
1.1 We may have subsidiaries and affiliated legal entities (“Subsidiaries and Affiliates”) provide the Services to you. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
1.2 You acknowledge and agree that the form and nature of the Services which we provide may change from time to time without prior notice to you.
1.3 As part of continuing innovation, you acknowledge and agree that we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at our sole discretion, without prior notice to you. You may stop using the Services at any time.
1.4 You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
2. Your Use of the Services
2.1 In order to access the Services, you may be required to provide information about yourself (such as name, address, password, e-mail address, identification, and/or contact details) as part of the registration process for the Services, or as part of your continued use of the Services. You agree that any registration information you give to us will always be accurate, correct and up to date.
2.2 You agree to use the Services only for purposes that are permitted by (a) this Agreement; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
2.3 You agree not to access (or attempt to access) the Services by any means other than through the interface that is provided by us. You specifically agree not to access (or attempt to access) the Services through any automated means (including use of scripts or web crawlers).
2.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
2.5 You agree that you will not reproduce, duplicate, or copy any portion of the Services for any purpose.
2.6 You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which we may suffer) of any such breach.
3. Your passwords and account security
3.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
3.2 Accordingly, you agree that you will be solely responsible to us for all activities that occur under your account.
3.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify us immediately through this support@Daniel Hertz.com
4. Privacy and your personal information
4.3 WE DO NOT PUBLISH CONTENT AND THE SERVICES DO NOT INCLUDE CONTENT THAT IS TARGETED TO CHILDREN
4.4 If you are under age 13, please do not attempt to use the Services or provide any personal information
about yourself to us. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible.
4.5 We strongly recommend that minors 13 years of age or older ask their parents for permission before sending any information about themselves to anyone over the Internet and we encourage parents to teach their children about safe internet use practices.
5. Electronic Communications
5.1 When you use any Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, in-app push notices, or by posting notices and messages through the Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
6. Orders and Product Availability
6.1 If you wish to purchase any product made available through the Services (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit
card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
6.2 All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Services are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Services does not imply or warrant that these products or services will be available. We reserve the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); (iv) refuse or cancel any order or restrict or terminate your account for any reason, including violation of these Terms or any of our other policies; and (v) to prohibit sales to dealers and resellers. You agree to pay all charges that may be incurred by you or on your behalf through the Services, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
6.3 Our acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. We make a conscientious effort to describe and display our products and services accurately. Despite these efforts, a small number of items may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Services and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We apologize for any inconvenience. As part of our shipping procedures, we verify the availability and the price before an item is shipped. If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item. If an item’s correct price is higher than our stated price, if the item is no longer available, or if we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email.
7. User Content
Visitors may post reviews, comments, and other content and communications; and submit suggestions, ideas, comments, questions,
or other information, so long as you do not:
violate any law or regulation;violate or infringe other people’s intellectual property, privacy, publicity, or other legal rights;transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;send unsolicited or unauthorized advertising or commercial communications, such as spam;transmit any malicious or unsolicited software;stalk, harass, defame or harm another individual;impersonate or misrepresent your affiliation with someone else;use any means to “scrape,” “crawl,” or “spider” any Web pages contained in the Services (although we may allow operators of public search engines to use spiders to index materials for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, provided we reserve the right to revoke these exceptions); orinterfere with or disrupt the Services.
You agree that by submitting communications or content that such submission is non-confidential for all purposes. If you do post content or submit material, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and our sublicensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibilityand assume no liability for any content posted by you or any third party. We make no claims or promises about the quality, accuracy, or reliability of any recommendations, reviews, comments, or other content available on or through our Services. We are not liable for any loss or damage that might arise from your reliance on any recommendations or other content on or through the Services.
