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Privacy Policy
Protecting your private information is our priority. This Statement of Privacy applies to www.fastwificompany.com and Fastwifi Company, LLC and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to Fastwifi Company, LLC include www.fastwificompany.com and Fastwifi. The Fastwifi website is a ecommerce & charity information site. By using the Fastwifi website, you consent to the data practices described in this statement.
Collection of your Personal Information
Fastwifi may also collect anonymous demographic information, which is not unique to you, such as your:
Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through Fastwifi's public message boards, this information may be collected and used by others.
We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services available on the Site. These may include: (a) registering for an account on our Site; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services on our Site. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.
Use of your Personal Information
Fastwifi collects and uses your personal information to operate its website(s) and deliver the services you have requested.
Fastwifi may also use your personally identifiable information to inform you of other products or services available from Fastwifi and its affiliates.
Sharing Information with Third Parties
Fastwifi does not sell, rent or lease its customer lists to third parties.
Fastwifi may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is transferred to the third party. Fastwifi may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Fastwifi, and they are required to maintain the confidentiality of your information.
Fastwifi may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Fastwifi or the site; (b) protect and defend the rights or property of Fastwifi; and/or (c) act under exigent circumstances to protect the personal safety of users of Fastwifi, or the public.
Tracking User Behavior
Fastwifi may keep track of the websites and pages our users visit within Fastwifi, in order to determine what Fastwifi services are the most popular. This data is used to deliver customized content and advertising within Fastwifi to customers whose behavior indicates that they are interested in a particular subject area.
Automatically Collected Information
Information about your computer hardware and software may be automatically collected by Fastwifi. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Fastwifi website.
Use of Cookies
The Fastwifi website may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Fastwifi pages, or register with Fastwifi site or services, a cookie helps Fastwifi to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Fastwifi website, the information you previously provided can be retrieved, so you can easily use the Fastwifi features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Fastwifi services or websites you visit.
Children Under Thirteen
Fastwifi does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
Opt-Out & Unsubscribe from Third Party Communications
We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from third-party partners of Fastwifi by contacting us here:
- Web page: _________________
- Email: hello@fastwificompany.com
- Phone: 3043051850
E-mail Communications
From time to time, Fastwifi may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. In order to improve our Services, we may receive a notification when you open an email from Fastwifi or click on a link therein.
If you would like to stop receiving marketing or promotional communications via email from Fastwifi, you may opt out of such communications by Customers may unsubscribe from emails by "replying STOP" or "clicking on the UNSUBSCRIBE button.".
External Data Storage Sites
We may store your data on servers provided by third party hosting vendors with whom we have contracted.
Changes to this Statement
Fastwifi reserves the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our site, and/or by updating any privacy information on this page. Your continued use of the Site and/or Services available through this Site after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy.
Contact Information
Fastwifi welcomes your questions or comments regarding this Statement of Privacy. If you believe that Fastwifi has not adhered to this Statement, please contact Fastwifi at:
Fastwifi Company, LLC
1604 Virginia Avenue
Dunbar, WV 25064
Email Address:
Telephone number:
3048072571
Effective as of January 01, 2019
FastWiFi Rent-A-Car
Website or Mobile App Terms of Use
Last Updated: November 17th, 2023
INTRODUCTION
FastWifi Rent-A-Car, LLC (FastWifi or We) provides this Website or Mobile App ("Site") for your use, subject to these Terms of Use and all applicable laws and regulations. Please read these Terms of Use carefully. By accessing and/or using the Site, you fully and unconditionally accept and agree to be bound by these Terms of Use, including binding arbitration. If you do not agree to these Terms of Use, please do not visit or use the Site. FastWifi reserves the right to revise these Terms of Use, so please check back periodically for changes. Your continued use of the Site following the posting of any changes to these Terms of Use constitutes your acceptance of those changes. All changes are effective immediately when We post them, and apply to use of the Site thereafter.
USE OF THE SITE
FastWiFi 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 FastWiFi. 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 the Site's operation or interfere with or disrupt the servers or networks connected to it; (4) interfere with FastWiFi's intellectual property rights; (5) frame or otherwise co-brand the Site or any of its content; (6) deep-link to any portion of the Site; or (7) 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.
SITE MODIFICATIONS
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 WEBSITES OR MOBILE APPS
The Site may include links to third-party websites or mobile apps. FastWiFi does not control and is not responsible for the content or privacy policies of any linked website or mobile app, and the inclusion of any link on the Site does not imply our endorsement of it.
RESERVATIONS AND TRANSACTIONS
All reservations and transactions made through the Site are subject to FastWiFi's acceptance, which is in our sole discretion. Without limitation, this means that FastWiFi 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 FastWiFi and website users are exclusively entered into at branch locations of FastWiFi and its affiliates and their respective Locations and are not entered into through this Site.
COUPONS
FastWiFi provides specific discount coupons from time to time for the exclusive use of employees or members of specific entities with which FastWiFi has a contractual relationship. These entity-specific coupons and the proprietary codes affixed on them are our proprietary property and may only be used by the employees or members of the specific entities for which the coupons apply. UNAUTHORIZED USE OR DUPLICATION OF ANY OF OUR ENTITY-SPECIFIC DISCOUNT COUPONS IS STRICTLY PROHIBITED.
ELECTRONIC COMMUNICATIONS
By using the Site, you consent to receiving electronic communications and notices from FastWiFi. 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.
INTELLECTUAL PROPERTY
All copyrightable text, graphics, sound, downloads, software, including source and binary code, and other material (collectively, the "Content"), the selection, compilation, arrangement and presentation of all materials, and the overall design of the Site are copyrighted by FastWiFi, or are licensed to FastWiFi and are protected by law. All rights reserved. You may print a copy of the Content on your computer only for your own personal, non-commercial home use, provided that you do not remove any copyright, trademark or other proprietary notices from the Content. Any other use of the 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 partners and 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 Content should be addressed to Property Manager, 1604 Virginia Avenue Dunbar, WV 25064 or hello@fastwificompany.com. FastWiFi does not warrant that your use of materials displayed on or linked to the Site will not infringe the rights of third parties.
FastWiFi, the logo, www.fastwificompany.com, fastwificompany.com, are included in the family of trademarks and service marks owned by FastWiFi (this is not an all-inclusive list of FastWiFi'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 FastWiFi 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 FastWiFi that appear on the Site are the property of their respective owners, who may or not be affiliated with, connected to or endorsed by FastWiFi.
Enterprise may have a number of pending patent applications, both US and foreign, 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 believe that materials posted on the Site violate your intellectual property rights, please contact FastWiFi at 1604 Virginia Avenue, Dunbar, WV 25064 or hello@fastwificompany.com. 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; and (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.
