Mobyl Terms of Service
Contract For Renters
This Contract For Renters, including the Schedules (together, this “Contract”), is a legal agreement between One Source Enterprises, Inc. (“Mobyl”, “we”, or “us”) and the Customer (as “Customer” is defined below; and sometimes referred to herein as “You”). You agree that accessing or using the Services constitutes acceptance of any amended terms and conditions in a revised Contract about which we may notify You or which may post on our website.
Reservation rates, fees and taxes are subject to change. You may review your total estimated reservation cost before you confirm your reservation.
Certain provisions of this Contract and the Rules related to your use of the Services may vary based upon the jurisdiction in which you reserve or use a Vehicle The jurisdiction-specific Contracts are available through the Mobyl websites.
In this Contract, the following definitions apply:
“Customer”: The person registered as the Customer, unless specifically indicated otherwise in this Contract, and the person designated to receive and pay all fees, charges and other costs associated with the Mobyl service, including driving charges and other costs or fees as indicated in the Rules and Schedules described below.
“Rules”: All the rules, guidelines or policies of Mobyl related to a Customer’s use of the Mobyl service, whether set forth in this Contract, appearing elsewhere on Mobyl’s websites or otherwise issued from time to time by Mobyl.
“Schedules”: All the schedules, rate plans and policies referenced in or incorporated into this Contract.
“Services” means the Vehicle reservation service, including Mobyl’s websites, blog, and mobile applications.
“You” or “your” means the person identified as the customer elsewhere in this agreement, any person signing this Contract, any Authorized Driver and any person or organization to whom charger are billed by us at its or the customer’s discretion. All persons referred to as “you” or “your” are jointly and severally bound by this Contract.
“Authorized Driver” means the renter and any other verified Mobyl drivers, provided the person has a valid driver’s license and is at least age 21. Only Authorized Drivers may operate the Vehicle.
“Vehicle” means the automobile or truck identified that you reserve via this Contract, and any vehicle we substitute for it, and all its tires, tools, accessories, equipment, keys and vehicle documents.
“Physical Damage” means damage to, or loss of, the Vehicle caused by collision or upset; it does not include comprehensive damage or loss, such as: loss of the Vehicle due to theft; vandalism; act of nature; riot or civil disturbance; hail, flood; or, fire. Physical damage excludes interior burn holes, window stars or cracks not caused by collision or upset.
“Loss of use” means the loss of our ability to use the Vehicle for any purpose caused by damage or loss during the rental. Loss of use is calculated by multiplying the number of days from the date the Vehicle is damage or lost until it is repaired or replaced, times the daily rental rate.
This Contract is for a Vehicle-reservation service offered by Mobyl or one of its affiliated companies or partners (“Mobyl”, “us”, or “we”)), but does not in itself confer any right to use any Vehicles. A Customer may only use Vehicles, to the extent available, in accordance with the terms of this Contract and subject to paying all applicable fees and charges.
The Customer’s use of and rights in relation to any Services, the Vehicle or any item provided by Mobyl under this Contract are limited to those rights of use stated in this Contract.
To be eligible for our service, the Customer must:
Be at least 21 years of age.
Hold an active and valid driver’s license that authorizes the Customer to drive in the jurisdictions in which the Customer will use Vehicles.
The only driver eligible to drive a Vehicle is the individual whose driver’s license was submitted to Mobyl during the reservation process. No other drivers are allowed to operate a Vehicle.
Accurately, truthfully and fully complete the application process with Mobyl and deliver all information and documents requested in the application or otherwise.
Agree to all terms, conditions and policies available on the Mobyl website.
Acceptance of the customer is subject to approval by Mobyl in its sole discretion and, without limiting the foregoing, customer may be denied based upon other factors determined by Mobyl in its sole discretion. In addition, even if approved for rental, a Customer may be restricted from driving certain Vehicles based upon the Customer’s driving history and experience.
