Effective Date: May 24, 2023 

  1. Acceptance of Terms 

1.1 These Terms of Use (“Terms”) regulate the use of websites and services provided, managed, or otherwise facilitated by Experience Florida Car Rentals (“Experience Florida Car Rentals,” “we,” “us,” or “our”) and any of its affiliates and subsidiaries. 

1.2 These Terms are legally binding and substantially affect your legal rights. Thorough reading of these Terms is strongly advised. Importantly, a specific section of these Terms (to be designated) contains a mandatory arbitration provision, necessitating the resolution of certain disputes exclusively through arbitration on an individual basis and limiting the available remedies in such scenarios. 

1.3 By accessing or using the website https://experiencefloridacarrentals.com (hereinafter referred to as the “Site”) and any associated websites, services, software, and data (collectively, “Experience Florida Car Rentals Services”), you agree to be legally bound by these Terms, including all terms incorporated by reference herein. 

1.4 The use of Experience Florida Car Rentals Services is limited to individuals who are at least 18 years of age. By accepting these Terms, you represent that you possess the legal authority to enter into this agreement. If you accept these Terms on behalf of a third party, such as a person or entity, you represent that you are duly authorized to bind such party to these Terms, and they shall be held responsible for any breach of these Terms by either you or them. 

1.5 By accessing or using the Experience Florida Car Rentals Services, you also represent and warrant that you have not been previously suspended or removed from the Experience Florida Car Rentals Services, nor have engaged in any activities that could lead to such suspension or removal. 

1.6 Experience Florida Car Rentals reserves the right, at its sole discretion, to modify these Terms at any time for any reason. Changes will be communicated through reasonable means, including via the Experience Florida Car Rentals Services. The “Last Updated” date at the top of these Terms will indicate the latest revisions. Unless explicitly required by law, your continued access to or use of the Experience Florida Car Rentals Services signifies acceptance of any revised Terms. If you do not agree to the revised Terms, your access and use of the Experience Florida Car Rentals Services are unauthorized. Regular review of this page for updates to these Terms is strongly recommended. 

1.7 To engage in activities on the Site, you must register and create an account with Experience Florida Car Rentals. Registration requires providing accurate personal information, including your real name, address, telephone number, and email address (book@experiencefloridacarrentals.com). 

1.8 By listing or requesting services on the Site, you expressly authorize Experience Florida Car Rentals to charge your credit card for any applicable fees. All fees are denominated in U.S. Dollars, unless otherwise specified. 

  1. Role of Experience Florida Car Rentals 

2.1 Platform for Third-Party Transactions 

Notwithstanding the stipulations of Section 2.2 and Section 3, it is expressly acknowledged and agreed that Experience Florida Car Rentals functions as a facilitator providing a platform for third-party sellers (“Third-Party Sellers”) and third-party buyers (“Buyers”) to engage in transactions involving vehicle rentals (“Third-Party Transactions”) via the Experience Florida Car Rentals Services. Experience Florida Car Rentals shall not bear any liability or responsibility for any Third-Party Transactions except in instances where it acts explicitly as a seller or buyer, as detailed in Sections 2.2 and 3 (“Experience Florida Car Rentals Transactions”). It is clarified that Experience Florida Car Rentals is not an agent of any Third-Party Sellers or Buyers in relation to Third-Party Transactions and does not hold any authority to act in any capacity concerning such transactions. Experience Florida Car Rentals hereby expressly disclaims all responsibility and liability concerning the quality, safety, legality, or descriptions of services advertised or rendered by Third-Party Sellers through the Experience Florida Car Rentals Services, due to its lack of control over such aspects. 