PRIVACY POLICY AND USE OF INFORMATION SUBMITTED
Any information submitted on or collected through the Site is subject to our Privacy Policy, the terms of which are incorporated into these Terms of Use.
You agree that FastWiFi is free to use any comments, information or ideas contained in any communication you may send to us, without compensation, acknowledgement or payment to you, for any purpose whatsoever, including, but not limited to, developing, providing and marketing products and services and creating, modifying or improving the Site or other products or services.
PASSWORD SECURITY
If you have a user name and/or password for access to non-public areas of the Site, you are solely responsible for maintaining the confidentiality and use of the user name and/or password. Further, you are responsible for all activities that occur in connection with your user name and/or password. You alone are responsible for all transactions initiated, messages posted, statements made, or acts or omissions that occur within the Site through the use of your user name and/or password. You agree to notify us immediately of any unauthorized access to or use of your user name and/or password or any other breach of security.
NO WARRANTY
While We use our 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 are at your own risk. Without limiting the foregoing, THE SITE, ITS CONTENT AND ANY PRODUCT OR SERVICE OFFERED THROUGH IT 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
IN NO EVENT SHALL FASTWIFI, ITS RELATED COMPANIES, AND EACH SUCH COMPANY'S DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS 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, ANY INFORMATION PROVIDED BY THE SITE OR ANY TRANSACTION ENTERED INTO THROUGH THE SITE. 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, FastWiFi, its related companies, and each such company's directors, officers, employees and agent are not liable for any damages unless such damages are the result of our negligent or reckless acts or omissions; and We are not, in any case liable for indirect, incidental, special, consequential or punitive damages.
INDEMNITY
You agree to indemnify and hold FastWiFi and its related companies and each of their respective directors, officers, employees and agents harmless from and against any third-party claim or cause of action, including reasonable attorneys' fees and costs, arising, directly or indirectly, in whole or in part, out of your access or use of the Site or your violation of any law or the rights of any person.
BINDING ARBITRATION
You agree that any controversy or claim arising out of or relating to the Site or use of the Site or these Terms of Use, other than claims relating to infringement of copyright or other intellectual property, may only be settled by binding arbitration in accordance with this arbitration provision or alternatively, you may assert your claims in small claims court if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The arbitration must be held in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by the parties, in accordance with the applicable procedural rules set forth in the then prevailing Comprehensive Arbitration Rules and Procedures of JAMS ("JAMS Rules and Procedures"), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The JAMS Rules and Procedures are available at www.jamsadr.com or by calling (800) 352-5267. The arbitrator must be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply West Virginia law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. If you initiate arbitration against FastWiFi, you will not be responsible for professional fees for the arbitrator's services or any other JAMS fees. If you are able to demonstrate that the costs of arbitration will be cost-prohibitive or greater than the costs of litigation, FastWiFi will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive or more expensive than the cost of litigation. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision remains in effect and must be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision is null and void, and neither you nor FastWiFi is entitled to arbitrate their dispute. THE ARBITRATION OF DISPUTES PURSUANT TO THIS SECTION MUST BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.
BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION.
DISPUTES
These Terms of Use are governed by and construed in accordance with the laws of the State of West Virginia, United States of America, without regard to its conflict of law principles. Any action to enforce these Terms of Use regarding a claim not subject to binding arbitration must be brought in the federal court in the District of West Virginia or the state courts located in Kanawha County, West VIRGINIA. By using the Site, you consent to the jurisdiction and venue of these courts. Except where prohibited, you agree that any and all disputes, claims and causes of action directly or indirectly arising out of or relating to the Site must be resolved individually, without resort to any form of class action. This limitation does not apply to residents of New Jersey. Any claim or cause of action you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises, regardless of any law to the contrary. This limitation does not apply to residents of New Jersey.
GENERAL
If any provision of these Terms of Use is held to be invalid or unenforceable, that provision must be construed consistent with applicable law, and the remaining provisions must be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope of such section. Our failure to enforce any provision of these Terms of Use shall not constitute a waiver of that or any other provision. These Terms of Use set forth the entire agreement between you and FastWiFi in connection with your use of the Site.
CONTACT US
If you have any questions about these Terms of Use, please contact us at hello@fastwificompany.com.
RENTAL AGREEMENT TERMS AND CONDITIONS
THESE TERMS AND CONDITIONS, THE RENTAL RECORD SIGNED BY YOU AND ANY OTHER DOCUMENTS WHICH YOU ARE REQUIRED TO SIGN WHEN YOU RENT THE CAR, AND WHICH MAY BE SIGNED ELECTRONICALLY, WHICH BOTH YOU AND FASTWIFI AGREE SHALL BE TREATED AS ORIGINAL, TOGETHER CONSTITUTE THE AGREEMENT (“THIS AGREEMENT link”) FOR THE RENTAL OF THE VEHICLE IDENTIFIED ON THE RENTAL RECORD, INCLUDING ALL OF ITS PARTS (“CAR”). THIS AGREEMENT IS BETWEEN THE PERSON IDENTIFIED AS THE RENTER OR AN AUTHORIZED OPERATOR (AS DEFINED BELOW) IN THIS AGREEMENT (“YOU”) AND THE [COMPANY], WHICH IS IDENTIFIED ON THE RENTAL RECORD (“FASTWIFI”). 1. Nature of this Agreement You are obtaining solely a bailment that allows You to use the Car as permitted by this Agreement. You acknowledge that the Car is owned by FastWiFi and/or its subsidiaries. No one other than FastWiFi may transfer the Car or any rights or obligations under this Agreement. Any attempted transfer or sublease of the Car by anyone other than FastWiFi is void. Neither You nor any Authorized Operators are agents of FastWiFi. No one may service or repair the Car without FastWiFi’s prior express approval. FastWiFi MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR THAT THE CAR IS FIT FOR ANY PARTICULAR PURPOSE. 