COCONUT CAR RENTALS, LLC WEBSITE
GENERAL TERMS AND CONDITIONS OF USE
Last updated February 1, 2020
We offer this website, subject to the following terms and conditions
(“Agreement”). Please read this Agreement carefully before using this website.
By using this website, you accept the terms and conditions set forth in this
Agreement. If you do not agree to the terms and conditions set forth in this
Agreement, you must not use this website. We may at any time, at our sole
discretion, update and revise this Agreement by posting an amended Agreement on
this website; any changes that we make to this Agreement will be effective
immediately upon posting. Please check this page periodically for changes to
the Agreement; you will be able to determine if this Agreement has been changed
since your previous visit by viewing the “Last Updated” information
that appears at the top of this Agreement. Your use of this website following
the posting of any changes constitutes acceptance of those changes.
As used in this Agreement, the terms “we” and “us” mean Coconut Car Rentals,
LLC.
You must be at least 13 years of age to use this website. If you are not at least 13 years old, you must not access or use this website.
Copyright. Formal notice of copyright ownership appears on the website. All rights reserved. United States and international copyright laws protect all images, text, programs, and other materials found on this website (the “Site Materials”). Any commercial use of any of the Site Materials is prohibited without the express written consent of Coconut Car Rentals, LLC. You agree not to change or delete any copyright, trademark, or other proprietary notices from materials displayed on or downloaded from this website, and acknowledge that you do not acquire any ownership rights by using this website or the Site Materials.
Trademarks. Names, logos and other marks identifying our products or services are our proprietary marks, and are protected by United States and international trademark laws. All other trademarks and service marks used on this website are the trademarks, service marks, or logos of their respective owners.
Privacy. Any personally identifiable data about you which we collect from you on this website, including without limitation, personally identifiable data about you collected during any registration process as described below, is subject to the privacy policy that is applicable to this website. For more information, please carefully review the applicable privacy policy, which is accessible via a link provided at the bottom of the homepage of this website.
Registration. Access to some areas and use of some functions of this website may require you to be or become a participant in or a member of a particular Coconut Car Rentals, LLC program. When and if you register to become a participant or member, you agree to (a) provide accurate, current, and complete information about yourself as prompted by our registration form (including your e-mail address), and (b) to maintain and update your information (including your e-mail address) to keep it accurate, current, and complete. You acknowledge that, if any information provided by you is or becomes inaccurate, not current, or incomplete, we reserve the right to terminate your use of this website and related services. As part of the registration process, you may be asked to select a password. You will be responsible for the confidentiality and use of your password and any club or program identification number and agree not to transfer or resell your use of or access to this website to any third party. If you have reason to believe that your account with us is no longer secure, you must immediately notify us of the problem.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ANY CLUB OR PROGRAM IDENTIFICATION NUMBER, AND YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES (INCLUDING RESERVATIONS AND PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. For more information regarding data security issues, please see the “Data Security” section of the privacy policy accessible via a link provided at the bottom of the homepage of this website.
Code of Conduct. While using this website and/or the Site Materials, you agree not to:
- Restrict or inhibit any other visitor from using this website, including, without limitation, by means of “hacking,” “denial of service” attacks or defacing any portion of this website;
- Use this website or the Site Materials for any unlawful or unauthorized purpose;
- Express or imply that any statements you make are endorsed by us, without our prior written consent;
- 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; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us);
- Engage in spamming or flooding;
- Modify, adapt, sub-license, translate, sell, transfer, reverse engineer, decompile, or disassemble any portion of this website or the Site Materials;
- “Frame” or “mirror” any part of this website without our prior written authorization;
- Tamper in any way with the software or functionality of this website, including, without limitation, transmitting or posting any software or other materials to this website 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;
- 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 reproduce or circumvent the navigational structure or presentation of this website or its contents;
- Harvest or collect information about visitors to this website without their express consent;
- Create a database by systematically downloading and storing all or any of the information on this website;
- Make postings of a commercial nature; or
- Permit others, including those whose accounts were terminated, to access this website through your account, username or password.
In addition, while using this website and/or the Site Materials, you agree to comply with all applicable laws, rules, and regulations.
