Welcome to the website of A Betterway Rent-A-Car, Inc. d/b/a Budget Rent A Car of Atlanta and its affiliated entities (Betterway Group), an independent Budget system licensee (“we, us, our”). Please read these Terms of Use (the “Terms of Use”) carefully before continuing on with your (“you” or “your”) use of this Website. These Terms govern when you use the website located at https://www.budgetatl.com/, as well as any other websites, applications (including mobile apps), or products or services we offer and when you communicate with us where these Terms are posted or linked and which are owned or operated by us (collectively, the “Website”). The term Website also includes all subdomains of the Website and any content, code, data, services, features, or functionality made available from or through the Website. This Website and the information on it are controlled by Betterway Group. These Terms also apply to all Internet traffic visiting the Website. By accessing or using this Website, you agree to the Terms. The Terms are meant to protect all of our Website visitors, and your use of this Website signifies your agreement with these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS WEBSITE. Betterway Group reserves the right, in its sole discretion and without notice to you, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting. By using this Website after we have posted such modifications, alterations or updates, you agree to be bound by such revised Terms.
In accordance with our goals, this Website will permit you to link to many other Websites that may or may not be affiliated with this Website and/or Betterway Group and that may have terms of use that differ from, or contain terms in addition to, the terms specified here. Your access to such websites through links provided on this Website is governed by the terms of use and policies of those sites, not this Website.
BY USING THE WEBSITE OR ANY INDIVIDUAL PART OF THE WEBSITE, YOU ACCEPT AND AGREE TO THESE TERMS OF USE AS APPLIED TO YOUR USE OF THE WEBSITE, AS WELL AS OUR COOKIES POLICY AND OUR PRIVACY POLICY (COLLECTIVELY, THE “TERMS”), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT ACCESS, REGISTER WITH OR OTHERWISE USE THE WEBSITE.
IMPORTANT: PLEASE READ THESE TERMS CAREFULLY AS THEY MAY IMPACT YOUR LEGAL RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US. SPECIFICALLY, PLEASE REFER TO THE ARBITRATION PROVISION SET FORTH BELOW, REQUIRING YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE RELATED TO YOUR USE OF THE WEBSITE ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
Privacy
We view the protection of your privacy as an important responsibility. Registration data, personal information, personally identifiable information, and certain other information collected on or in connection with the Website (together, “PII”) will be used and processed as described in the Privacy Policy. For more detailed information, please review our full Privacy Policy. By using the Website, you consent to the collection and use of your PII by us as described in the Privacy Policy.
Use of the Website
The access to and use of the Website implies your full acceptance and undertaking to abide entirely by the Terms.
You should read all the Terms prior to using the Website. However, please note that we may change our Terms from time to time, therefore we recommend you read the Terms each time you access the Website. The revised Terms will be available on the Website. You will be deemed to have accepted any changes to the Terms if you continue to access or use the Website after the Terms have been updated.
You are not permitted to use, or cause others to use, any automated system or software to extract content or data from our Website for commercial purposes.
Access to our Website is permitted on a temporary basis. We update our Website regularly and so may change the content at any time without notice to you. We reserve the right to withdraw, vary, or suspend the service at any time without notice.
You are responsible for making all arrangements necessary to access this Website. You are also responsible for ensuring that all persons accessing our Website through your internet connection are aware of these Terms.
Please note that use of our Website is subject to your computer and/or portable device complying with our minimum standard technical specification and compatibility notice. You are advised to check this specification to ensure that your computer and/or portable device is compatible with our products and services, and we shall not be liable for any failure of the Website which arises from incompatibility with your computer or device (including, without limitation, minimum storage and memory requirements from time to time).
You agree not to use the Website for fraudulent purposes and not to perform any conduct that may damage the image, interests and rights of Betterway Group, its subsidiaries, its affiliates, related third parties, or Providers (defined below). You also agree not to take any action that will damage, disable or overburden the Website, or hinder, in any way, the normal use and operation of the Website.
In the event of breach of the contents of these Terms, we reserve the right to limit, suspend or terminate your access to the Website, taking any technical measures necessary for that purpose.
International Users
Our site is controlled, operated, and administered in the United States. We make no representation that content on the Website is appropriate or available for use at other locations outside the United States. You may not use the Website or export its content or products in violation of United States export laws and regulations. If you access the Website from a location outside of the United States, you are responsible for compliance with all local laws if, and to the extent, local laws are applicable.
Relationship and Reliance on Information Posted
THE MATERIALS ON THIS WEBSITE ARE FOR INFORMATIONAL PURPOSES ONLY. YOUR USE OF THIS WEBSITE DOES NOT CREATE A CONTRACTUAL OR LEGAL RELATIONSHIP BETWEEN YOU AND BETTERWAY GROUP. THE INFORMATION AND MATERIALS POSTED ON OUR WEBSITE ARE NOT INTENDED AS ADVICE AND SHOULD NOT BE RELIED UPON AS SUCH. WE THEREFORE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH INFORMATION TO THE FULLEST EXTENT PERMISSIBLE BY ALL APPLICABLE LAWS.