In relation to Third-Party Transactions, Experience Florida Car Rentals explicitly disclaims any responsibility and liability concerning any listings by Third-Party Sellers, including but not limited to their accuracy, completeness, potential misleading or deceptive nature, and categorically denies all representations and liabilities related thereto. Moreover, Experience Florida Car Rentals exercises no control over the ability of Third-Party Sellers to fulfill service offerings or the ability of Buyers to engage in rental transactions, and does not assure that any Buyer or Third-Party Seller will complete transactions or fulfill any commitments related to a Third-Party Transaction. Both Buyers and Third-Party Sellers participating in Third-Party Transactions recognize that Experience Florida Car Rentals is under no obligation to enforce the performance of any party’s obligations in such transactions. It is strongly advised for parties to exercise due diligence when engaging with a Third-Party Seller, and consideration of utilizing a third-party escrow agent for added protection in Third-Party Transactions may be prudent. All participants in Third-Party Transactions must adhere to these Terms and comply with all applicable laws, rules, and regulations of the United States and other relevant jurisdictions. 

2.2 Experience Florida Car Rentals as a Participant in Transactions 

In instances where Experience Florida Car Rentals partakes in transactions, it reserves the right to act either as a purchaser or a provider in such engagements (“Experience Florida Car Rentals Transactions”). Should Experience Florida Car Rentals be directly involved in an Experience Florida Car Rentals Transaction, the specific terms and conditions governing such engagement shall be as outlined in Section 5, detailed subsequently. 

  1. User Registration for Experience Florida Car Rentals Services 

In order to access and utilize certain areas or features of the Experience Florida Car Rentals Services, you may be required to provide specific information and respond to certain inquiries. Each registration is to be used by a single user only. By using the Experience Florida Car Rentals Services, you agree to (a) provide accurate, current, and complete information, (b) maintain and promptly update such information as necessary, (c) assume responsibility for any actions or omissions by any third party who has authorization to use or access the Experience Florida Car Rentals Services on your behalf, and (d) immediately notify us of any security breaches or suspicious activities related to the Experience Florida Car Rentals Services. If any information provided by you is found to be false, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your current or future use of the Experience Florida Car Rentals Services. 

In providing information and responding to inquiries, you also agree to receive electronic communications from Experience Florida Car Rentals (e.g., emails or notices posted on the Experience Florida Car Rentals Services). It is advisable to keep copies of these communications, either by printing or saving electronically. We may also send promotional communications via email, such as newsletters, special offers, surveys, and other information we believe may interest you. You have the option to opt out of receiving these promotional emails at any time by following the provided unsubscribe instructions. 

  1. Right to Use and Access Experience Florida Car Rentals Services and Content 

The Experience Florida Car Rentals Services, including all content and materials therein (collectively, “Content”), are the property of Experience Florida Car Rentals or its licensors, protected by U.S. and international copyright and other laws. Unless explicitly stated in writing by us, you are granted a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable right to access, view, and make personal, non-commercial use of the Experience Florida Car Rentals Services and Content, subject to these Terms. All rights not expressly granted are reserved. No ownership interest in the Experience Florida Car Rentals Services or Content is conferred under these Terms, nor any other rights thereto other than the right to use the Experience Florida Car Rentals Services in accordance with the granted right, subject to all terms, conditions, and restrictions. 

You are prohibited from selling, reselling, or using commercially the Experience Florida Car Rentals Services or Content; distributing, publicly performing or displaying any Content; modifying or creating derivative works of the Experience Florida Car Rentals Services or Content, or any portion thereof; using data mining, robots, or similar data gathering or extraction methods; downloading any portion of the Experience Florida Car Rentals Services or Content, except as expressly permitted by us; using the Experience Florida Car Rentals Services to harass, threaten, or violate the rights of others, including privacy or publicity rights; interfering with the Experience Florida Car Rentals Services or servers or networks connected to the Services; or using the Experience Florida Car Rentals Services or Content for any purposes other than their intended use. 

Any unauthorized use of the Experience Florida Car Rentals Services or Content, without our prior written permission, is strictly prohibited and will result in the termination of the granted access and use rights. Such unauthorized use may also violate applicable laws, including copyright and trademark laws and communication regulations and statutes. 

