Car Rental Express Limitation of Liability
The relationship between Express Internet Technologies Inc. and its client rental agencies listed on CarRentalExpress.com is that of a representative paid on a commission basis for the provision of a reservation generating service. Express Internet Technologies Inc. does not maintain a partnership or relationship of agency with any of its clients. Each client rental agency listed on CarRentalExpress.com operates with total independence from Express Internet Technologies Inc.
Express Internet Technologies Inc. will not be held liable for any loss, claim, damages, suits or expenses, including any and all legal expenses, of whatsoever kind, that may arise from the use of CarRentalExpress.com. And, in particular, any and all CarRentalExpress.com participants (including all renters, consumers and internet users) agree that Express Internet Technologies Inc. cannot be held liable for any loss, claim, damages suits or expenses, including any and all legal expenses, of whatsoever kind, that may arise, without limitation, out of the rental policies, the quality, safety or availability of rental vehicles, or the provision or refusal of rental services by any Express Internet Technologies Inc. client rental agencies.
All renters, consumers and internet users of any kind that participate in the use of CarRentalExpress.com for any purpose whatsoever, do so at their own risk and Express Internet Technologies Inc. hereby limits any and all liabilities for any loss, claim, damages, suits or expenses, including any and all legal expenses, of whatsoever kind, that are suffered as a result of, without limitation, any system malfunction or failure, mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, technical problems, delays in operation or transmission, or any failure of performance, including without limitation those that result from acts of God, communications failure, theft, destruction or unauthorized access to our records, programs or services (collectively known as 'failures'), whether or not such failures are the fault of Express Internet Technologies Inc., its partners, affiliates, or any of its client rental agencies.
In addition, Express Internet Technologies Inc. is not liable for any loss, claim, damages, suits or expenses, including any and all legal expenses, of whatsoever kind, that are suffered through the use of CarRentalExpress.com, resulting from circumstances that are beyond its control including, without limitation, acts of government, war, terrorism, natural disaster, interruption of power supplies, failure of sources of supply, market failure, interference by a third party or industrial dispute.
Notwithstanding the above, in the event that Express Internet Technologies Inc. is found liable to renters, consumers or internet users of any kind, for any matter arising out of or related to the use of CarRentalExpress.com, the amount of damages recoverable against Express Internet Technologies Inc. shall not include any indirect, incidental, consequential or punitive damages of any party, including third parties. In no event shall Express Internet Technologies Inc. be liable for an amount that exceeds the amount of commissions actually paid pursuant to the use of CarRentalExpress.com. The provisions of this section will survive the expiration or earlier termination of any agreement between Express Internet Technologies Inc. and any of its affiliates, partners, clients or CarRentalExpress.com participants, including all consumers, renters, and internet users of any kind.