USE OF THE SITE
Alamo maintains the Site for your informational and non-commercial personal use. Your use of the Site for any other purpose is permissible only upon the express prior written consent of Alamo. Without limiting the foregoing, you may not: (1) use the Site in a commercial manner, including by distributing, transmitting or publishing the Site or any of its content; (2) interfere with others' use of the Site; (3) impair, in any manner, the Site's operation or functionality including, without limitation, transmitting or posting any software or other materials to this Site that contain 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, or interfere with or disrupt the servers or networks connected to it; (4) interfere with Alamo's rights, including its intellectual property rights, or rights of any third party; (5) frame or otherwise co-brand the Site or any of its content; (6) deep-link to any portion of the Site; (7) make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand; (8) post or transmit to or from the Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; or (9) use the Site for any illegal purpose. 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. In such event, We may inform your Internet service provider of your activities and take appropriate legal action.
SCRAPERS AND BOTS
Use of any robot, spider, site search, retrieval application or other manual or automatic device to retrieve, index, scrape, data mine or in any way gather or extract discount coupons or other content on or available through the Site or reproduce or circumvent the navigational structure or presentation on the Site without Alamo's express written consent is prohibited.
You further agree not decompile, reverse-engineer, disassemble, or attempt to derive the source code of any software or security components of the Site.
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.
LINKS TO OTHER SITES
The Site may include links to third-party websites. Alamo 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, review or approval of it. Further, the treatment of information collected by the operators of linked websites may be different from our treatment of information submitted on or collected through the Site. For details regarding such operators' treatment of information about users, you must review their privacy policies or terms and conditions of use or contact them for this information.
RESERVATIONS AND TRANSACTIONS
All reservations and transactions made through the Site are subject to Alamo's acceptance, which is in our sole discretion. Without limitation, this means that Alamo 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. Rental contracts between Alamo (and any of its affiliates and their respective franchisees) and website users are exclusively entered into at branch locations of Alamo and its affiliates and their respective franchisees and are not entered into through this Site.
Alamo provides specific discount coupons from time to time for the exclusive use of employees or members of specific entities with which Alamo has a contractual relationship. These entity-specific coupons and the proprietary codes affixed on them are our proprietary property and shall only be used by the employees or members of the specific entities for which the coupons apply, subject to and in accordance with any other terms and conditions applicable to such coupons. UNAUTHORIZED USE OR DUPLICATION OF ANY OF OUR ENTITY-SPECIFIC DISCOUNT COUPONS IS STRICTLY PROHIBITED.
By using the Site, you consent to receiving electronic communications and notices from Alamo. You agree that any notice, agreement, disclosure or other communications that We send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
All copyrightable text, graphics, sound, downloads, software (including source and binary code), and other materials, the selection, compilation, arrangement and presentation of all materials, and the overall design of the Site (collectively, the "Website Content") are owned by Vanguard Trademark Holdings USA LLC (“Vanguard”), its related entities or their respective licensors (where applicable) and are protected by law. All rights reserved. You may print a copy of the Website Content made available to you only for your own personal, non-commercial home use, provided that you do not remove any copyright, trademark or other proprietary notices from the Website Content. Any other use of the Website 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 Website Content of Vanguard and its related entities should be addressed to Intellectual Property Manager, Copyright Reprint Permission, 600 Corporate Park Drive, St. Louis, Missouri 63105 or email@example.com. Alamo does not warrant that your use of materials displayed on or linked to the Site will not infringe the rights of third parties.
ALAMO, the ALAMO logo, and DRIVE HAPPY are included in the family of trademarks and service marks owned by Vanguard (this is not an all-inclusive list of Vanguard’s trademarks and service marks). Trademarks and service marks designated with the ® symbol are registered with the U.S. Patent and Trademark Office and with numerous foreign countries. Other trademarks and service marks belonging to Vanguard may be designated with the "SM" or "TM" symbols. Our trademarks and service marks may not be used in connection with any product or service without our prior written permission. All other brands, trademarks and names not owned by Vanguard that appear on the Site are the property of their respective owners, who may or not be affiliated with, connected to or endorsed by Vanguard.
Alamo has a number of patents, including U.S. Patent Nos. 8,234,134, 8,271,309, 8,706,534, 8,862,486, and 8,862,488, and Canadian Patent No. CA 2,907,901, covering various aspects of this Site, and users are cautioned from copying, adopting, using or otherwise borrowing any techniques, menu operations, or other functional aspects or features as doing so may well result in liability for patent infringement.
CLAIMS OF COPYRIGHT INFRINGEMENT
If you in believe that materials posted on the Site violate your intellectual property rights, please contact Vanguard at Intellectual Property Manager, Intellectual Property Questions, 600 Corporate Park Drive, St. Louis, Missouri 63105; (314) 512-5000; or firstname.lastname@example.org. Please include: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other proprietary interest; (2) a description of the copyrighted work or other protected material that you claim has been infringed upon; (3) a description of where the material is located on the Site; (4) your address, telephone number and e-mail address; (5) your statement that you have a good faith belief that the disputed use is not authorized by the copyright or other interest owner, its agent or the law; (6) your statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or other interest owner or are authorized to act on the owner's behalf; and (7) for notices of copyright infringement under the Digital Millennium Copyright Act, any other information required by applicable law.
USE OF INFORMATION SUBMITTED
You acknowledge and agree that Your Content is non-confidential and non-proprietary.
While We use reasonable efforts to maintain the accuracy and reliability of the Site, We do not warrant or represent that it will always function or be error-free. We assume no responsibility or liability for errors or omissions on the Site or for problems with its operation. Your access and use of the Site and its content are at your own risk. Without limiting the foregoing, THE SITE AND ITS CONTENT ARE 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, so the above may not apply to you.
LIMITATION OF LIABILITY
Your sole remedy for dissatisfaction with this Site or its content is to stop using the Site and/or its content, as applicable.
IN NO EVENT SHALL ALAMO, ITS RELATED COMPANIES, AND EACH SUCH COMPANY'S DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (“COVERED PARTIES”) 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 OR ANY CONTENT PROVIDED BY THE SITE. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ONE OR ALL OF THE COVERED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
If, notwithstanding the above, one or more Covered Parties is found liable for any loss or damage relating to the use of the Site and its content, you agree that the cumulative liability shall in no event exceed the amounts paid by you for the services rendered by Alamo that are directly related to said liability.
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.
The foregoing limitation of liability is not applicable to residents of New Jersey. With respect to residents of New Jersey, Alamo, its related companies, and each such company’s directors, officers, employees and agents are not liable for any damages arising out of or in connection with your access, use or inability to use the Site, or any information provided by the Site, unless such damages are the result of our negligent or reckless acts or omissions or willful misconduct; and We are not, in any case, liable for indirect, incidental, special, consequential or punitive damages.
DISPUTE RESOLUTION – JURY TRIAL AND CLASS ACTION WAIVER; MANDATORY ARBITRATION
(3) Arbitration Costs: You will be responsible for your share of any arbitration fees (e.g., filing, administrative, etc.), but only up to the amount of filing fees you would incur if the claims were filed in court. Alamo will be responsible for all additional arbitration fees. You are responsible for all other costs/fees that you incur in arbitration, e.g., fees for attorneys, expert witnesses, etc. You will not be required to reimburse Alamo for any fees unless the arbitrator finds that the substance of your claim(s) or the relief sought is frivolous. If the arbitrator makes such a finding, AAA Rules will govern the payment of all fees, and Alamo may seek reasonable attorney’s fees. Alamo will pay all fees and costs it is required by law to pay.