Fees and Responsibilities of the Customer
The Customer is required to pay all fees and costs incurred when due, including, without limitation, driving record/insurance verification fees, driving charges (including but not limited to mileage overage and surcharge and/or toll fees), sales and other taxes and levies, and other costs and fees. Customers are billed for amounts due via credit or debit card or other means as established by Mobyl. Any Customer account which is past due will be suspended; however, any reservations booked in advance shall still be charged to the Customer if not timely cancelled by the Customer. If payment of any amount due is rejected by the credit or debit card provided by the Customer, the use of Mobyl’s services may be suspended. Customers are responsible for providing and maintaining current credit card or debit card information on file with Mobyl. Ongoing issues with credit or debit card billings may result in termination of rental. Under no circumstances will Mobyl be responsible for any overdraft or other fees charged by a Customer’s credit card company or bank. For past due accounts, Mobyl may also change when payment is due and/or terminate the Customer’s account. In addition, Mobyl may utilize third parties to collect amounts owed to Mobyl by a Customer and the Customer will also be responsible for any collection or similar fees associated with these collection activities.
You will pay us, or the appropriate government authorities, on demand all charges due us under this Contract, including, but not limited to (a) time and mileage for the period you keep the Vehicle, or a mileage charge based on our experience if the odometer is tampered with or disconnected; (b) charges for additional drivers; (c) optional products and services you purchased; (d) applicable taxes; (e) all parking, traffic and toll violations, fines, penalties, forfeitures, court costs, towing, impound and storage charges and other expenses involving the Vehicle assessed against us or the Vehicle, unless these expenses are our fault; (f) a $50 abandonment fee, plus $5/mile for every mile between the designated delivery location and the place where the Vehicle is returned, repossessed or abandoned, plus all other expenses we incur in locating and recovering the Vehicle if you fail to return it or if we elect to repossess the Vehicle under the terms of this Contract; (g) all costs, include pre- and post-judgment attorney fees, we incur collecting payment from you or otherwise enforcing our rights under this agreement; (h) a 2% per month late payment fee, or the maximum amount allowed by law (if less than 2%) on all amounts past due; (i) a reasonable fee to clean the Vehicle if returned substantially less clean than when rented; (j) fuel, if fuel is not included within the price of your rental, calculated the amount of fuel you consume during your rental times double the local gas pump-price.
All Mobyl customers agree to and will be responsible for an authorization (deposit) and hold on their credit or debit card at the time of their rental. We may use your deposit to pay any amounts owed to us under this Contract.
Customers are responsible for providing and maintaining current email, mobile phone, and other account information. Telephone calls, email correspondence and social media communications with Mobyl may be recorded or monitored. By using these communication methods you are consenting to the recording or monitoring of your calls, emails and social media communications.
By applying for Mobyl rental, each applicant authorizes Mobyl to obtain his/her driving records from the jurisdiction in which the applicant is licensed. Customers who do not have a driver’s license from the jurisdiction in which they reside must comply with the licensing requirements of such jurisdiction for driving in that jurisdiction. In addition, Mobyl may at any time require Customers to demonstrate compliance with the licensing laws of their jurisdiction of residence and/or impose further policies regarding the obligation to be licensed in their jurisdiction of residence. Mobyl reserves the right to request additional information, such as a copy of a passport or proof of address at any time. Because driving a Vehicle requires maintaining a good driving record, Mobyl may, from time to time, check Customers’ driving records and reserves the right, at its sole discretion, to suspend or terminate any Customer who does not meet Mobyl’s eligibility requirements. If the Customer’s license is suspended or revoked or becomes invalid, if the Customer has any further endorsements or accidents on their driving record, or if the Customer is convicted of or receives a citation for driving under the influence of alcohol or drugs, dangerous or reckless driving or exceeding the relevant speed limit, the Customer agrees to report such suspension, revocation, changes, conviction or citation to Mobyl promptly. Failure to notify Mobyl of any such events may lead to the Customer not being covered by Mobyl’s liability protection when driving a Vehicle and/or termination of rental.
Late Fees. If you return the Vehicle later than the end reservation time, you will be charged per hour at the hourly usage rate of the Vehicle unless you have reported the Vehicle as stolen. You must click “End Rental” in the Mobyl app upon returning the Vehicle if using our self-service feature. Failure to do so may result in late fees. Subject to Vehicle availability, you may be able to extend your reservation end time to avoid a late fee. You will be charged for the additional time if you choose to extend your reservation.
If a Vehicle is more than 12 hours overdue, and the Mobyl rental period has not been extended with all fees paid, then you must return and surrender the Vehicle immediately.
Cleaning Fee. You are to return the Vehicle in a clean condition for others to use. If found otherwise (ex. mud, excessive dirt, odor or residue from smoking, pet hairs, etc.) you will be charged a cleaning fee to recondition the Vehicle, plus applicable taxes.
