Fox Rent A Car - Terms of Use

FOX RENT A CAR GENERAL TERMS AND CONDITIONS OF USE

Last updated September 21, 2015

Fox Rent A Car (Fox Rent A Car or We) provides this Website (Site) for your use, subject to these Terms of Use and all applicable laws and regulations. Please read these Terms of Use carefully. By accessing and/or using the Site, you fully and unconditionally accept and agree to be bound by these Terms of Use. If you do not agree to them, please do not visit or use the Site. Fox Rent A Car reserves the right to revise these Terms of Use, so please check back periodically for changes. Your continued use of the Site following the posting of any changes to these Terms of Use constitutes your acceptance of those changes. Updates will be evidenced by a more recent Last Updated date at the top of this page.

 

USE OF THE SITE

Fox Rent A Car maintains the Site for your non-commercial personal use. Your use of the Site for any other purpose is permissible only upon the express prior written consent of Fox Rent A Car. Without limiting the foregoing, you may not: (1) use the Site in a commercial manner, including by distributing, transmitting or publishing the Site or any of its content; (2) interfere with others' use of the Site; (3) impair the Site's operation or interfere with or disrupt the servers or networks connected to it; (4) interfere with Fox Rent A Car's intellectual property rights; (5) frame or otherwise co-brand the Site or any of its content; (6) deep-link to any portion of the Site; or (7) use the Site for any illegal purpose. We reserve the right in our sole discretion to terminate or restrict your use of the Site, 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.

 

SCRAPERS AND BOTS

Use of any robot, spider, site search, retrieval application or other manual or automatic device to retrieve, index, scrape, data mine or in any way gather or extract discount coupons or other content on or available through the Site or reproduce or circumvent the navigational structure or presentation on the Site without Fox Rent A Car's express written consent is prohibited.

 

SITE MODIFICATIONS

We reserve the right, in our sole discretion, to modify, suspend or discontinue any part of the Site 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.

 

PRIVACY POLICY

Fox Rent A Car takes your privacy seriously. Any information submitted on or collected through the Site is subject to our Privacy Policy, the terms of which are incorporated into these Terms of Use. Click HERE to view our Privacy Policy.

 

LINKS TO OTHER SITES

The Site may include links to third-party Websites. Fox Rent A Car does not control and is not responsible for the content or privacy policies of any linked site, and the inclusion of any link on the Site does not imply our endorsement of it.

 

RESERVATIONS AND TRANSACTIONS

All reservations and transactions made through the Site are subject to Fox Rent A Car's acceptance, which is in our sole discretion. Without limitation, this means that Fox Rent A Car 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.

 

ARBITRATION PROVISION

BY RENTING A VEHICLE  FROM FOX RENT A CAR, INC., YOU AGREE TO ARBITRATION OR A SMALL CLAIMS COURT CASE ON AN INDIVIDUAL BASIS RATHER THAN JURY TRIALS OR CLASS ACTIONS.  BY ENTERING INTO A RENTAL AGREEMENT WITH FOX RENT A CAR, INC., YOU AGREE TO THIS ARBITRATION PROVISION. Except for claims for property damage, personal injury, or death, ANY DISPUTES BETWEEN OR AMONGST YOU, FOX RENT A CAR, INC. (“Fox”), ATS PROCESSING SERVICES, LLC, PLATEPASS, LCC, AND EACH OF THEIR RESPECTIVE AFFILIATES MUST BE RESOLVED ONLY BY ARBITRATION OR IN A SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT ALLOWED.  YOU, AND FOX EACH WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION EITHER AS A CLASS REPRESENTATIVE OR A CLASS MEMBER.  You and Fox remain free to bring any issues to the attention of government agencies.This Arbitration Provision’s scope is broad and includes without limitation, any claims relating to any aspect of the relationship or communications between you and Fox, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory.  It is governed by the Federal Arbitration Act, 9 USC § 1 et seq.In any arbitration under this Arbitration Provision, all issues are for the arbitrator to decide, including his or her own jurisdiction, and any objections with respect to the existence, scope, or validity of this Arbitration Provision.  The arbitration will take place in the county of your billing address unless otherwise agreed.  The American Arbitration Association (“AAA”) will administer any arbitration pursuant to its Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer-Related Disputes.  Please see www.adr.org for more details. You or Fox may commence an arbitration by providing a written demand for arbitration to the other (to Fox Rent A Car, Inc., 5500 W Century Blvd, Los Angeles, CA  90045 Attn: Arbitration / Legal Dept.) and two copies of the demand to the AAA.The arbitrator may award injunctive relief as well as money, but only in favor of and warranted by the claim of the individual party seeking relief.  Judgment on the arbitration award may be entered in any court having jurisdiction.  An arbitration award and any judgment confirming it apply only to the specific parties in that case and cannot be used in any other case except to enforce the award itself.  The arbitrator may not consolidate more than one person’s claim, and may not otherwise preside over any form of representative or class action. IF YOU DO NOT WISH TO AGREE TO THIS ARBITRATION PROVISION, YOU MUST NOTIFY FOX IN WRITING WITHIN 30 DAYS OF YOUR RENTAL AGREEMENT BY EMAILING arbitration@foxrentacar.com OR BY MAIL TO Fox Rent A Car, Inc., 5500 W Century Blvd, Los Angeles, CA 90045 Attn: Arbitration / Legal Dept.  Include your name, address, the number at the top of your Rental Agreement, and a clear statement that you do not agree to this Arbitration Provision.  If you have previously notified Fox of your decision to opt out of arbitration you need not do so again.