Trademarks, Copyrights and Restrictions
This Website is controlled and operated by Betterway Group, , whose principal place of business is located at 1110 Northchase Parkway, Suite 200, Marietta, GA 30067. All content on this Website, including but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights governed by U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes, and such content is owned and controlled by Betterway Group or its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively “Providers”) that have licensed their content or the right to market their products and/or services to Betterway Group. Content on this Website or any Website owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use. You may print a copy of the content and/or information contained herein for your personal, non-commercial use only, but you may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the content or information in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of Betterway Group or the Providers. You may request consent by faxing a request to Betterway Group at 404-240-3342. Without the prior written consent of Betterway Group or the Providers, your modification of the content, use of the content on any other website or networked computer environment, or use of the content for any purpose other than personal, non-commercial use, violates the rights of the owners of the Website and/or the Provider copyrights, trademarks or service marks and other proprietary rights, and such use is prohibited. As a condition to your use of this Website, you warrant to Betterway Group that you will not use our Website for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. If you violate any of these Terms, your permission to use our Website immediately terminates without the necessity of any notice. Betterway Group retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms. Inclusion of any part of the Website, including any trademarks, service marks, copyrighted materials, or logos, in another work, whether printed, electronic, or other format, is prohibited without the express written consent of the owner of the mark or copyright. Furthermore, you may not frame, link, or otherwise incorporate into another website any of the content or materials on this Website without prior written consent of Betterway Group.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Budget Rent A Car of Atlanta designates the following individual as its agent for receipt of notifications of claimed copyright infringement:
| Betterway Group Attn: Jennifer Gelder 1110 Northchase Parkway SE, Shite 200 Marietta, GA 30067 |
|
| 770-240-3302 | |
| customerservice@budgetatl.com |
Use Restrictions
You agree not to use the Website for any purpose that is unlawful or that is designed or intended to interrupt, destroy or limit the functionality of the Website. You further agree not to use the Website in any manner that:
- copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying the Website or any portion thereof;
- is intended to obtain unauthorized access to the Website, any portion thereof, or any servers or devices on which the Website or any related data or information is stored;
- infringes any copyright, trademark, trade secret, patent or other right of any party, or defames or invades the publicity rights or the privacy of any person, living or deceased;
- consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- causes us to lose (in whole or part) the services of our internet service providers or other suppliers;
- links to materials or other content, directly or indirectly, to which you do not have a right to link;
- is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, as determined by Betterway Group in its sole discretion; or
- violates, or encourages anyone to violate the Terms or any ancillary terms and conditions listed on the Website..
Your Information
In the course of your use of the Website, you may be asked to register or otherwise provide certain personalized information to us in order to access certain services or products. You agree to provide Betterway Group with information that does not impersonate or otherwise misrepresent your association or affiliation with any person, organization or entity. Our information collection and use policies with respect to the privacy of such registration information are set forth in the Website Privacy Policy which is incorporated herein by reference for all purposes. You represent and warrant that all required information you submit is truthful, accurate, complete and correct. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your information or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Links To Third Party Websites
This Website may contain links to other third-party websites (“Linked Sites”), and third-party websites may link to the Website. The Linked Sites are provided for your convenience and information only and as such, you access them at your own risk. You acknowledge and agree that the content of any Linked Sites is not under Betterway Group’s control, and Betterway Group is not responsible for such content, whether or not Betterway Group is affiliated with the owners of such Linked Sites. Links on the Website to Linked Sites do not constitute an endorsement or sponsorship by us of such Linked Sites or the information, content, products, services, advertising, code or other materials presented on or through such Linked Sites. You may not establish a hyperlink to this Website or provide any links that state or imply any sponsorship or endorsement of your website by Betterway Group, its affiliates or Providers.
Betterway Group disclaims any liability for links (1) from another website to the Website and (2) to another website from the Website. We cannot guarantee the standards of any website to which links are provided on the Website nor shall we be held responsible for the contents of such sites or any subsequent links. Betterway Group does not represent or warrant that the contents of any third-party websites are accurate, compliant with state or federal law or compliant with copyright or other intellectual property laws. Also, we are not responsible for any form of transmission received from any Linked Sites. Any reliance on the contents of a third-party website is done at your own risk, and you assume all responsibilities and consequences resulting from such reliance.
Advertisements and Promotions
We may run advertisements and promotions from third parties on the Website. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Betterway Group and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Betterway Group is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of or interaction with third party advertisers on the Website.
Disclaimer of Warranties and Liabilities
ALL CONTENT ON THIS WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES, WHICH UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, BETTERWAY GROUPDISCLAIMS ANY AND ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Neither Betterway Group, its affiliated or related entities, nor the Providers, nor any person involved in the creation, production, and distribution of this Website warrant that the functions contained in this Website will be uninterrupted or error-free, that defects will be corrected, or that the servers that make the content available will be free of viruses or other harmful components. The content that you access on this Website is provided solely for your convenience and information only. Betterway Group does not warrant or make any representations regarding the results that may be obtained from the use of this Website, or as to the reliability, accuracy or currency or currency of any information content, service and/or merchandise acquired pursuant to your use of this Website.
