Last updated: January 31, 2013
Welcome to the website of Ryder System, Inc. and its affiliates ("Ryder"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of Ryder.com, including any content, functionality and services offered on or through Ryder.com (the “Site”), whether as a guest or a registered user. Ryder owns and operates this website. By visiting, using and/or submitting information to the Site, you agree to be bound by the terms and conditions of these Terms of Use and Ryder's Privacy Policy (the “Privacy Policy”).
These Terms of Use contain disclaimers of warranties and liability. Please read the Terms of Use carefully before you start to use the Site. By using the Site, you accept and agree to be bound and abide by these Terms of Use. You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your ability to visit, use and/or submit information to the Site.
You represent that you have the capacity to be bound by these Terms of Use, or if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity. In order to determine your compliance with these Terms of Use, Ryder may monitor your access and use of the Site in accordance with Ryder’s Privacy Policy. If you do not wish to agree to these Terms of Use, you must not access or use the Site.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. Your continued use of this Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time as you use or access this Site so you can be aware of any changes, as they are binding on you.
The Site is Not Intended for Minors
The Site is intended to be accessed and used only by adults and is not directed to minors. As stated in Ryder’s Privacy Policy, Ryder does not knowingly collect personally identifiable information for anyone under the age of 13. You should not provide Ryder with any information regarding yourself if you are (or any other individual) under the age of 13.
Access and Use of the Site
Your right to access and use the Site is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Site for lawful purposes and pursuant to the terms and conditions of these Terms of Use and the Privacy Policy.
Your access and use of the Site may be interrupted, from time to time, for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Site or other actions that Ryder, in its sole discretion, may elect to take. Ryder reserves the right to suspend or discontinue the availability of the Site and/or any portion or feature of the Site at any time in its sole discretion and without prior notice.
Any action by you that, in Ryder's sole discretion: (i) violates the terms and conditions of these Terms of Use, the Privacy Policy, and/or any other agreement between you and Ryder; (ii) restricts, inhibits or prevents any access, use or enjoyment of the Site; or (iii) through the use of the Site, defames, abuses, harasses, offends or threatens, shall not be permitted, and may result in your loss of the right to access and use the Site. You shall not metatag, provide links to or frame the Site without Ryder’s prior express written permission.
Access and Use of Services on the Site
Subject to these Terms of Use and the Privacy Policy, Ryder may offer you various services on or through the Site (the “Services”). Below are terms and conditions governing the Services.
You Must Maintain the Integrity of Your Information. To use certain of the Services, you may be required to provide Ryder with information about you (“Your Information”). If you provide Your Information to Ryder then you agree to provide true, current, complete and accurate information, and not to misrepresent your identity. You also agree to keep Your Information current and to update Your Information if any of Your Information changes. Ryder’s collection, use and disclosure of Your Information is governed by these Terms of Use and Ryder’s Privacy Policy.
You Must Maintain the Security of Any Password Issued to You. If the Site requires you to create a password to use certain portions of the Site, then it is your sole responsibility to maintain the security of that password. You agree that Ryder shall not be liable for any loss that you may suffer as a result of the authorized or unauthorized use of your password by a third party. You shall not allow any person under the age of 18 to use any Service via your registration or password.
Product and Service Information, Availability and Use
The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. In addition, it is possible that certain items on the Site may be mispriced or unavailable, and Ryder may experience lags in uploading updates throughout the Site and in Ryder’s advertising on other websites.
The color you see on the Site may not match the product color, as the display of the color depends, in part, upon the monitor you are using, as well as inventory availability. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only.
Ryder cannot and does not guarantee the accuracy, completeness and reliability of information on the Site, including prices, product images, specifications, availability and services. The publication of any price does not guarantee that such price is available for the product or service at the time you seek to purchase it. Unless otherwise, stated prices do not include taxes, fees, transportation charges, licensing, surcharges, fuel charges or other ancillary, related or additional changes that may be related to the transaction. Ryder reserves the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. All descriptions, images, references, features, content, specifications, products, services, and prices on the Site are subject to change at any time without notice.