2. Who May Operate the Car Only You and, with Your permission, the following persons (“Authorized Operators”), may operate the Car: (a) For rentals commencing in the states of CA and IA, Your spouse and Your employer, employees and fellow employees incidental to their business duties; (b) for rentals (“Replacement Rentals”) which are designated as replacement rentals on the Rental Record, any person specifically named as an insured on Your automobile policy; and (c) any other person who meets FastWiFi’s qualifications and who signs an Additional Authorized Operator form at the time of rental. Except as provided in the following sentence, all Authorized Operators must be at least 21 years old and have a valid driver’s license from a jurisdiction acceptable to FastWiFi. Charges for Authorized Operators under 25 may apply. Except to the extent necessary for valet parking or in an emergency as permitted by law, no other persons are permitted to operate the Car; for purposes hereof, an “emergency” shall mean urgent circumstances under the laws of the jurisdiction in which the alleged emergency occurred. With respect to persons who must sign an Additional Authorized Operator form, other qualifications may, at FastWiFi’s discretion, be in effect at the time and place of rental; and, where permitted by law, FastWiFi may impose an additional fee for such persons. By operating the Car (whether or not an Additional Authorized Operator form is completed), an Authorized Operator will be deemed jointly and severally responsible for Your obligations under this Agreement related to the Car, as well as for any obligations that this Agreement directly imposes on an Authorized Operator of the Car (for example: the obligations contained in paragraph 9). 3. Return (a) Ordinary wear due to reasonable use excepted, You must return the Car to FastWiFi in the same condition it is in when You receive it. You must return the Car to FastWiFi by the due date specified on the rental record, or sooner if demanded by FastWiFi. A return change fee will apply to any change in Your scheduled return date, time or location if You fail to notify FastWiFi within 12 hours of Your scheduled return time. The Car will remain subject to these terms and conditions until FastWiFi has inspected and accepted it; if You return the Car after hours: (i) You are responsible for any damage to the Car until FastWiFi has inspected and accepted it on the next day that the return location is open for business, and (ii) time charges, charges for any optional insurance coverages selected, and any charges for additional services or other charges which are stated on the rental record as a periodic rate, may continue to accrue until the return location reopens for business. If You do not return the Car when required by this agreement, then after FastWiFi sends You a written demand to return it, sent to Your address shown in Your enrollment or otherwise provided to FastWiFi, FastWiFi may remotely disable operation of the Car and, at Your expense, recover the Car where and when it is found. If the Car is found illegally parked or apparently abandoned, or if the Car is used or obtained as prohibited under paragraph 5 of this Agreement, then FastWiFi may recover the Car without demand. To the extent permitted by law, You waive any right to a hearing or to receive any notice or legal process as a pre-condition for FastWiFi remotely disabling operation of the Car and recovering the Car. Failure to return the Car in accordance with the terms of this agreement may result in a criminal penalty. You expressly consent and agree that FastWiFi may use electronic or verbal means to contact You. You agree that FastWiFi may use any email address or telephone number You provide to contact You, including manual calling, voice messages, text messages, emails or automatic telephone dialing systems. The Car may be equipped with global positioning technology or other telematics systems and a transmitter that allows FastWiFi to track or otherwise locate the Car and privacy is not guaranteed. Information collected by any such technology or telematics is governed by FastWiFi’s privacy policy. You acknowledge that the data derived from the in-Car telematics and other devices may contain personal information and You authorize FastWiFi to share that data with the device manufacturer, the original equipment manufacturer and its affiliates (collectively, “OEM”), service providers, and other third parties to whom FastWiFi or OEM grants access. To the extent permitted by law, You authorize FastWiFi,’ the OEM and any third-party service provider’s use of the technology included in the Car, including to track the location of the Car, to disable the Car and to assist in the repossession of the Car. It is Your responsibility to delete any Bluetooth synced data from the Car upon Your return. You acknowledge and agree that, to the extent permitted by applicable law, FastWiFi, the OEM and any third-party service provider may collect, process, charge on the basis of, add to Your customer profile and take disciplinary action on the basis of the data derived from in-Car telematics and other devices and gauges. Actions may include suspension or termination of Your ability to continue to rent Cars from FastWiFi or its affiliates. (b) The Car may have telematics, tracking, and related services in which case, You understand that Your access and use of the Car or the services are subject to the Car, service provider’s or device manufacturer’s terms and privacy statement, which may include other terms, service limitations, warranty exclusions, limitations of liability, wireless service provider terms and privacy practices. (c) Upon return, if the Car requires more than FastWiFi’s standard cleaning on its return, FastWiFi may charge You for the actual costs incurred by FastWiFi to have the Car cleaned. (d) In California: electronic service technology included in the Car may be activated if the Car is not returned within 72 hours after the contracted return date or extension of the return date. (e) For rentals commencing in Arizona, it is required by law that You acknowledge Your understanding that it will be a violation of Arizona Statutes 131806 if the Car is not returned within 72 hours of the due date and time specified on the rental record and that You shall be subject to a maximum penalty not to exceed us$150,000 and/or imprisonment of 2.25 years. By renting a Car under this agreement, You acknowledge that You have received and understand this notice. (f) For rentals in the District of Columbia, it is required by law that You be notified that if You fail to return the Car in accordance with this Agreement, it may result in a criminal penalty of up to 3 years in jail. 4. Your Responsibility For Loss of or Damage To The Car And Optional Loss Damage Waiver (a) Except as stated below, You are responsible for any and all loss of or damage to the Car resulting from any cause including but not limited to collision, rollover, theft, vandalism, seizure, fire, flood, hail or other acts of nature or god regardless of fault. (b) Except as stated below, Your responsibility will not exceed the greater of the retail fair market value of the