Making Reservations and Purchasing or Requesting Products or
Services. If you wish to make reservations or to
purchase or request products or services described on this website, you may be
asked by us (or, if you are purchasing or requesting the product or service
through a co-branded area of this website, 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 the privacy
policy accessible via a link provided at the bottom of the homepage of this
website. 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 credit card
or other payment mechanism at the rate(s) or price(s) in effect when such
charges are incurred. You will also be responsible for paying any applicable
taxes relating to your purchases.
We reserve the right, without prior notification, to change any descriptions or
images of, or references to, any products or services on this website, 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.
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.
A summary of our current policies regarding vehicle rental rate
quotes, reservations and prepaid rentals is accessible from the web page on
which you are quoted a rate for rental by us.
Links. This website may contain links to other Internet websites and
online resources. Links on this website to other websites or resources shall
not be construed as endorsement, control, review or approval of such other
websites by us. You acknowledge and agree that we shall not be held responsible
for the legality, accuracy, or inappropriate nature of any content,
advertising, products, services, or information located on or through any other
websites, nor for any loss or damages caused or alleged to have been caused by
the use of or reliance on any such website or content. Further, the treatment
of user data by the operators of third party websites may be different from our
treatment of user data. For details regarding such operators’ treatment of data
about users, you must review their privacy policies or terms and conditions of
use or contact them for this information.
Use of “Cookies” and Other Tracking Technologies. We may use cookies and
other technologies to facilitate and track your use of services offered on this
website and in connection with our e-mail communications. For more information
on our use of such technology, please see the privacy policy accessible via a
link provided at the bottom of the homepage of this website.
Accuracy of Information. Although we strive to ensure the accuracy of
the information found on this website, neither we, nor our affiliates,
licensees, suppliers, or agents, can be held responsible by you for the
accuracy of such information. It is solely your responsibility to evaluate the
accuracy, completeness, and usefulness of all information provided on this
website.
Disclaimers. We provide this website, the site materials, and any
product or service obtained through or in connection with this website on an
“as is” and “as available” basis without representations or
warranties of any kind, either express or implied, unless otherwise expressly
provided in a written, agreement with us to which you are a party with regard
to a particular product or service. To the fullest extent permissible pursuant
to applicable law, we and our affiliates, licensees, suppliers, advertisers,
and agents disclaim all warranties, express or implied, including, but not
limited to, implied warranties of title, merchantability, fitness for a
particular purpose, and noninfringement, unless otherwise expressly provided in
a written, agreement with us to which you are a party with regard to a
particular product or service. We and our affiliates, licensees, suppliers, and
agents do not warrant that your use of this website or the site materials will
be uninterrupted, error-free, or secure, that defects will be corrected, or
that this website (or the server(s) on which it is hosted) or related software
are free of viruses or other harmful components. You acknowledge that you are
responsible for obtaining and maintaining all telephone, computer hardware, and
other equipment needed to access and use this website, and all charges related
thereto. No opinion, advice, or statement of us or our affiliates, licensees,
suppliers, agents, or visitors, whether made on this website, in the site
materials, or otherwise, shall create any warranty, unless otherwise expressly
provided in a written, agreement with us to which you are a party with regard
to a particular product or service. Your use of this website is
entirely at your own risk.
Conflicts. In the event a conflict arises between any information
posted on this website, this Agreement, and/or any contract you have with us,
the terms of your contract with us will prevail over this Agreement and the
information posted on this website, and this Agreement will prevail over
information posted on this website.
Limitation of Liability. As a condition of your use of this
website, you agree that neither we, nor any of our affiliates, licensees,
suppliers, directors, officers, shareholders, employees, or agents, will be
liable to you or any third party for any direct, indirect, incidental, special,
exemplary, punitive, or other damages under any contract, negligence, strict
liability, or other theory, or consequential loss of profits, loss of earnings,
loss of business opportunities, lost data, interrupted communications, damages,
expense, or costs resulting directly or indirectly from or otherwise arising in
connection with:
- The use of this website, including, but not limited to, damages resulting or arising from your reliance on this website or any information or materials found on this website or hyperlinked from this website, or the mistakes, omissions, interruptions, errors, defects, delays in operation, transmissions, eavesdropping by third parties, or any failure of performance of this website;
- Government restriction, strikes, war, any natural disaster or force majeure, power failures, large increases in on-line activity in a short period of time (usage spikes), viruses, catastrophic hardware failures, attacks on our servers, fires, earthquakes, floods, unusually severe weather, or any other condition beyond our reasonable control limiting, preventing or otherwise affecting either your access to or use of this website or site materials or our ability to provide products or services in connection with, or reserved or ordered through, this website; or
- Loss of security of information you have provided in connection with your use of this website, or interception of any such information by unauthorized third parties.
