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Website Terms of Use
Extra Rent-A-Car Sdn Bhd ("Extra") maintains this
website (our "Site") as a service to our customers and the
companies, businesses and organizations they represent
(collectively, "you"). By using websites owned and operated by
Extra.
YOUR USE OF THE SITE
AS DESCRIBED ABOVE CONSTITUTES YOUR REPRESENTATION TO Extra THAT YOU
ARE OVER 18 YEARS OF AGE, THAT YOU MAY LEGALLY ENTER INTO THIS
AGREEMENT, AND THAT YOU AGREE WITH THE TERMS OF THE AGREEMENT.
IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU SHOULD
NOT USE THE SITE. WE MAY MODIFY THIS AGREEMENT (INCLUDING WITHOUT
LIMITATION THE Extra PRIVACY POLICY DESCRIBED HEREIN) FROM TIME TO
TIME, AND POST THOSE MODIFICATIONS HERE. YOUR CONTINUED USE OF THE
SITE AFTER ANY SUCH MODIFICATION CONSTITUTES YOUR ACCEPTANCE OF THE
MODIFIED AGREEMENT. Extra MAY TERMINATE THIS AGREEMENT, INCLUDING
ALL YOUR RIGHTS HEREUNDER, AT ANY TIME UPON NOTICE, WITH OR WITHOUT
CAUSE.
IF YOU WISH TO BE NOTIFIED OF ANY MODIFICATIONS
TO THIS AGREEMENT BY EMAIL, PROVIDE A VALID EMAIL ADDRESS AND TYPE
"NOTIFY" IN THE SUBJECT LINE. YOU UNDERSTAND AND AGREE THAT YOU
SHALL BE BOUND BY ALL SUCH MODIFICATIONS, IF ANY, REGARDLESS OF
WHETHER YOU PROVIDE SUCH EMAIL ADDRESS.
1. Ownership
Extra and its suppliers own all content, materials, forms,
agreements, documents and other items on the Site (collectively,
"Materials"). You have no ownership interest in Materials, but Extra
grants you a limited license to view and use Materials as described
in Section 2 ("License"). Materials are protected under
applicable copyright, trademark, trade secret, and other
intellectual property laws in the United States and around the
world. You have no other right to view, use, copy, perform, display,
or modify Materials except as described in Section 2 ("License").
Extra may modify, add to, or delete any Materials at any time,
without notice to, or permission from, you or any third party.
2. License
Subject to your performance of your obligations under this
Agreement, Extra hereby grants you a limited, revocable and the
Materials solely for your own internal business purposes. You may
not republish, "mirror", "frame", transfer, or otherwise make
availble to third parties the Site or the Materials except with the
prior, written consent of Extra.
3. Forms
YOU UNDERSTAND AND AGREE THAT THE MATERIALS MAY CONTAIN SAMPLE OR
FORM AGREEMENTS, LETTERS OR OTHER DOCUMENTS ("FORMS"). FORMS MAY
INCLUDE FINANCIALLY ? OR LEGALLY ? SIGNIFICANT DOCUMENTS, SUCH AS
CONTRACTS, LEASES, BALANCE SHEETS, ASSIGNMENTS AND OTHER ITEMS, AND
ARE PROVIDED TO YOU SOLELY AS EXAMPLES OF TYPICAL DOCUMENTS OF THEIR
KIND. THE DELIVERY AND USE OF FORMS DOES NOT CONSTITUTE LEGAL,
ACCOUNTING OR OTHER PROFESSIONAL ADVICE, AND YOU ARE URGED TO
CONSULT AN APPROPRIATE PROFESSIONAL LICENSED IN YOUR JURISDICTION
BEFORE USING ANY FORMS. YOU THEREFORE ASSUME ALL RISK ASSOCIATED
WITH FORMS, AND AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS Extra,
ITS PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS,
SHAREHOLDERS, EMPLOYEES AND OFFICERS FROM AND AGAINST ANY AND ALL
CLAIMS, DEMANDS, THREATS, SUITS OR PROCEEDINGS, OR ANY LOSSES OR
LIABILITIES (INCLUDING ATTORNEYS' FEES AND COSTS) ASSOCIATED WITH
SUCH CLAIMS, DEMANDS, THREATS, SUITS OR PROCEEDINGS, ARISING FROM
ANY BREACH OF THIS AGREEMENT BY YOU OR ANY USE BY YOU OF THE SITE OR
THE MATERIALS, INCLUDING WITHOUT LIMITATION THE FORMS.
