TERMS & CONDITIONS

DEFINITIONS

As used in this Agreement, the terms “Sixt”, “we”, and “us” mean Sixt rent a car, LLC. The term “you” and “your” refers to the individual accessing this website as representative, agent, or employee of a licensed vehicle dealership who has authority to bind such dealership to vehicle purchases. The term “website” refers to www.sixtdirect.com.

BINDING AGREEMENT

We offer this website and the services and products offered herein, subject to the following terms and conditions (the “terms and conditions” or the “Agreement”). By using this website, you accept these terms and conditions and agree that the same will apply to and shall be enforceable for any transactions you enter into through this website. We may, at any time, at our sole discretion, update and revise this Agreement. Any changes that we make to this Agreement will be effective immediately upon posting. Please check this page periodically for changes to the Agreement.

YOUR ACCOUNT

Use of some functions of this website may require you to supply certain information to Sixt and/or create an account. If you provide such information, you agree to (a) provide accurate, current, and complete information about yourself, and (b) maintain and update your information to keep it accurate, current, and complete. 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 agree not to transfer or resell your use of or access to this website to any third party. YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. While using this website, you agree to comply with all applicable laws, rules, and regulations. We reserve the right to immediately terminate your account and access to and use of this website or any portion thereof, at any time and for any reason, with or without cause.

SERVICES

Through this account you will be able to view certain vehicles for sale which were previously used as rental vehicles. If you would like additional information on any of the vehicles posted, you may call the number indicated on the vehicle display page or you may select the “request more information” option. If you would like to offer to purchase the vehicle, you may select the “buy it now” option. Selecting this option will not complete the sale. Sixt will receive your offer and contact you with further instructions. If Sixt in its sole discretion accepts your offer, you may execute of a bill of sale, which may contain additional terms. If there are any conflicts between the terms of the bill of sale and these terms and conditions, these terms and conditions shall control. Title to the vehicle will not be transferred until payment is received. The transaction shall be complete upon the transfer of title by us to you. Risk of loss to the vehicle shall transfer to you upon your pick up of the vehicle which shall be evidenced by a gate pass or similar documentation.

CHOICE OF LAW

For the avoidance of any doubt, all sales of vehicles are facilitated from the state of Florida. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida in the United States without regard to the conflicts of law provision. You hereby agree that any disputes relating to this Agreement or this website, and the purchases made thereby shall be heard by the court of competent jurisdiction in Broward County, Florida. 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.

DISCLAIMERS

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE PROVIDE THIS WEBSITE AND ANY PRODUCT OBTAINED THROUGH OR IN CONNECTION WITH THIS WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, EITHER EXPRESS OR IMPLIED, UNLESS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN AGREEMENT WITH US.

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 OR ANY PURCHASES MADE THEREBY.

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; (b) your use of this website and engagement in transactions on this website and (c) any claims relating to or arising from damage to the vehicle once the risk of loss for such vehicle has transferred to you.