Car and its manufacturer buyback program value at the time the Car is lost or damaged, less its salvage value, plus actual towing, storage and impound fees, diminution of value of the Car as determined by FastWiFi, an administrative charge and a charge for loss of use, regardless of fleet utilization. As more generally provided in paragraph 6, FastWiFi may, where permitted under applicable law, process one or more vouchers or payment slips against Your credit, charge or debit Card for these losses, costs and charges, together with any other applicable charges, at or following the completion of the rental. (c) Your responsibility for damage due to theft or otherwise is limited by law in certain jurisdictions. As of June 1, 2020, the following limitations exist. Should the laws imposing these regulations be repealed, the provisions of subparagraphs 4(a) and 4(b) shall apply without such limitations. (i) For rentals commencing in California: (A) You are only responsible for loss of or damage to the Car resulting from collision, rollover, theft or vandalism, (B) Your responsibility for loss or damage to the Car will in no event exceed the fair market value of the Car at the time it is lost or damaged, plus actual charges for towing, storage and impound fees, and an administrative charge, (C) Your responsibility for loss of or damage to the Car resulting from vandalism unrelated to the theft of the Car will not exceed US$500 and (D) You are not responsible for loss of or damage to the Car resulting from theft unless it results from a failure to exercise ordinary Care by You or any Authorized Operator. (ii) For rentals commencing in Illinois, for a Car with an MSRP of $50,000 or less, Your responsibility for loss or damage due to causes other than theft will not exceed $19, -500 through May 31, 2021, which limit will increase by $500 per year starting June 1, 2021; and Your responsibility for theft will not exceed $2,000 unless it is established that You or an Authorized Operator failed to exercise ordinary Care while in possession of the Car or committed or aided in the commission of the theft. For a Car with an MSRP of more than $50,000, Your responsibility for loss or damage due to causes other than theft, and for theft, will not exceed $50,000 through September 30, 2020, which limit will increase by $1,000 per year starting October 1, 2020. (iii) For rentals in Indiana, You will be responsible for no more than: (A) loss or damage to the Car up to its fair market value resulting from the collision, theft or vandalism, (B) loss of use of the Car, if You are liable for damage, (C) actual charges for towing, storage, and impound fees paid by FastWiFi, if You are liable for the damage, and (D) an administrative charge. (iv) For rentals in Nevada: (A) Your responsibility for loss or damage to the Car will not exceed the fair market value of the Car at the time the Car is lost or damaged plus actual towing, storage and impound fees, an administrative charge and a reasonable charge for loss of use, regardless of fleet utilization; (B) Your responsibility for damage to the Car and loss of use of the Car resulting from vandalism not related to the theft of the Car and not caused by You will not exceed $2500; and (C) You are not responsible for loss of or damage to the Car resulting from theft or vandalism related to the theft if You have possession of the ignition key or You establish that the ignition key was not in the Car at the time of the theft, You file an official report of the theft with the police within 24 hours of learning of the theft and You cooperate with FastWiFi and the police in providing information regarding the theft, and neither You nor an Authorized Operator committed or aided and abetted the commission of the theft. (v) For rentals commencing in New York: (A) This Agreement offers, for an additional charge, optional vehicle protection to cover Your financial responsibility for damage or loss to the Car. The purchase of optional vehicle protection is optional and may be declined. You are advised to Carefully consider whether to purchase this protection if You have rental vehicle collision coverage provided by Your credit Card or automobile insurance policy. Before deciding whether to purchase optional vehicle protection, You may wish to determine whether Your credit Card or Your vehicle insurance affords You coverage for damage to the Car and the amount of deductible under such coverage. (B) (1) Your responsibility for loss or damage to the Car will not exceed the lesser of (a) the actual and reasonable costs incurred by FastWiFi to repair the Car or which FastWiFi would have incurred if the Car was repaired, which shall reflect any discounts, price reductions or adjustments available to FastWiFi; or (b) the fair market value of the Car at the time the Car is lost or damaged, less any net disposal proceeds. “actual and reasonable costs” means the repair price reduced by all discounts paid by FastWiFi to the repairer of the Car, including costs for towing, storage and impound fees. (2) You will not be responsible for damages incurred by FastWiFi for the loss of use of the Car, related administrative charges, or amounts that FastWiFi recovers from any other party. (3) You are not responsible for mechanical damage unrelated to an accident or that could reasonably be expected from normal use of the Car except in instances where abuse or neglect by You or an Authorized Operator is shown. (4) You will not be liable for loss due to theft of the Car unless it is established that You or an Authorized Operator failed to exercise reasonable Care or committed, or aided and abetted in the commission of, the theft of the Car. (5) If the Car is returned with damage, then, within 72 hours after the Car is returned, You, any Authorized Operator or Your or his or her insurer must notify FastWiFi that You, he, she or it wishes to inspect the damaged Car or the right to inspect the damaged Car will be waived. The inspection must be completed within 7 days of the return date of the Car. However, if FastWiFi determines the Car to be a total loss and subject to salvage, the 72hour period shall not apply and You, any Authorized Operator or Your, his or her insurer shall have 10 business days to inspect the Car from receipt by You from FastWiFi of a notice of Your obligation (or that of the Authorized Operator who was operating the Car at the time that the damage occurred) to execute and return to FastWiFi a complete and accurate incident report describing any physical and/or mechanical damage. (vi) For rentals commencing in Wisconsin, (A) You are not responsible for any damage to the Car other than damage (x) resulting from an accident occurring while the Car is under this agreement or (y) caused intentionally by, or by the reckless or wanton misconduct of, You or an Authorized Operator; and (B) Your responsibility will in no event exceed the fair market value of the Car immediately before the damage occurs, less its salvage value, plus actual towing fees and storage fees for no more than 2 days. Your responsibility may also be limited in other jurisdictions. (d) You grant FastWiFi a limited power of attorney to present claims for damage to or loss of the Car to Your insurance Carrier. For rentals which commence in New Mexico or New York, if such coverage exists under Your automobile insurance policy, You may require that FastWiFi submit any claims to Your insurance Carrier as Your agent. 