It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
Ryder’s Sites may be subject to additional terms and conditions or policies specific to a certain Site.
Errors on the Site
Prices and availability of products and services are subject to change without notice. Ryder reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Ryder will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with Ryder’s Return Policy.
Vehicle Rentals
Vehicles shown on the Site are for general illustration only. Vehicle availability may be limited. All vehicles and equipment selected in a reservation is subject to Ryder’s standard rental requirements and availability at time of pickup. Ryder reserves the right to substitute vehicles and equipment at the time of pickup.
A vehicle reservation only guarantees the rate once confirmed with a deposit, and shows a customer’s preferences for a pick-up location, drop-off location, time of rental, date of rental and equipment type. The pick-up location, drop-off location, time of rental and date of rental selected in a reservation is a preference only and, if a preference selected is not available, Ryder reserves the right to offer a customer alternatives.
Rates reserved online do not include applicable taxes, fees, surcharges, additional accessories, protection plans purchased at the time of rental, any required refundable deposit, or other applicable charges. Charges will be provided at the time of pick-up. Rates reserved and listed are only valid at the location specified, for 30 days from the date the reservation is made.
If you choose to pay for a rental with a credit card or debit card, you must present your credit card or debit card at the time of rental. You must also present two forms of current, valid identification from the individual signing the rental contract. Acceptable forms of identification include: a valid U.S. issued Driver’s License, State Issued Identification, Passport, Social Security Card, Vehicle Registrations, Phone Bill, Military ID, major credit card and paycheck or pay stub. One ID must be a valid U.S.-issued Driver’s License from all drivers of rental equipment.
Proof of insurance is required at the time of pick-up. If you are unable to provide proof of insurance and/or your insurance does not offer sufficient coverage for a vehicle, you will be required to select and purchase a Ryder protection coverage option prior to renting the vehicle.
Pricing Policy
Online prices and selection generally match those in Ryder’s stores, but may vary.
Termination of Use
Ryder may, in its sole discretion, terminate any account you may have on the Site at any time. You are personally liable for any orders that you place or charges that you incur prior to termination.
Vehicles, Products and Services
The Site in no way constitutes an offer for the sale of goods or to provide a service. Specifically, the Site does not constitute an offer to buy, sell, lease, rent, or maintain vehicles from Ryder or to provide any vehicle warranties, equipment, products or services of any kind.
Photographs of vehicles listed for sale are photographs of the actual vehicles unless otherwise provided (or disclosed); however, their color and general appearance may appear differently based on your monitor and color settings. For this reason, please contact the Ryder location where a vehicle is located to confirm the accuracy of the contents of the Site before you visit that location. In addition, prices, special offers, guarantees and warranties, if any, are subject to change without notice. Mileage listings are estimates and are not necessarily accurate odometer readings. Some vehicle information and vehicle pricing may be missing or inaccurate, and may be considered invalid and not honored, in Ryder’s sole discretion. Daily changes in inventory may result in the unavailability of certain vehicles listed for sale on the Site.
Any currency conversion herein is an estimate. When an exact currency conversion is required for the sale of a vehicle, such will be calculated based on the official currency conversion on the day a vehicle is sold.
User Generated Content
The Site may act as a venue, through its blogs and other forums (collectively, the "Blogs"), allowing the users of the Site to contribute information and make statements ("User Generated Content"). Ryder is not involved in the actual transmission of User Generated Content provided for in the Blogs. As a result, Ryder does not approve or endorse any User Generated Content in the Blogs, and you hereby acknowledge and agree that Ryder has no control over the quality, correctness, timeliness, safety, truth, accuracy or legality of any User Generated Content provided by you or any other person or entity in the Blogs. You may find User Generated Content posted in the Blogs by other users to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense, and do not rely solely on User Generated Content published in the Blogs. Without limiting the generality of the foregoing, and although Ryder does not regularly review User Generated Content provided for in the Blogs, Ryder reserves the right, but not the obligation, to remove or edit any User Generated Content in the Blogs.