4. Registration and
Personal Information
You may have the opportunity to provide certain personal information
at the Site directly to Extra or through your use of Third Party
Services. The collection or use of personal information by Extra
shall be governed by the Extra Privacy Policy,
as modified from time to time by Extra; the terms of such Privacy
Policy are hereby incorporated into this Agreement by reference. You
understand and agree that the collection or use of your personal
information by third parties shall be governed by any agreement or
privacy policy in effect between you and such third parties, if any,
and Extra shall have no liability whatsoever for any such collection
or use.
5. Community
The Site contains areas such as message boards, mailing lists and
directories (collectively, "Site Facilities"), where you may share
information with other users. You agree that if you use any Site
Facilities, you shall not share, post, transmit or otherwise
disseminate any unlawful, defamatory, libelous, threatening,
abusive, offensive, racist, vulgar, harassing, pornographic or
obscene material of any kind, or materials that would infringe or
violate the rights of any person or constitute a criminal offense or
otherwise violate any applicable local, state, national or foreign
law. You understand and agree that you shall not use the Site
Facilities for advertising or commercial promotion of yourself or
any third party. Extra does not monitor Site Facilities on a regular
basis, but may do so without notice to, or permission from, you or
any third party. Extra shall have the right, but not the obligation,
to remove any material from Site Facilities as Extra sees fit at any
time. You understand and agree that Extra, its parent, subsidiaries,
affiliated companies, agents, shareholders, employees and officers
shall have no liability whatsoever for any information or material
contained or shared at Site Facilities.
6. Disclaimer
THE SITE AND THE MATERIALS ARE PROVIDED ON AN AS IS BASIS, WITHOUT
ANY WARRANTY WHATSOEVER. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, Extra HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED,
STATUTORY OR ARISING FROM COURSE OF DEALING, INCLUDING ALL IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE SITE AND THE
MATERIALS (INCLUDING WITHOUT LIMITATION THE FORMS) MAY BE INCORRECT,
OUT OF DATE, INAPPROPRIATE FOR ANY PARTICULAR TRANSACTION, AND MAY
CONTAIN "BUGS", ERRORS, DEFECTS, AND MAY NOT OPERATE ERROR-FREE OR
NOT PRODUCE RESULTS AS EXPECTED.
7. Damages
IN NO EVENT SHALL Extra, ITS PARENT, SUBSIDIARIES, AFFILIATED
COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES OR OFFICERS HAVE ANY
LIABILITY HEREUNDER TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR
LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER
BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE
LIABILITY OF Extra, ITS PARENT, SUBSIDIARIES, AFFILIATED COMPANIES,
AGENTS, SHAREHOLDERS, EMPLOYEES AND OFFICERS EXCEED ONE HUNDRED
DOLLARS ($100), REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN
CONTRACT, TORT, OR OTHERWISE. THE NEGATION OF DAMAGES SET FORTH
ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN
Extra AND YOU. THIS SITE AND THE MATERIALS WOULD NOT BE PROVIDED
WITHOUT SUCH LIMITATIONS.
8. Grant of Rights
You represent and warrant that all information provided by you in
whatever format shall be non-confidential to you or any third party,
and Extra may use or disclose such information without notice to, or
permission from, you or any third party, subject only to the Extra
Privacy Policy as described in Section 4 ("Registration and
Personal Information"). You hereby grant to Extra a worldwide,
royalty-free, irrevocable, perpetual, non-exclusive, transferable
license (with a right to grants sublicenses through multiple tiers
of sublicensees) to use, execute, display, copy, perform and modify
such information as Extra sees fit and for any purpose whatsoever.