8. Proprietary Ownership
The information and materials provided on or through the Services, including any content, data, text, designs, graphics, images, photographs, illustrations, audio and video clips, logos, icons andlinks (collectively, the “Materials”) are owned exclusively by us or our licensors, and are intended to educate and inform you about our products and services offered or described on the Services. Subject to your compliancewith these Terms, you may use the Materials solely for your personal, non-commercial use, provided that you do not remove any copyright or other proprietary notices contained therein. Subject to your compliance with these Terms, we grant you a limited license to use the Services and Materials for your personal use only; provided that you may not use, reproduce, modify, display, publicly perform, distribute, create derivative works of or circumvent any technological measure that effectively controls access to the Services and/or Materials in any way including, without limitation, by manual or automatic device or process, for any purpose. Not with standing anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with us. Use of the Services and Materials for any purpose other than as expressly authorized in these Terms is a violation of our copyrights and other proprietary rights, and is strictly prohibited.
Except as expressly set forth in these Terms, the Services, including all software, databases, proprietary information,
documentation, software, contents, computer codes, ideas, know-how and Materials (and all modifications and derivative works thereof and any intellectual property and other rights relating thereto or contained therein) including, without limitation, the selection, compilations, sequence and “look and feel” and arrangement of items, is owned and operated by us and will remain our exclusive property. You acknowledge that the Services and Materials are protected by copyright, trademark and other laws. You further acknowledge that you do not acquire any ownership rights by using the Services or the Materials. You shall not challenge, contest or otherwise impair our ownership of the Services and Materials and the content there in.
The trademarks, logos, and service marks displayed on the Services (collectively the “Trademarks”) are registered and unregistered trademarks of us and our advertisers, licensors, suppliers and others. The Trademarks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not offered by us, in any manner that is likely to cause confusion with customers, or in any manner that disparages us. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of us, our licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and we will aggressively enforce our intellectual property rights in such Trademarks, including via civil and criminal proceedings.
These Terms shall remain effective until terminated in accordance with its terms. We reserve the right to immediately terminate these Terms, and/or your access to and use of the Services or any portion thereof, at any time and for any reason, with or without cause, including but not limited to repeated unauthorized postings of copyrighted works. Upon termination of these Terms, your right to use the Services shall immediately cease, and you shall destroy all Materials obtained from the Services and all copies thereof. You agree that any termination of your access to or use of the Services may be effected without prior notice, and that we may immediately deactivate or delete your password and user name, and all related information and files associated with them, and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Services or to any such information or files, and shall not be required to make such information or files available to you after any such termination.
10. EXCLUSION OF WARRANTIES
We cannot and do not represent or warrant that the Services or our server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE
AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY US ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, THE ACCURACY OR COMPLETENESS OF THE INFORMATION, CONTENTS OR MATERIALS OF THE SERVICES, OR THAT EMAILS SENT FROM US ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR CONTENTS THERE OF INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICES AND THE CONTENTS THEREOF, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
11. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE OR OUR SUBSIDIARIES, AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND US. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). IF YOU ARE DISSATISFIED WITH THE SERVICES, ANY CONTENT THEREOF, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICES, THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
12.1 You agree to defend, indemnify and hold harmless our company, together with our subsidiaries, affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any content you post, store or otherwise transmit on or through the Services, or your use of or inability to use the Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the content, your conduct, your violation of this Agreement or your violation of the rights of any third party.
13. Dispute Resolution and Class Action Waiver
13.1 All disputes between you and us arising or relating to: (a) this Agreement; (b) the Services; (c) any advertisement or promotion relating to this Agreement or the Services; (d) transactions effectuated through this Services; (e) any use of our websites; or (f) the relationship which results from this Agreement (including relationships with third parties who are not party to this Agreement) shall be resolved by binding individual arbitration under the American Arbitration Association’s rules for consumer-related disputes in Florida. YOU WILL NOT PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THIS AGREEMENT. If this class action waiver is found to be unenforceable in a particular case, then this arbitration agreement shall be null and void in that case. This Agreement shall be governed by the Federal Arbitration Act and, where consistent, Florida law. Not with standing this, you agree that we shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. We reserve the right to change this dispute resolution provision, but any such changes will not apply to disputes filed before the effective date of the amendment. This provision will survive the termination of your right to use the Services.