 

COUPONS

Fox Rent A Car provides specific discount coupons from time to time for the exclusive use of employees or members of specific entities with which Fox Rent A Car has a contractual relationship. These entity-specific coupons and the proprietary codes affixed on them are our proprietary property and may only be used by the employees or members of the specific entities for which the coupons apply. UNAUTHORIZED USE OR DUPLICATION OF ANY OF OUR ENTITY-SPECIFIC DISCOUNT COUPONS IS STRICTLY PROHIBITED.

 

THUMB•IT APP

Vehicle Use Data: Owner's vehicles will contain hardware that gathers and transmits information about vehicle use. This is done as a security measure against accident or theft and also to provide you with valuable services and information, such as other drivers' data.

Location Tracking: To prevent theft, and to allow us to locate you in case of emergency, accident, lock-out, etc., we track the location of your vehicle. Your location information will be confined to JustShareIt service, and we will never impermissibly make your location or movements public. As part of our service, the location of your vehicle may be released to insurance companies, the police, or similar parties in the course of an investigation and/or accident claim, and to provide assistance in emergencies.  Information regarding the location of each vehicle on JustShareIt’s site is also transmitted to JustShareIt and can be tracked by your JustShareIt-enabled smartphone. Owners can control when the location of their vehicle is broadcast, including during a Renter’s rental period. Anonymized Vehicle location information may be released to insurance companies, the police, or other interested parties when appropriate. You will need to notify us in writing that you are cancelling your subscription whereby we will not disclose your tracking information to third parties.Driver and Vehicle Information. As a member of JustShareIt’s Site, you authorize us to access your driver’s record, vehicle history report from all applicable entities and authorities. This authorization continues for as long as you are a JustShareIt member. Moreover, you authorize all DMVs, RMVs, auto mechanics and all other entities and interested parties to release information to us regarding your driving record and vehicle history.

 

FOX REWARDS PROGRAM

The FOX Rewards Program is a reward program where members can earn points on qualifying rentals at participating FOX Rent A Car corporate locations. This Program is open to all new and existing FOX Rewards Members who indicate they want to participate in the Program. To become a member in the FOX Rewards Program all you have to do is complete an application enrollment form available on foxrentacar.com. Only one FOX Rewards membership per person, email address or FOX rental account is allowed. For qualifying rentals, FOX will award 4 FOX Rewards points for each qualifying dollar of completed time and mileage for rentals completed at a corporate location of FOX Rent A Car. Rentals must be booked direct with FOX on www.foxrentacar.com website or mobile site. Members must provide the FOX Rewards Member number at the time they make a reservation or at the time of web-booking in order to receive Program points. Only one FOX Rewards Member number is permitted per rental. Neither Membership in the Program or Program points are transferable. Points will not be awarded on rentals when the renter has violated the terms of the Rental Agreement. Points earned are valid for one year from the date of issue, provided the Program is still in existence. If no rental activity takes place and/or no points are accrued or redeemed during a 12-month period; your account will be considered ‘inactive’ and all rewards points in the account will be forfeited at that time. If your FOX Rewards Membership is terminated, all points earned will revert back to FOX Rent A Car and are not redeemable or transferable to another FOX Rewards Member or another FOX program. Members should allow at least 2 weeks from the conclusion of your rental for points to be posted to the Rewards account. Account activity may be accessed online at foxrentacar.com. FOX Reward points may be used in two ways: Convert FOX Rewards points into FOX BUCKS which may be redeemed for discounts on rentals or redeem FOX Rewards points for gift certificates through foxrentacar.com for our partner GiftCertificates.com only via foxrentacar.com website. Members are limited to ONE (1) GiftCertificates.com transaction per calendar day. Members are responsible for any governmental surcharges, taxes, tax reimbursement, vehicle license fees, airport related fees, fuel purchase option, refueling, excess mileage charge, and any optional services or products. Renter must have a valid drivers’ license, meet our rental age requirements and fulfill other criteria then being applied to renters. Members should allow at least 2 weeks for points to be processed. As of 2/1/14, Fox Rewards members may use their Fox Rewards member number when booking on Expedia or CarRentals.com to qualify for or earn points. Rentals booked on any other site or through any third-party or OTA site do NOT qualify to earn points for FOX Rewards. FOX Rent A Car has the right to change, limit or modify Program rules, regulations, rewards and credit levels at any time and without notice. FOX Rent A Car has the right to end the Program by providing 90 days prior written notice to participating members. In the event of termination of the Program, Reward Certificates must be redeemed by the expiration date or they will be forfeited. The Program may be suspended or terminated if events beyond company's control such as computer equipment or electronic data transmission failure, strikes, natural disaster, civil disturbance or war materially affect the company's ability to perform the program. TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE. (11/10/15)