9. Exchange
The Site offers a feature known as the Exchange ("Exchange") that
allows potential providers of goods and services ("Sellers") to
contact potential buyers of such goods and services ("Buyers"). If
you use the Exchange, the following terms apply to you:
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Access. Extra shall provide you a user
identification ("User ID") and a password ("Password") in order
to gain access to the Exchange. You shall not disclose such
Password to any third party, and shall not use the Password or
User ID for any purpose other than gaining access to the
Exchange;
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Use. You may use the Exchange to
notify, be notified by, and communicate with other Buyers and
Sellers regarding your lawful, honest and accurate offers or
solicitations to acquire goods and services only. Any use of the
Exchange for any other purpose, including any illegal,
unethical, dishonest, deceitful or misleading transaction or
activity, including without limitation any mass distribution of
unsolicited commercial email or "Spam", is strictly prohibited.
Without limiting the generality of the foregoing, if you are a
Seller, you may post information about the goods and services
you wish to offer on the Exchange. If you are a Buyer, you may
post information about the goods and services you are seeking in
the form of a request for proposal ("RFP"), in the format
required by the Exchange. You understand and agree that Extra
does not verify the content of any postings, including any RFPs,
and that content may be inaccurate, untimely, incomplete or
wrong. Extra makes no representations as to your experiences
when you use the Exchange, or your ability to obtain or exploit
any leads, sales, agreements, contracts or other arrangements or
benefits from the Exchange. Your communications with Buyers and
Sellers are your responsibility, and Extra has no responsibility
with respect thereto. Extra make no representations as to the
true identity of any Buyers or Sellers, their abilities or
truthfulness, the functionality of the Exchange, the quality of
any goods or services on the Exchange, or any matter whatsoever.
You agree to use caution and common sense at all times while
using the Exchange.
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Disclaimer. WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, YOU SHALL FULLY INDEMNIFY, DEFEND
AND HOLD HARMLESS Extra, ITS PARENT, SUBSIDIARIES, AFFILIATED
COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES AND OFFICERS FROM AND
AGAINST ANY AND ALL CLAIMS, DEMANDS, THREATS, SUITS OR
PROCEEDINGS, OR ANY LOSSES OR LIABILITIES (INCLUDING ATTORNEYS'
FEES AND COSTS) ASSOCIATED WITH ANY SUCH CLAIMS, DEMANDS,
THREATS, SUITS OR PROCEEDINGS, ARISING FROM ANY USE BY YOU OF
THE EXCHANGE.
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Rating and Fees. You understand and
agree that Extra may, with or without notice to you or any third
party, require that Buyers and Sellers, including you, submit to
a rating system, whereby their conduct and activities are
subject to review, comment and rating by other Buyers and
Sellers. You further understand and agree that Extra may, with
or without notice to you or any third party, require that Buyers
and Sellers, including you, pay certain fees as a condition of
continuing use of the Exchange.
10. General
This Agreement constitutes the entire and only agreement between
Extra and you regarding the Site, and supersedes all prior or
contemporaneous agreements, representations, warranties and
understandings with respect to the Site, the information provided by
or through the Site, and the subject matter of this Agreement. You
agree to review this Agreement prior to reviewing any information or
obtaining any documents from the Site. Any action related to this
Agreement shall be governed by the substantive laws of the State of
Sabah, Malaysia, without regard to conflicts of laws principles. The
State and Federal courts located in Kota Kinabalu, Sabah, shall have
sole jurisdiction over any dispute arising hereunder, and the
parties hereby consent to the personal jurisdiction of such courts
and to extra-territorial service of process. The United Nations
Convention on Contracts for the International Sale of Goods shall
not apply to this Agreement. Neither this Agreement, nor any rights
hereunder, may be assigned by operation of law or otherwise, in
whole in part, by you without the prior, written consent of Extra.
Any purported assignment without such permission shall be void.
Extra may assign this Agreement, in whole or in part, without notice
to you or any third party. Any waiver of any rights of either party
must be in writing, signed by the waiving party, and any such waiver
shall not operate as a waiver of any future breach of this
Agreement. In the event any portion of this Agreement is found to be
illegal or unenforceable, such portion shall be severed, and the
remaining terms shall be separately enforced. The language in this
Agreement shall be interpreted as to its fair meaning and not
strictly for or against either party. In the event of any conflict
between this Agreement and the Privacy Policy or any other terms on
the Site, this Agreement shall control.
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