5. Prohibited Use Of The Car (a) Neither You nor any Authorized Operator may: (i) permit the use of the Car by anyone other than You or an Authorized Operator; (ii) intentionally destroy, damage or aid in the theft of the Car; (iii) take or attempt to take the Car into Mexico or to anywhere else outside of the United States or Canada, except as expressly permitted under this agreement; (iv) engage in any willful or wanton misconduct, which, among other things, may include reckless conduct such as: the failure to use seat belts, the failure to use child seats or other child restraints where legally required, use of the Car when overloaded or Carrying passengers in excess of the number of seat belts in the Car, use off paved roads or on roads which are not regularly maintained, refueling the Car with the wrong type of fuel, i.e., diesel in a gasoline engine or gasoline in a diesel engine, leaving the Car and failing to remove the keys, or failing to close and lock all doors, Car windows or the trunk; (v) use or permit the use of the Car by anyone: (A) while legally intoxicated or under the influence of alcohol, drugs or other absorbed elements which may adversely affect a person’s ability to drive safely; (B) for any purpose that could properly be charged as a crime, such as the illegal transportation of persons, drugs or contraband or any direct or indirect act of terrorism involving the causing or threatening of harm of whatever nature and by whatever means made or claimed to be made in whole or part for political, religious, ideological or similar purpose; (C) to tow or push anything; (D) in a speed test, speed contest, race, rally, speed endurance contest or demonstration; (E) in driver training activity; (F) to Carry persons or property for hire (i.e., for a charge or fee), unless specifically authorized in writing by FastWiFi; (G) if the Car has been obtained from FastWiFi by fraud or misrepresentation; or (H) to Carry hazardous materials (other than customary quantities of materials used in the operation of the Car that are stored within the containers provided for them), explosives, biologically active materials that are hazardous to human health or radioactive material including, but not limited to, any biologically active or radioactive material for research, education, development or industrial purposes, or for purposes incidental thereto; (vi) For rentals in Hawaii, take or attempt to take the Car off the Islands of Hawaii; and (vii) For rentals in Puerto Rico or St. Thomas, take or attempt to take the Car off the island of rental. (b) Any use of the Car in a manner prohibited in this paragraph 5: (i) to the extent permitted by applicable law, will cause You to lose the benefit of any limitation on Your liability for loss of or damage to the Car, even if You have accepted LDW; (ii) to the extent permitted by applicable law, void personal accident insurance (“PAI”) and personal effects coverage (“PEC”), liability insurance supplement (“LIS”) coverage,), emergency sickness protection (“ESP”) and any liability protection provided by FastWiFi under this agreement; and (iii) will constitute a breach of this agreement, making You responsible, to the fullest extent permitted by law, for the actual and consequential damages to FastWiFi caused by the breach, together with FastWiFi’s related costs and attorneys’ fees. 6. Payment of Charges (a) You and any person, corporation or other entity to whom, with FastWiFi’s consent, You expressly direct the charges in any way incurred under this Agreement (“Charges”) to be billed, are jointly and severally responsible for payment of all charges. If You direct Charges to be billed to any person, corporation or other entity, You represent that You are authorized to do so. Charges not paid on time as required by this Agreement may be subject to a late payment fee. You may also be charged a fee for any check (or cheque) used for payment of Charges that are returned to FastWiFi unpaid or for any credit, charge, debit or stored value/prepaid/gift Card charges which are not honored by the Card issuer. (b) Payment for all Charges is due at the completion of the rental in cash or by a credit Card, charge Card, debit Card or other device acceptable to FastWiFi; however, special rules may apply for rentals which are paid for with prepaid vouchers or coupons—see below. You may be required to present a credit, charge or debit/check Card at the commencement of rental and agree to permit FastWiFi to bill Charges to that Card. By providing a form of payment, You authorize FastWiFi to perform a check on Your credit and /or other data sources that identify risk associated with a rental of the Car by You. FastWiFi may decline to rent based on this information. Stored value/prepaid/gift Cards are not, and debit Cards may not be, acceptable to qualify for rental, but both types of Cards may be used for payment at return. Charges not known to FastWiFi at the completion of the rental are payable by You, or by the person, corporation or other entity to whom such Charges are to be billed, immediately upon receipt of an invoice therefore or by billing to the credit, charge or debit Card presented at the time of rental, even if cash, another credit, charge or debit Card or stored value/prepaid/gift Card was used to pay for charges at the completion of the rental. The payment of Charges by use of a credit, charge, debit or stored value/prepaid/gift Card is governed by the terms of Your agreement with the Card issuer. IF YOU PRESENT A CREDIT, CHARGE CARD OR DEBIT/CHECK CARD AT THE COMMENCEMENT OF THE RENTAL, YOU AUTHORIZE FastWiFi TO RESERVE CREDIT WITH, OR OBTAIN AN AUTHORIZATION FROM, THE CARD ISSUER AT THE TIME OF RENTAL, IN AN AMOUNT THAT MAY BE GREATER THAN THE ESTIMATED CHARGES, EXCLUSIVE OF ANY APPLICABLE DISCOUNTS OR PROMOTIONS THAT ARE APPLIED AT THE TIME OF RETURN. IF YOU USE A DEBIT/CHECK CARD TO QUALIFY FOR A RENTAL, FastWiFi WILL NOT BE LIABLE FOR OVERDRAFT CHARGES, OR FOR ANY OTHER LOSSES OR LIABILITIES WHICH YOU MAY INCUR, IN THE EVENT THAT YOU OVERDRAW YOUR ACCOUNT AFTER FastWiFi RECEIVES THIS AUTHORIZATION, IF THE AUTHORIZATION OBTAINED AT THE COMMENCEMENT OF THE RENTAL EXCEEDS THE ACTUAL CHARGES INCURRED IN CONNECTION WITH THE RENTAL, THERE MAY BE A DELAY BETWEEN THE TIME THAT THE CHARGES ARE RECEIVED BY YOUR CARD ISSUER AND THE TIME THAT THE CARD ISSUER RELEASES THE EXCESS. FastWiFi WILL PROCESS ONE OR MORE VOUCHERS OR PAYMENT SLIPS FOR ALL ACTUAL CHARGES AT OR FOLLOWING THE COMPLETION OF THE RENTAL. FastWiFi may audit all Charges. If any errors are found, You will pay the corrected Charges. If payment was by credit, charge or debit Card, You authorize FastWiFi to correct the Charges with the Card issuer. FastWiFi will notify You of any correction. (c) FastWiFi may from time to time issue prepaid vouchers, coupons represented either by documents or by entries in FastWiFi’s records (“Vouchers”) which may be used to pay rental charges subject to the terms and conditions of the Vouchers. Vouchers must be submitted at the time that the rental commences. Persons who pay by voucher may be required to pay the amount by which the estimated charges for the rental exceed the value of the Voucher at the commencement of the rental. Restrictions on the use of Vouchers may apply. 