Your sole remedy for
dissatisfaction with this website and/or site materials contained within this
website is to stop using this website and/or site materials, as applicable.
Indemnification. Without limiting the generality or effect of other
provisions of this Agreement, you agree to indemnify, hold harmless, and defend
us, our affiliates, licensees, subcontractors, and agents, and each of our or
their officers, directors, and employees, from and against any and all claims,
damages, losses, costs (including reasonable attorneys’ fees), or other
expenses that arise directly or indirectly out of or from (a) your breach or
alleged breach of this Agreement, including any violation of the Code of
Conduct above; and (b) your use of this website and engagement in transactions
on this website including, but not limited to, use of the Site Materials.
Availability of this Website. This website is usually available 24
hours a day, 7 days a week. However, we retain the right to make this website
unavailable from time to time for any reason or no reason. We shall not be
liable for any damages arising from any interruption, suspension, or
termination of this website.
Claims of Copyright Infringement. The Digital Millennium Copyright
Act of 1998 (the “DMCA”) provides recourse for copyright owners who
believe that material appearing on the Internet infringes their rights under
U.S. copyright law. If you believe in good faith that materials hosted by us
infringe your copyright, you (or your agent) may send us a notice requesting
that the material be removed, or access to it blocked. The notice must include
the following information: (a) a physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed; (b) identification of the copyrighted work claimed to have
been infringed (or if multiple copyrighted works located on this website are
covered by a single notification, a representative list of such works); (c)
identification of the material that is claimed to be infringing or the subject of
infringing activity, and information reasonably sufficient to allow us to
locate the material on the website; (d) the name, address, telephone number,
and email address (if available) of the complaining party; (e) a statement that
the complaining party has a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or
the law; and (f) a statement that the information in the notification is
accurate, and under penalty of perjury, that the complaining party is
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed. If you believe in good faith that a notice of copyright
infringement has been wrongly filed against you, the DMCA permits you to send
us a counter-notice. Notices and counter-notices must meet the then-current
statutory requirements imposed by the DMCA; see http://www.copyright.gov for details. Notices and counter-notices with respect to
this website should be sent to Meredith Acly, Owner, Coconut Car Rentals LLC, PO
Box 983107, Pago Pago, AS 96799, (684) 272-1879, CoconutCarsAS@gmail.com. We suggest that you
consult your legal advisor before filing a notice or counter-notice. Also, be
aware that there can be penalties for false claims under the DMCA.
Void Where Prohibited. Although this website is accessible
worldwide, not all products or services discussed or referenced in this website
are available to all persons or in all geographic locations or jurisdictions.
In addition, restrictions may apply to use of products or services obtained in
one jurisdiction in other jurisdictions. Those who choose to access this website
do so on their own initiative and at their own risk, and are responsible for
compliance with their local laws, if and to the extent such local laws are
applicable. You may not use or export the Site Materials or products and
services available through this website in violation of applicable export laws
and regulations. We, and our affiliates, licensees, suppliers and agents,
reserve the right to limit the availability of this website and/or the
provision of any product or service to any person, geographic area or
jurisdiction we or they so desire, at any time and in our or their sole
discretion.
Applicable Law. Except to the extent expressly provided in the following
paragraph, this Agreement (including any of our policies referred to herein)
shall be governed by and construed in accordance with the laws of the Territory
of American Samoa without regard to American Samoa’s conflict of law
provisions.
Other General Provisions. We reserve the right to immediately terminate your access to and use of this website or any portion thereof, or to eliminate any content, feature or service of this website, at any time and for any reason, with or without cause. Headings found in this Agreement are for reference only. A party’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This, together with any of our policies referred to herein, is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between you and us regarding the same subject matter (except other written, fully-executed contracts between you and us). Neither the course of conduct between you and us, nor trade practice shall act to modify any provision of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such determination shall not affect such provision in any other respect or any other provision of this Agreement, which shall remain in full force and effect. This Agreement is not assignable, transferable or sublicensable by you except with our prior written consent.
Site Operator Address:
Coconut Car Rentals, LLC
PO Box 983107
Pago Pago, AS, 96799
Privacy Policy: https://americansamoacarrental.com/privacy-policy/