Nothing in these Terms shall be interpreted as conferring any right or license to any patent, trademark, copyright, or other proprietary rights of Experience Florida Car Rentals or any third party, either expressly, by implication, estoppel, or otherwise. 

You agree not to remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Content, and not to reproduce, modify, adapt, create derivative works from, perform, display, publish, distribute, transmit, sell, license, or otherwise exploit any Content. 

We reserve the right to modify, suspend, or discontinue the Experience Florida Car Rentals Services (or any part thereof) at any time, at our sole discretion. We also retain the right to immediately halt any listing, or deny, restrict, or terminate your access to the Site or the Experience Florida Car Rentals Services at our sole discretion, including if you engage in any illegal or prohibited activities as outlined in these Terms. We further retain the right to delete any listing or information at our discretion, including any content that violates these Terms or is otherwise deemed offensive or unacceptable. 

  1. Vehicle Rentals, Services, and Consignments for Experience Florida Car Rentals 

5.1 Renting a Vehicle through Experience Florida Car Rentals Services 

In instances where you express interest in renting a vehicle from Experience Florida Car Rentals via the Experience Florida Car Rentals Services, you acknowledge that you are required to agree to the vehicle rental agreement, which can be accessed at https://experiencefloridacarrentals.com/agreement. 

5.2 Offering a Vehicle for Rental through Experience Florida Car Rentals Services 

Should you wish to offer a vehicle for rental through the Experience Florida Car Rentals Services, you hereby acknowledge and agree to comply with the rental terms and conditions, as well as any international rental terms and conditions if applicable, which are available at https://experiencefloridacarrentals.com/agreement. 

5.3 Rental & Use Taxes 

It is recognized and agreed that both the renters (hereby referred to as “Renters”) and third-party service providers (“Third-Party Providers”) are solely responsible for determining the applicability of any taxes, including but not limited to rental, use, or luxury taxes, related to any Third-Party Transactions, and for the collection, reporting, and remittance of such taxes to the appropriate tax authorities. Furthermore, it is understood and agreed that Experience Florida Car Rentals is not obligated to determine the applicability of such taxes to any Third-Party Transaction and shall not be held liable for collecting, remitting, or reporting any such taxes that may arise from any such transaction. 

  1. Trademarks 

The Experience Florida Car Rentals logo and all other product or service names, trademarks, logos, or other identifying features (“Marks”) associated with Experience Florida Car Rentals Services are the exclusive property of Experience Florida Car Rentals, its subsidiaries, affiliates, or third parties, and may not be used, either wholly or in part, without our prior written consent. Nothing in these Terms or the Experience Florida Car Rentals Services shall be construed as conferring, by implication or otherwise, any license or right to use any of the aforementioned Marks without the prior written authorization of Experience Florida Car Rentals or the relevant third party that owns such Marks. Unauthorized use of these Marks in any manner likely to cause confusion among consumers or that dilutes these Marks is strictly prohibited. 

  1. Legal Requirements; Privacy Policy 

Our Privacy Policy details how we manage the personal information you provide to us in the course of using the Experience Florida Car Rentals Services. For an understanding of our privacy practices, please refer to our Privacy Policy, which can be found at [specified location for the Privacy Policy on the Experience Florida Car Rentals website]. 

  1. User Content for Experience Florida Car Rentals Services 

As a user of Experience Florida Car Rentals Services, you bear sole responsibility and liability for all data, information, and other materials (“User Content”) that you submit, upload, post, email, or otherwise transmit (“Transmit”). Please be aware that we do not exercise control over, and are not liable for, any damages resulting from the use, including without limitation, republication, or misuse by any third party of information made public through Experience Florida Car Rentals Services. 