7. Computation of Charges (a) TIME CHARGES are computed at the rates specified on the Rental Record for days, weeks, months, extra hours and extra days (including days in excess of any longer specified time period). THE MINIMUM RENTAL CHARGE IS FOR ONE RENTAL DAY. RENTAL DAYS CONSIST OF CONSECUTIVE 24 HOUR PERIODS STARTING AT THE TIME THE RENTAL BEGINS, OR ANY PORTION OF A CALENDAR DAY, AS NOTED ON THE RENTAL RECORD. The extra hours rate shown on the Rental Record is charged for each full or partial hour in excess of a rental day until such extra hours’ charges equal the daily rate specified on the Rental Record for an extra day. RENTAL RATE IS SUBJECT TO INCREASE IF YOU RETURN THE CAR MORE THAN 24 HOURS BEFORE OR 24 HOURS AFTER THE SCHEDULED RETURN TIME. LATE RETURNS BEYOND 1 HOUR GRACE PERIOD SUBJECT TO EXTRA HOUR AND/OR EXTRA DAYCHARGES. As stated in paragraph 3, if the Car is returned after hours, charges may continue to accrue until the return location reopens for business. IF YOU FAIL TO COMPLY WITH ANY CONDITIONS SPECIFIED ON THE RENTAL RECORD APPLICABLE TO SPECIAL RATES, FastWiFi’s OTHERWISE APPLICABLE RENTAL RATES WILL BE CHARGED. Any changes to Your agreed upon return time, date, or location may result in a change to Your quoted estimated rate total and the daily or hourly rate. Prices on FastWiFi’s website are only valid for those customers booking from a source country in which they officially reside. If a rate is booked from a source country in which You do not reside, it will be considered a fraudulent booking and FastWiFi maintains the right to cancel such reservation and not provide a refund. Although FastWiFi attempts to ensure all FastWiFi prices quoted on booking channels are accurate, errors may sometimes occur. FastWiFi will inform You as soon as possible if FastWiFi discovers an error in the price of Your reservation and give You the opportunity to confirm booking at the correct price or cancel. If You cancel and You have already paid for Your rental, You will receive a full refund. If FastWiFi is unable to contact You, FastWiFi will treat Your reservation as cancelled. (b) MILEAGE CHARGES, including those for extra miles, if any, are based on the per mile rate specified on the Rental Record. The number of miles driven is determined by subtracting the Car’s odometer reading at the beginning of the rental from the reading when the Car is returned, excluding tenths of miles. The per mile rate is then multiplied by the number of miles driven or, in the case of extra miles, by the number of miles in excess of the number of miles allowed, as specified on the Rental Record. The result is the mileage Charge. (c) A SERVICE CHARGE may be applied if You return the Car to any location other than the location from which it is rented. (d) LDW, PERS, PAI/PEC, ESP and LIS CHARGES, if applicable, are due and payable in full for each full or partial rental day, at the rates specified on the Rental Record. (e) TAXES, TAX REIMBURSEMENTS, VEHICLE LICENSING FEES, AIRPORT AND/OR HOTEL RELATED FEES AND FEE RECOVERIES, GOVERNMENTAL OR OTHER SURCHARGES AND SIMILAR FEES are charged/recovered at the rates specified on the Rental Record or as otherwise required by applicable law. (f) TOLL, PARKING & TRAFFIC OCCURRENCES/VIOLATIONS: YOU WILL BE RESPONSIBLE FOR AND PAY ALL TOLL OCCURRENCES, ALL PARKING, TRAFFIC AND TOLL VIOLATIONS, OTHER EXPENSES AND PENALTIES, ALL TOWING, STORAGE AND IMPOUND FEES AND ALL TICKETS CHARGED TO THE CAR ARISING OUT OF THE USE, POSSESSION OR OPERATION OF THE CAR BY YOU OR BY AN AUTHORIZED OPERATOR. You authorized FastWiFi to release Your billing/rental information and charge or debit Card information or billing account information and information regarding Your rental to any electronic toll payment services provider selected by FastWiFi (the “Toll Payment Processor”) to enable you, during your rental of the Car, to use covered cashless toll collection lanes or all-electronic tollways without the use of a personal transponder or paying the toll authority directly, for the exclusive purpose of processing and billing for unpaid toll occurrences, and any violations, fines, penalties, and fees. You also agree to indemnify FastWiFi and/or the Toll Payment Processor, if they pay same. You agree to pay, upon billing, applicable service (typically $30) and other fees related to such toll occurrences or toll, parking or traffic violations and providing information about You to a court or governmental agency for each unpaid toll occurrence and each toll, parking or other citation incurred during Your rental. You further understand that FastWiFi and the Toll Payment Processor may furnish information regarding You, including but not limited to Your name, address and driver’s license number to the governmental agency or court responsible for issuing or enforcing unpaid toll occurrences and toll, parking or other citations that You incur during Your rental. For rentals throughout the U.S., including Hawaii: The amount of the service fee which You will be charged if FastWiFi or the Toll Payment Processor is required to pay for such an infraction or toll occurrence is up to $42.00 per toll occurrence or citation. You are encouraged to pay directly to the court, county government or other appropriate agency the applicable tolls, fines, costs, monetary assessments, penalties, fees, surcharges or other charges. (g) RECOVERY EXPENSE consists of all costs of any kind incurred by FastWiFi in recovering the Car either under this Agreement, or if it is seized by governmental authorities as a result of its use by You, any Authorized Operator or any other operator with Your, his or her permission, including, but not limited to, all attorneys’ fees and court costs. (h) COLLECTION EXPENSE consists of all costs of any kind incurred by FastWiFi in collecting Charges from You or the person to whom they are billed, including, but not limited to, all attorneys’ fees and court costs. (i) LATE PAYMENT FEES may be applied to any balance due for Charges that are not paid within 30 days of FastWiFi’s mailing an invoice for such Charges to You or the person to whom they are to be billed. Such invoice may be mailed either to Your or their address specified at time of rental, or Your or their billing address on file with FastWiFi. (j) FINES AND OTHER EXPENSES include, but are not limited to, fines, penalties, attorneys’ fees and court costs assessed against or paid by FastWiFi resulting from the use of the Car by You, any Authorized Operator or any other operator with Your, his or her permission. (k) CHARGES FOR ADDITIONAL SERVICES, such as In Car Navigation System, alternative GPS or other navigation systems, and infant and toddler Car seats, if applicable, will be charged at the rates specified on the Rental Record. Charges for additional services, if