You expressly agree that use of this Website is at your sole risk. NEITHER BETTERWAY GROUP NOR THE PROVIDERS SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR NEITHER BETTERWAY GROUP NOR THE PROVIDERS SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE, YOUR USE OF OR INABILITY TO USE THIS WEBSITE,OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF BUDGET RENT A CAR OF ATLANTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE WEBSITE OR ANY SERVICES OFFERED BY US. IN NO EVENT WILL OUR TOTAL CUMULATIVE DAMAGES EXCEED $100.00.
By way of example, and without limiting the generality of the foregoing, Betterway Group as well as related persons and entities shall not be responsible or liable for any claim or damage arising from failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorized access to or altera the reliance upon or use of data, information, opinions or other materials appearing on this Website. You expressly acknowledge and agree that Betterway Group is not liable or responsible for any defamatory, offensive or illegal conduct of other subscribers or third parties.
Some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, Betterway Group’s liability is limited to the greatest extent permitted by law.
Termination
We reserve the right to restrict, modify, suspend or terminate your access to the Website, with or without cause or prior notice, at any time and without liability to you.
Disclaimer Regarding Accuracy of Vehicle Information
Vehicle and non-vehicle information and other product information, specifications and other information have either been provided by the vehicle manufacturer or collected from publicly available sources. While Betterway Group makes every effort to ensure that the information on this Website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this Website.
Betterway Group makes no warranties or representations whatsoever with regard to any vehicle or other product provided or offered by any vendor, and you acknowledge that any reliance on representations and warranties provided by any vendor shall be at your own risk.
Indemnification
You agree to indemnify, defend, and hold harmless Betterway Group and the Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms.
Third Party Rights
These Terms are for the benefit of Betterway Group and its Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.
Assignment
To the extent permitted by law, Betterway Group may sell, transfer, or otherwise share some or all of our assets, including your PII, in connection with a merger, reorganization or sale of assets or in the event of bankruptcy. In each such event, the PII we have collected from you may be one of the assets transferred. For further detail, please refer to our Privacy Policy.
Age Limitation
The Website is not intended for use by persons under the age of 18. Based on the Children’s Online Privacy Protection Act (15 U.S.C. 6501, et seq.), Budget Rent A Car of Atlanta does not knowingly collect information from visitors under the age of 13, and in the event we learn that a person under the age of 13 has provided us with PII, we will delete such PII and take any additional measures as required by law.
Dispute Resolution
By using the Website, you and Betterway Group agree that if there is any controversy, claim, action, or dispute arising out of or related to your use of the Website, or the breach, enforcement, interpretation, or validity of these Terms or any part thereof (a “Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent to Betterway Groip at: customerservice@budgetatl.com.
Both you and Betterway Group agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party.
IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such Disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect in the State of Georgia before three (3) arbitrators to be mutually agreed upon by both parties.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable.
Choice of Law and Forum
Unless otherwise specified, the content contained in this Website is presented solely for your convenience and/or information. This Website is controlled and operated by Betterway Group from its offices in Marietta, GA. Betterway Group makes no representation that content in its Website is appropriate or available for use in other locations. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms shall be governed by, construed and enforced in accordance with the laws of the State of Georgia, as they are applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or Betterway Group, brings to enforce these Terms, or in connection with any matters related to this Website, shall be brought only in either the state or Federal courts located in Georgia, and you expressly consent to the jurisdiction of said courts. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the foregoing with respect to applicable substantive law, any arbitration conducted pursuant to these Terms shall be governed by the U.S. Federal Arbitration Act (9 U.S.C., Secs. 1-16).
You further agree that any disputes or claims not subject to the arbitration provision discussed above shall be resolved by a court located in Cobb County, Georgia, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN COBB COUNTY, GEORGIA FOR ANY DISPUTES OR CLAIMS BROUGHT UNDER THIS PROVISION; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN COBB COUNTY, GEORGIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
Entire Agreement
The provisions and conditions of these Terms, and each obligation referenced herein, represent the entire Agreement between Betterway Group, its affiliated or related entities, and you, and supersede any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between these Terms and any future published terms of use or understanding, the last published Terms or Terms of Use or understanding shall prevail. The section headings of these Terms are for ease of reference only and shall not be admissible in any action to alter, modify or interpret the contents of any section. A finding by a court of competent jurisdiction that a provision of these Terms is invalid, illegal, or unenforceable shall not affect any other part of these Terms, and such provision shall be construed by limiting it to the extent necessary so as to be enforceable or, if such provision cannot be so limited, then these Terms shall be construed as if they had never contained such provision.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY BETTERWAY GROUP.