In choosing to make any User Content publicly available, you do so at your own risk. We bear no liability in this regard. You are required to use the Site and Experience Florida Car Rentals Services lawfully and only for lawful purposes. Accordingly, you agree to comply with all applicable laws, statutes, and regulations in the use of Experience Florida Car Rentals Services, including in listing, renting, and soliciting offers to rent. 

Furthermore, you agree not to engage in any of the following prohibited activities: 

Additionally, you shall not: 

(a) Transmit User Content that is unlawful, harmful, threatening, obscene, invasive of privacy, or objectionable on racial or ethnic grounds.  

(b) Transmit User Content that:  

(i) You are not authorized to transmit under law or contractual relationships.  

(ii) Infringes intellectual property rights or misappropriates trade secrets.  

(iii) Constitutes unauthorized advertising, “spam,” or pyramid schemes.  

(iv) Contains harmful software routines or viruses.  

(c) Forge headers or manipulate identifiers to disguise the origin of any User Content. 

While we are not obligated to screen, edit, or monitor User Content, we reserve the right to remove, screen, or edit User Content at our discretion. It is your responsibility to back up and replace any User Content you post on the Experience Florida Car Rentals Services. 

Violations of these terms may result in termination of your use of the Experience Florida Car Rentals Services and could expose you to civil and/or criminal liability. 

  1. Rights in User Content for Experience Florida Car Rentals Services 

By uploading, posting, or submitting User Content to Experience Florida Car Rentals Services or to our pages or feeds on third-party social media platforms, you grant Experience Florida Car Rentals a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your User Content, in whole or in part, in any format or medium and for any purpose at our sole discretion, including but not limited to publicity, promotional, advertising, trade, business, illustration, artistic, and other commercial and non-commercial purposes. However, Experience Florida Car Rentals will only share personal information that you provide in accordance with our Privacy Policy. 

You agree that Experience Florida Car Rentals may disclose or use any User Content for purposes permitted under applicable law, including, but not limited to:  

(a) enforcing these Terms;  

(b) complying with any legal obligations, regulations, or rules of federal, state, local, or foreign governments or agencies;  

(c) responding to claims that any User Content infringes upon third-party rights; or (d) protecting the rights or property of Experience Florida Car Rentals, its customers, or the public. 

Notwithstanding the above, we do not claim any ownership interest in User Content. 

  1. Feedback for Experience Florida Car Rentals Services 

In addition to User Content, you may provide Experience Florida Car Rentals with questions, comments, suggestions, ideas, original or creative materials, or other information regarding Experience Florida Car Rentals or Experience Florida Car Rentals Services (collectively known as “Feedback”). You acknowledge and agree that any Feedback you provide shall become the exclusive property of Experience Florida Car Rentals. Experience Florida Car Rentals shall own all rights, including but not limited to, all intellectual property rights, in and to such Feedback. Experience Florida Car Rentals is entitled to unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. 

  1. Third-Party Sites 

We have not reviewed all the websites linked to Experience Florida Car Rentals Services and are not responsible for the contents of any third-party pages or other websites linked to our Services, nor for any products or services offered by third parties. Nothing in Experience Florida Car Rentals Services, including links to other websites, should be interpreted as an endorsement by Experience Florida Car Rentals of any products, services, or information provided by other companies or individuals. Your decision to access any other website through a link is made at your own risk, and you agree to comply with all terms and conditions relating to such websites. Experience Florida Car Rentals reserves the right to remove or decline to link to any particular website at any time. 

Links to third-party websites are provided solely for your convenience. Experience Florida Car Rentals does not own, operate, or endorse such linked websites and makes no representations or warranties concerning these linked websites or third-party products or services. Your access to and use of any third-party websites are at your sole discretion and risk. 