Canceling your reservation at least 24 hours before your reservation date and time will result in no charge unless otherwise disclosed by the reservation document or verbally by the agent at the time of the reservation. Specialty vehicles (such as 12/5 passenger vans) may require non-refundable deposits at booking. Failing to cancel at least 24 hours before your reservation date, or failing to show, will result in a charge of your full reservation amount to your credit card. Taxes may apply.
Tracking Devices. We use GPS and diagnostic tracking devices to track or locate cars as necessary, car’s condition, performance and operation, track fuel consumption, distance travelled, location and other information We may transmit such information to us, our third party providers and/or the car manufacturer.
Repossession. Mobyl, the Vehicle owner and/or hired agent of Mobyl or of the Vehicle owner may repossess any Vehicle rented without demand, at the renter’s expense, if the Vehicle is not returned by the end of the reservation, is found illegally parked or apparently abandoned, or is used in violation of applicable law or this Agreement.
Damages and Insurance
Damages Generally: A Customer is responsible for any and all damage, or theft, that occurs to a Vehicle while in the Customer’s possession or control (including the entire time the Vehicle is reserved under the Customer’s account), even if damage is weather-related, caused by a third party or arises from similar causes , and is responsible for the full value of any damages or injuries caused to third parties or their property. Such damages include, without limitation, the repair costs (estimated or actual) for the Vehicle and third party property, injuries to third parties, costs associated with the recovery or transportation of Vehicles, and the loss of use of Vehicles or third party property.
You understand that third parties may own the Vehicles offered through the Services. Each owner is responsible for complying with all legal requirements (including ensuring the Vehicle is registered and insured) and maintaining their Vehicle(s) in safe and roadworthy condition. Customer must complete inspection of Vehicle before use; If you find damage on your initial inspection and fail to report it, Mobyl may assume that the damage occurred during your rental period. If, after your initial inspection, you believe that the Vehicle is not safe to drive, please do not use the Vehicle; in that event, please contact the Mobyl team immediately at 1-866-466-6295.
You must report all accidents or incidents of theft and vandalism to us and the police as soon as you discover them.
You must return the Vehicle to the designated return area, on the date and time specific in your reservation, and in the same condition that you received it, except for ordinary wear. If
the Vehicle is returned after closing hours, you remain responsible for the safety of, and any damage to, or loss of, the Vehicle until we inspect it upon our next opening for business. Service to the Vehicle or replacement parts or accessories during the rental must have our prior approval. You must check and maintain all fluid levels.
Third Party Liability
You are responsible for all damage or loss you cause to others. You agree to provide auto liability, collision and comprehensive insurance covering you, us and the Vehicle. Where state law requires us to provide auto liability insurance, or if you have no auto liability insurance, we provide auto liability insurance that is secondary to any other valid and collective insurance whether primary, secondary, excess or contingent. The policy provides bodily injury and property damage liability coverage with limits no higher than minimum levels prescribed by the vehicular financial responsibility laws of the state whose laws apply to the loss. You and we reject PIP, medical payments, no-fault and uninsured and underinsured motorist coverage, where permitted by law. The policy is void if you violate the terms of this Contract, or if you fail to cooperate in any loss investigation conducted by us or our insurer.
Collision Damage Waiver (CDW) and/or Tire and Windshield Waiver (TWW) is offered at the time of rental for an additional daily charge. If the customer accepts CDW, Mobyl waives or reduces the customer’s responsibility for loss of, or damage to, the rental vehicle (excluding damage to tires, glass, loss of keys, manuals, and/or other equipment) subject to the terms and conditions of the rental agreement and applicable laws. If the customer accepts TWW, Mobyl waives or reduces the customer’s responsibility for loss of, or damage to, the tires or glass subject to the terms and conditions of the rental agreement and applicable laws.
These products are not insurance. The purchase of a Protection Product is optional and not required to rent a car. The protection provided by a Protection Product may duplicate the customer’s existing coverage. Mobyl is not qualified to evaluate the adequacy of the customer’s existing coverage; therefore, the customer should examine his or her credit card protections, automobile insurance policies or other sources of coverage that may duplicate the protection provided by Protection Products. Customer acknowledges receipt and understanding of the document “Facts versus Fiction – Collision Damage Waiver (CDW)” which is provided at the time of the rental and can be found at www.gomobyl.com under “Frequently Asked Questions.”