Transmissions, Submissions and Postings to the Site
If you transmit, submit or post information to the Site that is not Federally trademarked and/or copyrighted, you automatically grant Ryder and its affiliates and assigns, the worldwide, fully-paid, royalty-free, exclusive right and license to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content (as defined below). Provided that you have obtained prior written permission from Ryder to transmit, submit or post information to the Site that is Federally trademarked and/or copyrighted, you automatically grant Ryder and its assigns the worldwide, fully-paid, royalty-free right to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content.
You shall not transmit, submit or post the following to the Site:
- Information that infringes Ryder’s or any third party’s copyright, patent, trademark, trade secret or other proprietary rights;
- Information that violates any law, statute, ordinance or regulation;
- Information that is trade libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to Ryder or third parties or that infringes on Ryder’s or any third party’s rights of publicity or privacy;
- Information that contains any viruses, worms, Trojan horses, trap doors, back doors, Easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- Information containing or constituting chain letters, mass mailings, political campaigning, or any form of “spam”;
- Information that is false, inaccurate or misleading;
- Commercial advertisements or solicitations without written permission from Ryder; or
- Federally Trademarked and/or Copyrighted information without written permission from Ryder.
Although Ryder does not regularly review your transmissions, submissions or postings, Ryder reserves the right (but not the obligation) to edit, refuse to post or remove your transmissions, submissions or postings. Pursuant to the Privacy Policy, Ryder may review transmissions, submissions or postings made by you to determine, in its sole discretion, your compliance with these Terms of Use.
You are solely responsible for all your transmissions, submissions or postings (i.e., your own User Generated Content) and the consequences of transmitting, submitting or posting them.
Ryder's Intellectual Property Rights
Ryder’s names, graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Ryder in the United States and/or other countries (collectively, the “Proprietary Marks”). You may not use the Proprietary Marks without the prior express written permission of Ryder, which permission may be withheld in Ryder's sole discretion. Ryder makes no proprietary claim to any third-party names, trademarks or service marks appearing on the Site. Any third-party names, trademarks, and service marks are property of their respective owners.
The information, advice, data, software and content viewable on, contained in, or downloadable from the Site (collectively, the "Content"), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons and renditions, are copyrighted by, or otherwise licensed to, Ryder or its Content suppliers. Ryder also owns a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content (the “Collective Work”). All software used on the Site (the “Software”) is the property of Ryder or its software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work or the Software.
You shall be solely responsible for any damage resulting from your infringement of Ryder's or any third party's intellectual property rights regarding the Trademarks, the Content, the Collective Work, the Software and/or any other harm incurred by Ryder or its affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of these Terms of Use.
Use of the Content
Ryder grants you a limited license to access, print, download or otherwise make personal use of the Content and the Collective Work in the form of: (i) one machine-readable copy; (ii) one backup copy; and (iii) one print copy, for your non-commercial use; provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of the Content and the Collective Work. You may not modify the Content or the Collective Work or utilize them for any commercial purpose or any other public display, performance, sale, or rental, decompile, reverse engineer, or disassemble the Content and the Collective Work, or transfer the Content or the Collective Work to another person or entity.
Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of the Content and the Collective Work as permitted by these Terms of Use, is permitted by you without the express prior written permission of Ryder, which permission may be withheld in Ryder's sole discretion.
You may not use any meta tags or any other “hidden text” utilizing Ryder’s name or trademarks without the express written permission of Ryder, which permission may be withheld in Ryder's sole discretion.
Access and Interference
You agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Site or any portion of the Site or for any other purpose, without Ryder’s express written permission which may be withheld in Ryder’s sole discretion. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in Ryder’s sole discretion an unreasonable or disproportionately large load on Ryder’s infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from the Site without the prior written permission of Ryder and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass Ryder’s robot exclusion headers or other measures Ryder may use to prevent or restrict access to the Site. Notwithstanding the foregoing, Ryder grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose and solely to the extent necessary for creating publicly available search indices of the materials on the Site, but not caches or archives of such materials. Ryder reserves the right to revoke these exceptions either generally or in specific cases. You shall not collect or harvest any personally identifiable information, including account names, from the Site. You shall not use any communication systems provided on the Site (such as Blogs or email) for any commercial or solicitation purposes. You shall not solicit for commercial purposes any users of the Site without Ryder’s express, written permission, which permission may be withheld in Ryder’s sole discretion.