  1. Indemnification for Experience Florida Car Rentals Services 

You agree to indemnify, defend, and hold Experience Florida Car Rentals, its affiliates, and subsidiaries, their respective shareholders, members, directors, managers, officers, employees, agents, and contractors harmless from and against all losses, damages, liabilities, and costs, including reasonable attorneys’ fees (“Losses”), arising from any third-party claim, suit, action, or proceeding related to or resulting from your use of Experience Florida Car Rentals Services, any User Content you transmit through the Services, any Feedback you provide, your violation of these Terms, or any other act or omission by you, including any infringement of another’s rights, arising from your use of the Services. You acknowledge that Experience Florida Car Rentals may require you to defend it or other involved parties. Furthermore, Experience Florida Car Rentals retains control over the defense or settlement of any third-party claims unless it requires you to undertake the defense. This indemnity is in addition to, and not a substitute for, any other indemnities set forth in any written agreement between you and Experience Florida Car Rentals. 

  1. General Disclaimers 

Experience Florida Car Rentals Services and content are provided “as is,” “as available,” and “with all faults.” Experience Florida Car Rentals disclaims all warranties, express or implied, to the fullest extent permissible by law, regarding: ( 

A) the Services;  

(B) the Content;  

(C) User Content; and  

(D) security related to the transmission of information to/from the Services. This includes disclaiming warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration, and freedom from computer virus. 

Experience Florida Car Rentals does not warrant that the Services will be error-free or uninterrupted; that defects will be corrected; or that the Services or servers are free from harmful components like viruses. We do not guarantee the accuracy, completeness, or usefulness of any information on the Services. You acknowledge that your use of the Services is at your sole risk. 

Experience Florida Car Rentals specifically disclaims any warranties that your use of the Services is lawful in any particular jurisdiction. This disclaimer may not apply to you to the extent that a jurisdiction’s law applicable to you does not allow the disclaimer of certain warranties. 

By accessing or using the Services, you warrant that your activities are lawful in every jurisdiction where you access or use them. 

Experience Florida Car Rentals is not involved in third-party transactions between renters and third-party service providers. In any dispute arising from such transactions, each party releases Experience Florida Car Rentals (and its affiliates, shareholders, members, directors, managers, officers, employees, agents, and contractors) from all claims, demands, damages, costs, and expenses of every kind, known or unknown, related to such disputes. 

  1. Limitation of Liability; Waiver for Experience Florida Car Rentals Services 

The following limitations of liability are effective to the maximum extent permitted by law. Experience Florida Car Rentals shall not be liable for any indirect, special, incidental, or consequential damages of any kind, including but not limited to loss of revenue, income, profits, use, data, or diminution in value of assets, or for business interruption, arising from or in any way related to the access to or use of Experience Florida Car Rentals Services, User Content, links to third-party websites, or the use of any service or product related to these Terms. This includes damages arising from reliance on any information obtained from Experience Florida Car Rentals, or events beyond our reasonable control, regardless of the form of action, whether in contract, tort (including but not limited to negligence), or any other legal or equitable theory, even if advised of the possibility of such damages and regardless of whether the damages were foreseeable. 

To the fullest extent allowed by applicable law, in no event shall the maximum aggregate liability of Experience Florida Car Rentals arising out of or related to the Services exceed one hundred U.S. dollars (U.S. $100). These limitations apply even if your remedies under these Terms fail of their essential purpose and are Experience Florida Car Rentals’ sole liability and obligation in respect of such matters. 

If you are a resident of California, you waive your rights under California Civil Code 1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, that if known by him or her, would have materially affected his or her settlement with the debtor or released party.” 

  1.  Arbitration 

Please read the following carefully as it contains important information about resolving disputes between you and Experience Florida Car Rentals. 

You and Experience Florida Car Rentals agree that any dispute, claim, or controversy related to these Terms or the Services shall be resolved through binding arbitration, pursuant to the rules of the American Arbitration Association governing consumer disputes. Arbitration involves a neutral arbitrator instead of a judge or jury and allows for more limited discovery than in court, with the decision subject to limited review by courts. You have the right to be represented by an attorney of your choice at your own expense. Arbitrators can award the same damages and relief as a court. You and Experience Florida Car Rentals agree that any in-person arbitral hearing will occur in the state of Florida. 