 

CONTESTS AND SWEEPSTAKES

General Rules: All federal, state and local laws apply. Potential winners may be required to sign and return an Affidavit of Eligibility and Release of Liability and a Publicity Release within ten (10) days of attempted delivery or prize will be forfeited. Potential winners will be required to complete and return an IRS W-9 form within ten (10) days of attempted delivery or prize will be forfeited. The return of any prize/prize notification as undeliverable or failure to return any documents in a timely manner may result in disqualification and an alternate winner may be chosen. By participating, participants agree to release, discharge and hold harmless Promotion Parties from and against any and all liability or damages associated with this Promotion or acceptance, use or misuse of any prize received in this Promotion. Promotion Parties are not responsible for any typographical or other error in the printing of the offer or administration of the Promotion. Acceptance of prize constitutes permission for the Promotion Parties and their agencies to use winners’ names and likenesses for purposes of advertising and publicity without further compensation, unless prohibited by law. By participating in this Promotion, participants agree to be bound by the Official Rules and decisions of the Sponsor, which shall be final in all matters relating to the Promotion. Promotion Parties are not responsible for lost, late, misdirected, stolen, illegible, inaccurate, damaged, incomplete, non-delivered or postage-due mail; or for printing, distribution or production errors or for technical, hardware, software, or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in this Promotion, or by any human, or other error, which may occur in this Promotion. If, in the Sponsor’s sole opinion, there is any suspected or actual evidence of tampering with any portion of the Promotion or if technical difficulties compromise the integrity of the Promotion, the Sponsor reserves the right to void suspect entries and/or modify and/or terminate the Promotion and/or conduct a random drawing to award the prizes using all known eligible non-suspect entries received. In the event of a dispute regarding the identity of the person submitting an entry, entries will be declared made by the authorized holder of the email account submitting the entry. Sponsor reserves the right to disqualify any individual who tampers with the Promotion or Website or acts in a disruptive manner. This Promotion is offered only in the United States and is governed by the laws of the State of California. Registration and participation in the Promotion constitutes acceptance of terms of the FOX RENT A CAR privacy policy http://www.foxrentacar.com/content/fox-rent-a-car/en/privacy-policy.html the use of registration and submission materials by FOX RENT A CAR and its affiliated business entities. Participant acknowledges that registration in the Promotion also constitutes automatic opt-in to receive email, text messages, marketing communication or other communications from the Promotion Parties FOX RENT A CAR. You may subsequently opt-out of the receipt of such email or communications by clicking on the “unsubscribe” link in the email FOX RENT A CAR. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives. By entering, entrants irrevocably consent to the sole and exclusive jurisdiction of the courts of the State of California located in the county of Los Angeles for any action, suit or proceeding arising out of or relating to this Promotion.

CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES, INCLUDING ATTORNEY’S FEES, FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING  CRIMINAL PROSECUTION.

Waiver: By participating in this Promotion, participant waives all rights to claim punitive, incidental and consequential damages, attorneys’ fees or any damages other than actual out-of-pocket costs incurred to participate.

Security, Account Registration and Other Information

To ensure your security, you must have a FOX account to enter our sweepstakes. If you do not have an account, please create one in the provided login, Fox Rewards or contest forms. By signing up for an account, you agree to receive FOX special offers and emails. Limit (1) entry per person, per day. Must be 18 years of age or older. NO PURCHASE NECESSARY. Void where prohibited by law. Open only to legal residents of the United States. Other restrictions may apply. Each FOX contest has a specific set of rules and conditions.

 

ELECTRONIC COMMUNICATIONS

By using the Site, you consent to receiving electronic communications and notices from Fox Rent A Car. 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.

 

INTELLECTUAL PROPERTY

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 are copyrighted by Fox Rent A Car 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 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. Fox Rent A Car does not warrant that your use of materials displayed on or linked to the Site will not infringe the rights of third parties.

 

NO WARRANTY

While we use our best efforts to maintain the accuracy and reliability of the Site, 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 for problems with its operation. Your access and use of the Site are at your own risk. Without limiting the foregoing, THE SITE, 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 FOX RENT A CAR, 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, ANY INFORMATION PROVIDED BY THE SITE OR ANY TRANSACTION ENTERED INTO THROUGH THE SITE. 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.

 

INDEMNITY

You agree to indemnify and hold Fox Rent A Car 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 access or use of the Site or your violation of any law or the rights of any person.

 

GENERAL

If any provision of these Terms of Use is held to be invalid or unenforceable, that provision shall be construed consistent with applicable law, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope of such section. Our failure to enforce any provision of these Terms of Use shall not constitute a waiver of that or any other provision. These Terms of Use set forth the entire agreement between you and Fox Rent A Car in connection with your use of the Site.