Prohibited Uses
You may use the Site only for lawful purposes and in accordance with these Terms of Use. You may not use the Site: (1) in any way that violates any applicable federal, state, local or international law or regulation (including without limitation, any laws regarding export data or software to and from the US or other countries); (2) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (3) to transmit or procure or sent any advertising or promotional material including any junk mail, chain letter, spam or other solicitation; and (4) to impersonate Ryder or a Ryder employee or any user or any other person or entity.
You further agree not to: (1) use the Site in any manner that could disable, overburden, damage or impair the Site or interfere with any other party’s use of the Site; (2) use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent; (3) use any device, software or routine that interferes with the proper working of the Site; (4) introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; or (5) attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
Electronic Communications
When you visit the Site or send email to Ryder, you are communicating with Ryder electronically. You consent to receive communications from Ryder electronically. Although Ryder may choose to communicate with you by regular mail, Ryder may also choose to communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that Ryder provides to you electronically satisfy any legal requirement that such communications be in writing.
Responsibility for Equipment and Related Costs
You are responsible for obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use the Site, and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of the Site.
Third Party Links
There may be provided on the Site links to other websites belonging to Ryder’s advertisers, business partners, affiliates, and other third parties. Such links do not constitute an endorsement by Ryder of those websites, nor the products or services listed on those websites. Ryder is not responsible for the activities or policies of those websites. Ryder does not endorse or recommend the products or services of any particular advertiser, business partner, affiliate or other third party. Ryder does not guarantee that the terms, prices or rates offered by any particular advertiser, business partner, affiliate, or other third party on the Site are the best terms, best prices or lowest rates available in the market. You acknowledge and agree that these third parties are solely responsible for any products or services they may provide to you and that Ryder shall not be liable for any losses, costs, damages or claims in connection with, arising from or related to your use of a third party’s products or services.
Mobile Devices
For aspects of the Site accessible via an application for your mobile or other device, please be aware that your carrier’s normal rates and fees may apply and that the terms of these Terms of Use and other agreements within the application apply to your use of such mobile application.
Copyright Infringement
It is Ryder’s policy to comply with the Digital Millennium Copyright Act, title 17, United States Code, Section 512, including, without limitation, responding to notices of alleged copyright infringement, and other applicable intellectual property laws. Ryder shall in appropriate circumstances disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Ryder and/or others.
Notifications (each a “Notification”) of claimed copyright infringement should be sent by either express mail or U.S. mail to Ryder’s designated agent. Ryder’s designated agent contact information is set forth below:
Address of designated agent to which Notification should be sent:
Ryder System, Inc.
11690 N.W. 105th Street
Miami, Florida 33178
Attention: Corporate Communications Department
Facsimile number of designated agent: 305.500.3203
Pursuant to Title 17, United States Code, Section 512(c)(3), to be effective, the Notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner (“Complaining Party”) of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Ryder to locate the material;
- Information reasonably sufficient to permit Ryder to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the Complaining Party may be contacted;
- 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
- 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.
Upon receipt of the Notification containing the information as outlined in 1 through 6 above, and pursuant to Title 17, United States Code, Section 512:
- Ryder will remove or disable access to the material that is alleged to be infringing;
- Ryder will forward the Notification to the alleged infringer ("Subscriber"); and
- Ryder will take reasonable steps to promptly notify the Subscriber that Ryder has removed or disabled access to the material.
Counter Notification:
Pursuant to Title 17, United States Code, Section 512(g)(3), a Subscriber may counter a Notification by providing a written communication (“Counter Notification”) to Ryder 's designated agent that includes substantially the following:
- A physical or electronic signature of the Subscriber;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which Ryder may be found, and that the Subscriber will accept service of process from the person who provided the Counter Notification or an agent of such person
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, and pursuant to Title 17, United States Code, Section 512:
- Ryder will promptly provide the Complaining Party with a copy of the Counter Notification;
- Ryder will inform the Complaining Party that Ryder will replace the removed material or cease disabling access to the removed material within ten (10) business days; and
- Ryder will replace the removed material or cease disabling access to the removed material not less than ten (10), nor more than fourteen (14) business days following receipt of the Counter Notification, provided Ryder’s designated agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain the Subscriber from engaging in infringing activity relating to the removed material on Ryder’s network or system.