By agreeing to these Terms, you also agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. You and Experience Florida Car Rentals waive the right to a trial by jury and/or to participate in a class action. This arbitration provision remains effective even if these Terms are terminated or your use of Experience Florida Car Rentals Services ends. Unless both you and Experience Florida Car Rentals agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims or preside over any form of a representative or class proceeding. 

If this arbitration provision is deemed unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator can only award declaratory or injunctive relief in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. 

  1. Class Action Waiver for Experience Florida Car Rentals Services 

You and Experience Florida Car Rentals agree that, irrespective of the forum, any claims brought against each other shall only be in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. 

  1. Termination 

Notwithstanding any provision in these Terms, Experience Florida Car Rentals reserves the right to terminate, with or without notice, your access to or use of the Experience Florida Car Rentals Services at any time and for any reason, at our sole discretion. You acknowledge and agree that Experience Florida Car Rentals shall not be liable to you in any way in the event of such termination. 

  1. Governing Law and Jurisdiction 

Experience Florida Car Rentals operates the Services from the state of Florida, US. These Terms and all transactions contemplated by them, including interpretation, construction, performance, and enforcement, shall be governed by the laws of the state of Florida, US, including its statutes of limitations, without regard to conflict or choice of law provisions. The International Convention on the Sale of Goods, and other international treaties that are not mandatory with respect to contracts made and entirely performed in Florida, shall not apply. 

  1. Notice 

All notices, demands, or consents provided by you under these Terms shall be in writing and deemed given when delivered to Experience Florida Car Rentals at the following contact: info@experiencefloridacarrentals.com 

Notices to you may be sent either via email or postal mail to the address in Experience Florida Car Rentals’ records or through postings on the Experience Florida Car Rentals Services. You agree that electronic communications from us shall satisfy any legal communication requirements, including the need for such communications to be in writing. In case persons with disabilities need assistance accessing these Terms, contact Experience Florida Car Rentals as provided in this Section, and we will provide the Terms in an alternative format based on individual needs. Reasonable requests will be accommodated. 

  1. Procedure for Making Claims of Copyright Infringement for Experience Florida Car Rentals Services 

If you believe in good faith that any content on Experience Florida Car Rentals Services infringes your copyright, please provide our copyright agent with the following written information:  

(a) an electronic or physical signature of the person authorized to act on behalf of the copyright owner;  

(b) a description of the copyrighted work that you claim has been infringed;  

(c) a description of where the infringing material is located on Experience Florida Car Rentals Services;  

(d) your address, telephone number, and email address;  

(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and  

(f) a statement by you, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

Experience Florida Car Rentals’ copyright agent for claims of copyright infringement can be contacted at the following address: 

4705 Lena Rd., Unit 103, 

Lakewood Ranch, FL 34211 

Info@experiencefloridacarrentals.com 

  1. Miscellaneous 

Should any term, clause, or provision of these Terms be deemed invalid or unenforceable, such term, clause, or provision shall be severed from these Terms and will not affect the validity or enforceability of any remaining portions of that term, clause, or provision, nor any other term, clause, or provision of these Terms. The Services provided by Experience Florida Car Rentals are hosted within the United States of America. If you are located outside of the United States and provide information to us, be aware that it will be transferred to the United States. By submitting information, you explicitly authorize this transfer. These Terms constitute the entire agreement between you and Experience Florida Car Rentals regarding your access to and use of the Services. These Terms and any rights granted herein cannot be transferred or assigned by you without the prior written consent of Experience Florida Car Rentals. Failure by Experience Florida Car Rentals to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term. These Terms are solely for the benefit of the parties and do not grant third-party beneficiary rights to any individual or entity, except as otherwise specified.