Terms and Conditions

Please review our Booking & Cancelations Policy by clicking here: www.17hertz.com/booking-policy/

17Hertz.com User Information and Privacy Policy

The terms and conditions below explain the use and protection of the information that you provide in connection with your use and view of 17Hertz.com (hereafter the “Website,” “us,” “we,” or “our”), including, but not limited to, Internet protocol addresses, the domain that you use to access the Website, the version and type of browser or operating system you use, the web page you came from or visit next, your email address, user name, geographic location, average time spent on the Website, any text contained in emails and/or information entered while viewing the Website, messages, posts, birthdates, birthdays, events, age, legal names or, nicknames, that of your family members or other individuals, pictures, videos, other websites, credit card numbers, PayPal accounts, other merchant accounts and/or addresses. The foregoing shall be collectively referred to hereafter as the “User Information.”

By using the Website, you expressly and voluntarily agree to the following terms and conditions:

1. Collection of User Information. You expressly consent to our collection, transfer, storage, use and disclosure of your User Information, inside and outside of our servers, for purposes of viewing the Website, and collecting, charting and tracking User Information to generate reports related to Website content. We reserve the right to use your User Information for purposes of gathering information and performing statistical analyses of Website user preferences and characteristics.

2. Use of User Information. You agree that we may use your User Information to create studies, charts, analyses, features, editorials, and reports based on the information that you enter into the Website. You further authorize and give us permission to post or track any emails that you send to us or messages, pictures, videos or other content that you post on the Website if in our sole discretion we deem it necessary, and/or it is necessary to respond to your emails and/or posted messages, pictures, videos or other content.

3. Disclosure of User Information. You agree that we may disclose your User Information to enforce our policies, protect anyone’s rights, property or safety, and respond to legal requests. Notwithstanding anything to the contrary, we will not sell your User Information to any third parties.

4. Safeguards and Security. We shall store all User Information, and protect such information, by security safeguards appropriate to the sensitivity of such information. Despite these protections, you hereby acknowledge the risk and possibility that unauthorized third parties could illegally “hack” into, abuse and/or misuse your User Information. Accordingly, you release us, the Website and any of its owners, related entities, employees, officers, directors, agents, members, partners, successors, and licensees from any and all liability associated with third parties illegally accessing or misappropriating your User Information. We ask that you help protect your User Information by never giving out your personal information unless you deem it necessary or you voluntarily wish to do so, logging off of your computer and/or closing your Internet browser when you finish visiting the Website or other web pages.

5. Links to Other Sites and Advertisements. The Website may contain links to other web pages and services. While we try to link only to other web pages and services that share our high standards and respect for privacy, you hereby agree that we are not responsible for the content of or the privacy practices employed by other companies or websites.

6. Intellectual Property. You acknowledge and agree that the Website, its images and content, and any software used in connection with the Website (collectively “Intellectual Property”) contain proprietary and confidential information that is protected legally. Except as we otherwise expressly authorize in or by a separate agreement, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Intellectual Property, in whole or in part. We grant you a personal, non-transferable and non-exclusive right and license to use the Intellectual Property on a single computer; provided that you or third-parties do not copy, modify, create a derivative work from, reverse engineer, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any rights in the Intellectual Property. You agree not to access the Intellectual Property by any means other than provided through the Website. The name “17 Hertz,” 17 Hertz, LLC; the domain www.17Hertz.com, and all music, videos and other content that is presented by or featured on the Website are our exclusive intellectual property. You agree not to reproduce or use such property without our express authorization.

7. Disclaimer of Warranties. YOUR USE OF THE WEBSITE AND THE INFORMATION PROVIDED ON IT IS AT YOUR SOLE RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE REFRAIN FROM MAKING ANY WARRANTY THAT (i) THE WEBSITE AND THE INFORMATION PROVIDED ON IT WILL MEET YOUR REQUIREMENTS; (ii) USE OF THE WEBSITE AND THE INFORMATION PROVIDED ON IT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE AND THE INFORMATION PROVIDED ON IT WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, DOWNLOADS, OR OTHER MATERIAL PURCHASED, DOWNLOADED OR OBTAINED WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE WEBSITE, THE INFORMATION PROVIDED ON IT OR ITS OPERATIONS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR ACCESS OF ANY SUCH MATERIAL.

8. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE WEBSITE AND OUR APPLICABLE ENTITIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, MEMBERS AND LICENSORS, INCLUDING WITHOUT LIMITATION 17 HERTZ, LLC SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR INABILITY TO USE THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED, DOWNLOADED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE.

9. Minors. You agree that you have reached the age of majority in the state in which you live. If you have not reached that age, you hereby represent and warrant that you have the permission or authority of your parent or guardian to register your User Information with the Website.

10. Indemnity. You agree to indemnify and hold us, 17 Hertz, LLC, the Website, our owners, and our related entities, employees, officers, directors, agents, shareholders, partners and affiliates harmless from any and all claims and demands (including reasonable attorneys’ fees and court costs) made by any third party due to or arising from any questions, comments, letters, messages or requests that you submit, post, transmit or otherwise make available through the Website, breach of the representations and warranties above, use of the Website and the information provided on it, violation of the terms of this policy, and/or your violation of any rights of another.

11. Updates. We reserve the right to update these terms and conditions at our sole discretion without notice to you. If you do not agree to the terms and conditions above, you should not enter your User Information on the Website and/or “opt-out” of any registration or purchase opportunities related to the Website and/or its applicable Intellectual Property, Website content and/or merchandise.

12. Choice of Law and Forum. You agree that the laws of the State of California shall govern the terms and conditions hereof. You further agree that all differences or disputes related to these terms and conditions shall first be submitted to mediation. In the event litigation is necessary thereafter, the applicable state and federal courts of the State of California shall have full and exclusive jurisdiction over all disputes. You further agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this policy shall be filed within one (1) year after such claim or cause of action arose or be forever barred.

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