stated on the Rental Record as a daily rate, are due and payable for each full or partial rental day. (l) RETURN CHANGE FEE a one-time Return Change Fee of $200 will be applied if You desire to extend Your rental or return the Car to a different location and You do not notify FastWiFi by calling 304-807-2571, by going online at FASTWIFICOMPANY.com or utilizing the FastWiFi app at least 12 hours prior to Your scheduled return date /time. Failure to notify FastWiFi of any change in Your scheduled return date/time or location will result in a one-time fee of $200 plus the cost of the rental based on the actual day and location of return. Rental rates are subject to increase if any change is made to Your rental, including a change to extend the rental or changing the return location (drop fees may apply). (m) LOST KEYS/KEY FOBS/LOCKOUTS If You lose the keys/key fob to the Car, FastWiFi may charge You for the cost of replacing the keys or key fob and for the cost of delivering replacement keys/key fob (if possible) or towing the Car to the nearest FastWiFi location. If You lock the keys/key fob in the Car and request assistance from FastWiFi, FastWiFi may charge You for the cost of delivering replacement keys/key fob (if possible) or towing the Car to the nearest FastWiFi location. (n) LOST/BROKEN GPS UNITS, CAR SEATS, ETC. If GPS units, Car Seats, or any other separately provided product is lost, stolen, or broken while on rent, You must notify FastWiFi, and You will be responsible for replacement, delivery, and service costs. (o) SMOKING FEE. In the event it is determined by FastWiFi personnel that You smoked in the Car (based on odor, test strips, or other mechanisms) or the Car smells of cigarette, marijuana, or other smoke, You will be charged a $150 fee. (p) ANY OTHER CHARGES specified on the Rental Record will be charged at the applicable rates specified on the Rental Record. Any such charges which are stated on the Rental Record as a daily rate shall be due and payable for each full or partial rental day. (q) Charges will continue to accrue until the Car is returned to FastWiFi or, if the Car has been stolen, until You report the theft both to the police in the jurisdiction in which the theft occurs and to FastWiFi. 8. Refueling Options Most FastWiFi rentals come with a full tank of gas, but that is not always the case. There are three refueling options: (1) IF YOU DO NOT PURCHASE FUEL FROM FastWiFi AT THE BEGINNING OF YOUR RENTAL AND YOU RETURN THE CAR WITH AT LEAST AS MUCH FUEL AS WAS IN IT WHEN YOU RECEIVED IT, You will not pay FastWiFi a charge for fuel. (2) IF YOU DO NOT PURCHASE FUEL FROM FastWiFi AT THE BEGINNING OF YOUR RENTAL AND YOU RETURN THE CAR WITH LESS FUEL THAN WAS IN IT WHEN YOU RECEIVED IT, FastWiFi will charge You a Fuel and Service Charge at the applicable per-mile/kilometer or per-gallon rate specified on the Rental Record. (a) The per-mile/kilometer rate is used if You do not buy fuel during the rental. To calculate this amount, FastWiFi multiplies the number of miles driven, as shown on the Car’s odometer, times the per-mile/kilometer rate shown on the Rental Record. (b) The per-gallon rate is used if You buy fuel during the rental but the tank is not as full when You return the Car as when You received it. To calculate this amount, FastWiFi multiplies the number of gallons needed to refill the fuel tank to the level it was at when You received the Car, times the per-gallon rate. Although two methods are used for ease of calculation, the per-mile/kilometer and per-gallon rates produce approximately the same result. (3) IF YOU CHOOSE TO PURCHASE FUEL FROM FastWiFi AT THE BEGINNING OF YOUR RENTAL BY SELECTING THE FUEL PURCHASE OPTION, You will be charged as shown on the Rental Record for that purchase. IF YOU CHOOSE THIS OPTION, YOU WILL NOT INCUR AN ADDITIONAL FUEL AND SERVICE CHARGE, BUT YOU WILL NOT RECEIVE ANY CREDIT FOR FUEL LEFT IN THE TANK AT THE TIME OF RETURN, except in the following cases: (a) For rentals in Hawaii, if You return the Car with a full tank of fuel, You will receive a credit for the amount previously charged for the purchase of fuel from FastWiFi. (b) For rentals other than Replacement Rentals, if You drive the Car 75 miles or less and return it with less than a full tank of fuel, You will receive credit for the amount previously charged for the purchase of fuel from FastWiFi and will be charged for the fuel used at the per-mile rate shown on the Rental Record, but only if this will reduce the amount You pay for fuel. EXCEPT FOR RENTALS AS TO WHICH CLAUSE (a) OR (b) OF SUBPARAGRAPH (3) BECOMES APPLICABLE, THE PER GALLON COST OF THE FUEL PURCHASE OPTION WILL ALWAYS BE LOWER THAN THE FUEL AND SERVICE CHARGE. BUT IF YOU ELECT THE FUEL PURCHASE OPTION YOU WILL NOT RECEIVE CREDIT FOR FUEL LEFT IN THE TANK AT THE TIME OF RETURN. THE COST OF REFUELING THE CAR YOURSELF AT A LOCAL SERVICE STATION WILL GENERALLY BE LOWER THAN THE FUEL AND SERVICE CHARGE OR THE FUEL PURCHASE OPTION. HOWEVER, THE FUEL AND SERVICE CHARGE AND THE FUEL PURCHASE OPTION ALLOW FOR THE CONVENIENCE OF NOT HAVING TO STOP AND REFUEL THE CAR PRIOR TO RETURN. 9. Arbitration and Class Action Waiver THIS AGREEMENT REQUIRES ARBITRATION OR A SMALL CLAIMS COURT CASE ON AN INDIVIDUAL BASIS, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY ENTERING INTO THIS AGREEMENT, YOU AGREE TO THIS ARBITRATION PROVISION. Except for claims for property damage, personal injury or death, ANY DISPUTES BETWEEN YOU AND US (“US” AND “WE” FOR THE PURPOSES OF THIS ARBITRATION PROVISION MEANS THE FastWiFi CORPORATION, (“FastWiFi]”), ITS PARENT AND AFFILIATE CORPORATIONS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES AND ANY VENDOR OR THIRD PARTY PROVIDING SERVICES FOR THE RENTAL TRANSACTION) MUST BE RESOLVED ONLY BY ARBITRATION OR IN A SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT ALLOWED. YOU AND WE EACH WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER. You and we remain free to bring any issues to the attention of government agencies. This Arbitration Provision's scope is broad and includes, without limitation, any claims relating to any aspect of the relationship or communications between us, whether based in contract, tort, statute, fraud, misrepresentation, equity, or any other legal theory. It is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. In any arbitration under this Arbitration Provision, all issues are for the arbitrator to decide, including his or her own jurisdiction, and any objections with respect to the existence, scope or validity of this Arbitration Provision. The arbitration will take place in the county of Your billing address unless agreed otherwise. The American Arbitration Association ("AAA") will administer any arbitration pursuant to its Consumer Arbitration Rules (the "Rules"). You can obtain the Rules at www.adr.org. You or we may commence an arbitration by providing a written demand for arbitration to the other (to us, The FastWiFi 1604 Virginia Ave, Dunbar, WV 25064 Attn: FastWiFi Rent-A-Car, LLC) and two copies of the demand to the AAA. If You seek $10,000 or less through arbitration, we will reimburse You for any AAA required filing fee. The arbitrator may award injunctive relief as well as money, but only in favor of and as warranted by the claim of the individual party seeking relief. Judgment on the arbitration award may be entered in any court having jurisdiction. An arbitration award and any judgment confirming it apply only to the specific parties in that case and cannot be used in any other case except to enforce the award itself. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of representative or class action. IF YOU DO NOT WISH TO AGREE TO THIS ARBITRATION PROVISION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF YOUR RECEIPT OF THIS AGREEMENT BY EMAILING US AT FastWiFicompany.com OR BY MAIL TO The FastWiFi, 1604 Virginia Ave, Dunbar, WV 26064, Attn: FastWiFi Rent-A-Car. Include Your name, address, the number at the top of the Rental Record, and a clear statement that You do not agree to this Arbitration Provision. If You have previously notified FastWiFi of Your decision to opt out of arbitration, You do not need to do so again. 10. Responsibility for Property You agree that FastWiFi is not responsible to You, any Authorized Operators or anyone else for any loss of or damage to Your or their personal property caused by Your or their acts or omissions, those of any third party or, to the extent permitted by law, by FastWiFi’s negligence. You and any Authorized Operators hereby waive any claim against FastWiFi, its agents or employees, for loss of or damage to Your or anyone else’s personal property, which includes, without limitation, property left in any FastWiFi vehicle or brought on FastWiFi’s premises, caused by You or any Authorized Operator, by any third party or, to the extent permitted by law, by FastWiFi’s negligence whether in whole or in part. You and any Authorized Operators agree to indemnify and hold FastWiFi harmless from any claim against FastWiFi for loss of or damage to personal property that is connected with any rental under this agreement. 11. Liability Protection The following subparagraph (a) applies if the provisions of Your CDP number or rate plan shown on the rental record, if any, or, in the case of a replacement rental, the applicable contract, if any, between FastWiFi and the automobile insurer which is responsible for the damage to or loss of Your vehicle (a “Responsible Insurer”), include the extension by FastWiFi of liability protection: (a) WITHIN THE LIMITS STATED IN THIS SUBPARAGRAPH, FastWiFi WILL INDEMNIFY, HOLD HARMLESS, AND DEFEND YOU AND ANY OTHER AUTHORIZED OPERATORS FROM AND AGAINST LIABILITY TO THIRD PARTIES, WHICH BY DEFINITION EXCLUDES ANY OF YOUR OR ANY AUTHORIZED OPERATORS’ FAMILY MEMBERS RELATED BY BLOOD, MARRIAGE OR ADOPTION RESIDING WITH YOU OR THEM, FOR BODILY INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE, IF THE ACCIDENT RESULTS FROM THE USE OF THE CAR AS PERMITTED BY THIS AGREEMENT. THE LIMITS OF THIS PROTECTION, INCLUDING OWNER’S LIABILITY, ARE THE SAME AS THE MINIMUM LIMITS REQUIRED BY THE AUTOMOBILE FINANCIAL RESPONSIBILITY LAW OF THE JURISDICTION IN WHICH THE ACCIDENT OCCURS, UNLESS HIGHER LIMITS APPLY FOR THE CDP NUMBER OR RATE PLAN SHOWN ON THE RENTAL RECORD. THESE LIMITS MAY NOT BE ADEQUATE TO FULLY COVER YOUR LIABILITY IN THE EVENT THAT YOU ARE INVOLVED IN AN ACCIDENT. THIS PROTECTION WILL CONFORM TO THE BASIC REQUIREMENTS OF ANY APPLICABLE MANDATORY “NO FAULT” LAW BUT DOES NOT INCLUDE “UNINSURED MOTORIST,” “UNDERINSURED MOTORIST,” “SUPPLEMENTARY NO FAULT” OR ANY OTHER OPTIONAL COVERAGE. TO THE EXTENT PERMITTED BY LAW, FastWiFi HAS, AS THE INSURED, WAIVED AND REJECTED THE INCLUSION OF ANY SUCH COVERAGE. If such protection is imposed by operation of law, then the limits of such protection will be the minimum required for primary liability protection by the law of the jurisdiction in which the accident occurs. FastWiFi warrants that the protection described in this subparagraph is primary with respect to any insurance coverage which You or an Authorized Operator may have. TO THE EXTENT PERMITTED BY LAW, FastWiFi’s DEFENSE OBLIGATIONS TO YOU OR ANY AUTHORIZED OPERATOR HEREUNDER SHALL CEASE AFTER THE APPLICABLE LIMITS OF LIABILITY PROTECTION ARE TENDERED OR EXHAUSTED. The following subparagraph (b) applies for all rentals other than those noted in subparagraph (a): (b) IF YOU DO NOT PURCHASE LIABILITY INSURANCE SUPPLEMENT (LIS) (A SUMMARY OF LIS COVERAGE APPEARS BELOW) AT THE COMMENCEMENT OF THE RENTAL AND AN ACCIDENT RESULTS FROM THE USE OF THE CAR, YOUR INSURANCE AND THE INSURANCE OF THE OPERATOR OF THE CAR WILL BE PRIMARY. WHERE PERMITTED BY LAW, FastWiFi DOES NOT PROVIDE ANY THIRD-PARTY LIABILITY PROTECTION COVERING THIS RENTAL. YOU AGREE THAT YOU AND YOUR INSURANCE COMPANY WILL BE RESPONSIBLE FOR HANDLING, DEFENDING AND PAYING ALL THIRD-PARTY CLAIMS FOR BODILY INJURY, INCLUDING DEATH OR PROPERTY DAMAGE CAUSED BY OR ARISING FROM THE USE OR OPERATION OF THE CAR DURING THE RENTAL (THIRD-PARTY CLAIMS). YOU REPRESENT AND WARRANT THAT YOUR INSURANCE IS SUFFICIENT TO SATISFY THE MINIMUM APPLICABLE FINANCIAL RESPONSIBILITY AS REQUIRED BY LAW. YOU AGREE TO INDEMNIFY AND HOLD FastWiFi HARMLESS FROM AND AGAINST, AND WILL DEFEND FastWiFi AGAINST, ANY AND ALL LOSS, LIABILITY OR DAMAGES WHATSOEVER CAUSED BY OR ARISING OUT OF THE USE OR OPERATION OF THE CAR DURING THE RENTAL PLUS COSTS AND ATTORNEYS’ FEES. UNLESS REQUIRED BY LAW, FastWiFi DOES NOT PROVIDE ANY “UNINSURED” OR “UNDERINSURED” MOTORIST PROTECTION, PHYSICAL DAMAGE PROTECTION FOR THE CAR, “NO-FAULT” OR OTHER OPTIONAL PROTECTION IN CONNECTION WITH THE RENTAL AND FastWiFi AND YOU HEREBY WAIVE AND REJECT, TO THE EXTENT PERMITTED BY LAW, INCLUSION OF SUCH PROTECTION. WHERE FastWiFi IS REQUIRED BY LAW TO PROVIDE ANY PROTECTION IN SPITE OF THIS AGREEMENT, SUCH PROTECTION SHALL BE SECONDARY OVER AND ABOVE ANY OTHER POLICIES (WHETHER PRIMARY OR EXCESS), IN AN AMOUNT NOT TO EXCEED THE MINIMUM STATUTORY FINANCIAL RESPONSIBILITY LIMITS OF THE JURISDICTION IN WHICH THE ACCIDENT OCCURS. FastWiFi MAY PROVIDE SUCH LIABILITY PROTECTION UNDER A CERTIFICATE OF SELF-INSURANCE OR AN INSURANCE POLICY. FOR RENTALS COMMENCING IN FLORIDA: Florida law requires FastWiFi’s liability protection and personal injury protection to be primary unless otherwise stated. Therefore, FastWiFi hereby informs You that the valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by ss.324.021 (7) and 627.736, Florida Statutes, unless Your CDP number or rate plan includes the extension by FastWiFi of liability protection or You accept the optional LIS. Primary insurance means that, in the event of a covered loss, Your insurance or that of the Authorized Operator would be responsible for the payment of personal injury or property damage claims up to the limits of that insurance. (c) YOU AND ALL OPERATORS WILL INDEMNIFY AND HOLD FastWiFi, ITS AGENTS, EMPLOYEES AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL LOSS, LIABILITY, CLAIM, DEMAND, CAUSE OF ACTION, ATTORNEYS’ FEES AND EXPENSE OF ANY KIND (A “LOSS”) , ARISING FROM THE USE OR POSSESSION OF THE CAR BY YOU OR ANY OTHER OPERATOR(S) WITH YOUR, HIS OR HER PERMISSION, INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES INCURRED BY FastWiFi TO EN
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