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Audi on demand

AUDI ON DEMAND WEBSITE AND APPLICATION TERMS OF USE

Effective: June 01st, 2024

1. General Terms of Use

Introduction

Aod Operations, LLC (“Audi on demand”, “Us” or “We”) provides its Website and mobile application (“Site”) for your use, subject to these Terms of Use and your compliance with all applicable laws and regulations. Please read these Terms of Use carefully. By clicking “Accept” or by accessing and/or using the Site, you fully and unconditionally accept and agree to be bound by these Terms of Use. Audi on demand reserves the right to revise these Terms of Use at any time, and if we do We will notify you of the changes and obtain your agreement to the changes. If you do not agree to these Terms of Use or to any changes made hereto, please do not visit or use the Site. Your continued use of the Site after notice of changes to these Terms of Use constitutes your acceptance of such changes.

Use Of The Site

Audi on demand 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 Audi on demand. 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. You must be at least 18 years of age to use the Site. If you are not at least 18 years old, you must not access or use the Site.

Code of Conduct

While using this Site, you agree not to:

  1. Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking,” “denial of service” attacks or defacing any portion of the Site;
  2. Use the Site for any unlawful or unauthorized purpose;
  3. Express or imply that any statements you make are endorsed by Us, without our prior written consent;
  4. Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable, or infringes on our or any third party’s intellectual property or other rights; (b) any material, non-public information about Us, any of our licensees or affiliates, or any third party without the authorization to do so; (c) any trade secret of ours, any of our licensees or affiliates, or any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by Us);
  5. Engage in spamming or flooding;
  6. Modify, adapt, sub-license, translate, sell, transfer, reverse engineer, decompile, or disassemble any portion of the Site;
  7. “Frame” or “mirror” any part of the Site without our prior written authorization;
  8. Tamper in any way with the software or functionality of the Site, including, without limitation, transmitting or posting any software or other materials to the Site that contains any viruses, time bombs, Trojan horses, worms, cancelbots or other computer programming routines that may damage, interfere with, intercept, or expropriate any system, data, or information;
  9. Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way gather or extract discount coupons or other content on or available through the Site, or otherwise reproduce or circumvent the navigational structure or presentation of the Site or its contents;
  10. Harvest, “scrape,” or collect information about visitors to or users of the Site without their express consent;
  11. Create a database by systematically downloading and storing all or any of the information on the Site;
  12. Make postings of a commercial nature; or
  13. Permit others, including those whose accounts were terminated, to access the Site through your account, username or password.

Making Reservations

All reservations and transactions made through the Site are subject to Audi on demand’s acceptance, which is in our sole discretion. Without limitation, this means that Audi on demand 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. If you wish to make reservations or to purchase or request products or services described on the Site, you may be asked by Us (or, if you are purchasing or requesting the product or service through a co-branded area of the Site, by the provider of such product or service) to supply certain data applicable to your reservation or purchase, including, without limitation, credit card information and other personally identifiable data about you. You understand that any such personally identifiable data will be treated by Us in the manner described in our Privacy Policy and, if an Audi on demand co-branded provider is involved, such data will be treated by such provider in the manner set forth in that provider’s privacy statement; you acknowledge that We are not responsible for the information collection or privacy practices of these providers or any other third parties. You agree that all data that you provide in making reservations or purchases or requesting services will be accurate, current, and complete. You agree to pay all charges incurred by you or any users of your account and authorize us to charge your credit card or other payment mechanism on file  at the rate(s) or price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes or fees relating to your purchases and reservations.

Verification of submitted data may be required prior to our acceptance of any reservation, purchase or order. Except as otherwise required by law or as otherwise expressly stated by Us, price, rate and availability of products or services are subject to change without notice. You acknowledge that reservations, purchases and services are subject to additional terms and conditions imposed by Us or by our affiliates, licensees or associates, including our Rental Terms and Conditions.

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.

We reserve the right, without prior notification, to change any descriptions or images of, references to, or prices of, any products or services on the Site, or to limit the order quantity on any such product or service and/or refuse service to you. We note that descriptions or images of, or references to, third party products or services do not necessarily imply our endorsement of such products or services.

Links To Other Sites

The Site may include links to third-party websites. Audi on demand 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.

2. Other General Terms and Conditions

Privacy Policy

Audi on demand takes your privacy seriously. Any information submitted on or collected through the Site or in the course of your use of the Audi on demand service is subject to our Privacy Policy, the terms of which are incorporated into these Terms of Use.