Ryder Makes No Representations or Warranties Regarding the Content
THE SITE AND ALL CONTENT, SERVICES AND PRODUCTS ASSOCIATED WITH THE SITE ARE PROVIDED TO YOU ON AN "AS-IS" AND “AS AVAILABLE” BASIS. RYDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR ASSOCIATED WITH THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND ALL PRODUCTS AND SERVICES INCLUDED ON OR ASSOCIATED WITH THE SITE IS AT YOUR SOLE RISK.
CERTAIN THIRD-PARTY PROVIDERS OF PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT WARRANTIES.
The Site is controlled and offered by Ryder from Ryder’s facilities in the United States of America. Ryder makes no representations that the Site is appropriate or available for use in other jurisdictions. If you access or use the Site from other jurisdictions, then you do so by your own volition and are solely responsible for compliance with local law.
Limitations on Ryder's Liability
RYDER SHALL IN NO EVENT BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY COST, EXPENSE, LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE; (II) YOUR ACCESS AND USE OF THE SITE; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE THE SITE FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF THE CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; (V) YOUR RELIANCE UPON OR USE OF THE CONTENT OR THE COLLECTIVE WORK, OR (VI) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF RYDER AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THESE TERMS OF USE.
YOU SPECIFICALLY ACKNOWLEDGE THAT RYDER SHALL NOT BE LIABLE FOR USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH USER GENERATED CONTENT AND THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU.
YOU AND RYDER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
Indemnification of Ryder
You shall defend, indemnify and hold harmless Ryder and its officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys' fees, arising out of, or attributable to: (i) any breach or violation of these Terms of Use by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested or required by Ryder; (iii) your access or use of the Site; (iv) access or use of the Site under any password that may be issued to you; (v) your transmissions, submissions or postings (i.e., your own User Generated Content); and/or (vi) any personal injury or property damage caused by you.
Ryder's Remedies
You acknowledge that Ryder may be irreparably damaged if these Terms of Use is not specifically enforced, and damages at law may be an inadequate remedy. Therefore, in the event of such a breach or threatened breach of any provision of these Terms of Use by you, Ryder shall be entitled, in addition to all other rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or Ryder shall be entitled to a decree for specific performance of the provisions of these Terms of Use.
You agree that any action or proceeding under these Terms of Use shall be brought in the courts of record of Miami-Dade County, Florida, or the United States District Court, Southern District of Florida. You consent to the jurisdiction of such courts and waive any objection to the laying of venue of any action or proceeding in such courts. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
Miscellaneous
If any portion of these Terms of Use is deemed unlawful, void or unenforceable by any court of competent jurisdiction, these Terms of Use as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms of Use that is unlawful, void or unenforceable shall be stricken from these Terms of Use.
The headings contained in these Terms of Use are for convenience of reference only, are not to be considered a part of these Terms of Use, and shall not limit or otherwise affect in any way the meaning or interpretation of these Terms of Use.
All covenants, agreements, and representations made in these Terms of Use, as may be amended by Ryder from time to time, shall survive your acceptance of these Terms of Use and the termination of these Terms of Use.
These Terms of Use and the Privacy Policy represent the entire understanding and agreement between you and Ryder regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same. To the extent that these Terms of Use conflicts with the terms of any vehicle rental, vehicle purchase, vehicle lease, maintenance service, vehicle warranty, or other agreements entered into by and between you and Ryder in connection with your purchase of goods or services, then the terms of such agreements shall prevail. These Terms of Use
Certain Ryder Sites may be subject to additional terms and conditions or policies specific to a certain Site. To the extent that these Terms of Use conflicts with such terms and conditions or policies, then such shall prevail.