14. Digital Millennium Copyright Act
Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Copyright-infringing materials found on the Services can be identified and removed via our process listed below, and you agree to comply with such processin the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed. We do not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, we will respond by either taking down the allegedly infringing content or blocking access to it. We may contact the notice provider to request additional information. Under the DMCA, we are required to take reasonable steps to notify the user who posted the allegedly infringing content (“Alleged Infringer”). The Alleged Infringer is allowed under the law to send us a counter-notification. Notices and counter-notices are legal notices distinct from regular activities or communications through the Services. We may publish or share them with third parties in our sole discretion (in addition to
producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys’ fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney.
To file a DMCA notice, the copyright owner must send in a written letter by regular mail only. We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.
A DMCA notice must:
(A) Identify specifically the copyrighted work(s) believed to have been infringed (for example, “My copyrighted work is the picture that appears at [list location where material is located].”);(B) Identify the content that a copyright owner claims is infringing upon copyrighted work. The copyright owner must provide information reasonably sufficient to enable us to locate the item on the Services. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;(C) Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email (if available);(D) If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);(E) Include the following statement: “I 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”;(F) Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”;(G) Be signed; and(H) Be sent to our DMCA-designated agent at the following address:
15.2 The manner, mode and extent of advertising by us on the Services are subject to change without specific notice to you.
15.3 In consideration for us granting you access to and use of the Services, you agree that we may place such advertising on the Services.
16. Other content
16.1 The Services may include hyperlinks to third party Web sites, services, products, content or resources. We may have no control over any third party Web sites or resources which are provided by companies or persons other than us.
16.2 You acknowledge and agree that we are not responsible for the availability of any such hyperlinks or such external third party Web sites, services, products, content or resources, and do not endorse any such advertising, products or other materials.
16.3 You acknowledge and agree that we are not liable for any loss or damage which may be incurred by you as a result of the availability of those external third party Web sites, services, products, content or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, our hyperlinks, Web sites or resources.
17. Rules for Sweepstakes, Contests and Games
conflict with these Terms, such rules shall control with respect to the
18. Connectivity; Mobile
18.1 Normal carrier charges and taxes may apply to any Materials you access from the Services. We are not responsible for any surcharges you incur from your cell phone or internet service provider as a result of the use of the Services. With respect to mobile versions or applications, your carriers’ normal rates and fees, including text messaging and data fees may apply to your use of the Services. In the event you change or deactivate your mobile telephone number, you will endeavor to update your account information within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
19. Notice Regarding Electronic Commercial Services for California Users
19.1 Under California Civil Code Section 1789.3, users of our Services in California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
20. Changes to this Agreement
20.1 We may make changes to this Agreement from time to time.
20.2 You understand and agree that if you use the Services after the date on which this Agreement has changed, your use is acceptance of the updated Agreement.
21. General Legal Terms
21.1 The Terms constitute the whole legal agreement between you and us and govern your use of the Services (but excluding any services which we may provide to you under a separate written agreement), and completely replace any prior agreements between you and us in relation to the Services.
21.2 You agree that we may provide you with notices, including those regarding changes to this Agreement, by email, regular mail, or postings on the Services including by updating these Terms. You consent to receive e-mails from us, which may include commercial e-mails.
21.3 You agree that if we do not exercise or enforce any legal right or remedy which is contained in this Agreement (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.
21.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from this Agreement without affecting the rest of this Agreement. The remaining provisions of this Agreement will continue to be valid and enforceable.
21.5 You acknowledge and agree that each member of the group of companies of which we are the parent or affiliate shall be third party beneficiaries to this Agreement and that such other companies shall be entitled to directly enforce, and rely upon, any provision of this Agreement which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to this Agreement.
22. Other Company Policies
22.2 For information regarding our shipping policies, please see our Shipping Policy.
22.3 For information regarding our return policies, please see our Return Policy.
22.4 For information regarding our product warranty coverage, please see our Warranty Coverage Policy Please note that warranty coverage only extends to repair or replacement of defective
parts and Daniel Hertz does not assume any responsibility to reimburse you for labor expenses, mechanic fees, towing expenses, additional repair expenses, rental car expenses, or any other incidental costs or expenses which you may incur as result of the use or installation of defective parts.