Use Of Information Submitted

You agree that Audi on demand is free to use any messages, feedback, comments, ideas, or other information submitted by you, or contained in any communication you may provide or send to Audi on demand or submitted to the Site, without compensation, acknowledgement or payment to you, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services and creating, modifying or improving the Site, or other products or services. You agree that you have all rights and permissions  necessary to share, upload, or provide any information submitted  to Audi on demand.

Coupons

Audi on demand may provide specific discount coupons from time to time for the exclusive use of specific users, or user groups, such as Audi on demand employees or members of specific entities with which Audi on demand has a contractual relationship. Audi on demand reserves the right to make available or  offer   discount coupons from time to time for the exclusive use of specific Audi on demand users or user groups . Any user-specific or  entity-specific coupons and the unique identifying  codes affixed on them, and the benefits associated with their usage are our proprietary property and may only be used by the employees or users of the specific entities or user or user groups  for which the coupons apply. UNAUTHORIZED USE OR DUPLICATION OF ANY OF OUR USER OR ENTITY-SPECIFIC DISCOUNT COUPONS IS STRICTLY PROHIBITED.

Electronic Communications

By using the Site and/or the Audi on demand service, you consent to receiving electronic communications and notices from Audi on demand. You agree that any notices, agreements, disclosures or other communications that Audi on demand sends to you electronically will satisfy any legal notice requirements, including that such notices be in writing.

Intellectual Property

All copyrightable Site and other Audi on demand 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 Audi on demand 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. All requests for permission to reprint or make any other use of the Content should be addressed to [email protected]. Audi on demand does not warrant that your use of materials displayed on or linked to the Site or in connection with the Audi on demand service will not infringe the rights of third parties.

“Audi”, the four rings logo, and all Audi model names are registered trademarks of Audi AG. Any other trademarks, logos, and service marks (collectively “Marks”) displayed in connection with the Site or the Audi on demand service are the property of their respective owners, who may or may not be affiliated with, connected to, or endorsed by Audi on demand. Nothing contained in these Terms of Use or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use or display any Mark or any variation thereof without the written permission of their owners is strictly prohibited.

No Warranty

While Audi on demand uses its reasonable efforts to maintain the accuracy and reliability of the Site,  Audi on demand does not warrant or represent that it will always function or be error-free. Audi on demand assumes no responsibility or liability for errors or omissions in the Site or for problems with its operation. Your use of the Site is at your own risk. Without limiting the foregoing, THE SITE, THE CONTENT AND ANY PRODUCT OR SERVICE OFFERED THROUGH THE SITE IS 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. As a result the above may not apply to you.

BY ACCESSING THE SITE AND USING THE AUDI ON DEMAND SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Limitation Of Liability

IN NO EVENT SHALL AUDI ON DEMAND, 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, ANY TRANSACTION ENTERED INTO THROUGH THE SITE, OR YOUR USE OF THE AUDI ON DEMAND SERVICE.

This is a comprehensive limitation of liability that applies to all damages of any kind, including any direct, indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, loss of goodwill, loss of use, loss of data, cost of procuring substitute goods, services, or information, litigation or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability, or otherwise, even if an individual advises of the possibility of such damages. The limitation of liability set forth herein is a fundamental element of the basis of the bargain between Audi on demand and you. The services offered through the Site would not be provided without such limitations. You acknowledge and agree that your sole and exclusive remedy for any dispute with Audi on demand with respect to your use of the Site or the Program is to stop using the services and cancel your account.

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, defend, and hold Audi on demand 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 and fees and costs associated with enforcement of this provision, arising, directly or indirectly, in whole or in part, out of your use of the Site, any Audi on demand product or service, or your violation of any law or the rights of any person.

Disputes

These Terms of Use shall be governed by and construed solely in accordance with the laws of the State of Texas, United States of America, without regard to its conflict of law principles. You and Audi on demand agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Site,  any products or services rented or purchased through the Site, and any products or services rented or purchased in connection with your use of the Audi on demand service, under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in Travis County in the State of Texas. You covenant not to sue or attempt to sue Audi on demand in any other forum or jurisdiction. You also acknowledge and understand that, with respect to any dispute with any of the Released Parties arising out of or relating to your use of the Site, products or services rented or purchased in connection with the Site or Audi on demand service, or these Terms of Use: (1) YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; (2) YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND (3) YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.

General

All interpretations of the Terms of Use will be at Audi on demand’s sole discretion, and Audi on demand’s decisions will be final. 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. Audi on demand‘s 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 Audi on demand in connection with your use of the Site and any Audi on demand service.

Contact Us

If you have any questions about these Terms of Use, please contact Us at [email protected].