Term and Termination
This Contract shall commence upon the acceptance by Mobyl of the Customer’s rental application. The term of this Contract shall continue until such time as customer discontinues use of Mobyl services and rentals.
Mobyl may terminate this Contract at any time.
Mobyl may also, upon notice to the Customer, immediately terminate this Contract if the Customer (a) fails to pay any sum due under this Contract, (b) fails to comply with any term or condition specified in the Contract or any Rules, (c) is involved in an incident with a Vehicle that, in Mobyl’s reasonable sole discretion, renders the Customer ineligible or inappropriate for continued rental, (d) engages in any activities or conduct that Mobyl, in its reasonable sole discretion, determines to be inappropriate, negligent, offensive, abusive or otherwise unacceptable; or (e) is not paying the Customer’s debts as such debts generally become due, becomes insolvent, files or has filed against the Customer a petition (or other document) under any bankruptcy or insolvency law or similar law that is unresolved within sixty (60) days of the filing of such petition (or document), proposes any dissolution, liquidation, composition, financial reorganization or recapitalization with creditors, makes a general assignment or trust mortgage for the benefit of creditors, or if a receiver, trustee, custodian or similar agent is appointed or takes possession of any of the Customer’s property or business. No fees will be refunded in the event of termination pursuant to this Section.
Upon termination, all of the Customer’s rights to use Mobyl’s services and Vehicles shall immediately terminate and Customer agrees to return immediately any vehicle or any other property of Mobyl or its partners that the Customer has in the Customer’s possession. Additionally, the Customer shall be responsible for and agrees to pay any legal fees, court costs or expenses associated with enforcing the terms of this Contract, whether upon termination or otherwise (including, without limitation, any costs relating to recovering any of the foregoing property or any amounts due and owing to Mobyl).
Limitations of Liability
UNDER NO CIRCUMSTANCES WILL MOBYL BE LIABLE TO ANY CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, ARISING FROM OR RELATED TO THIS CONTRACT OR — USE OF THE Mobyl SERVICES. Without limiting the foregoing, Mobyl shall have no liability for any loss of, or damage to, any goods in or on the Vehicle or in or on any third party vehicle, any loss, damage, injury or death in relation to any Customer or any third party arising from the use of a Vehicle, loss or damage incurred by the Customer as a result of any claims made by a third party, or loss or damage incurred by the Customer arising from or in relation to either (i) the reservation, non-availability, supply, operation or use of a Vehicle or (ii) any Vehicle accessories, whether supplied by Mobyl or by a Customer (for example, luggage racks, bicycle racks, baby seats and the like; the Customer is responsible for the safe installation of such accessories and must check the condition of such accessories before each use), unless in each case such loss or damage is incurred due to our negligence or failure to carry out our responsibility.
You agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from, or arising out of, this reservation and your use of the Vehicle. We make no warranties, express, implied or apparent, regarding the Vehicle, no warranty of merchantability and no warranty that the Vehicle is fit for a particular purpose.
You release us, our agents and employees from all claims for loss of, or damage to, your personal property (including a vehicle) or that of any other person, that we received, handled or stored, or that was left or carried in or on the Vehicle or in any service vehicle or in our offices, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility.
Dispute Resolution by Binding Arbitration and Class Action Waiver
Pre-Dispute Resolution Procedure. Before asserting a claim in any proceeding (including in an individual arbitration or in a small claims proceeding), you and Mobyl agree that we shall give the other party written notice of the claim to be asserted 30 days before initiating a proceeding and make a reasonable good faith effort to resolve the claim. If you are intending to assert a claim against Mobyl, you must send the written notice of the claim to Mobyl Legal 205 Hwy 12 West, Starkville, MS 39759. If Mobyl is intending to assert a claim against you, we will send the written notice of the claim to you at your address appearing in our records. NO SETTLEMENT DEMAND OR SETTLEMENT OFFER — USED IN THIS PRE-DISPUTE RESOLUTION PROCESS MAY BE — USED IN ANY PROCEEDING, INCLUDING AS EVIDENCE OR AS AN ADMISSION OF ANY LIABILITY OR DAMAGES (OR LACK THEREOF).
Agreement to Arbitrate. Except as otherwise provided in this dispute resolution provision, in the event of a dispute that cannot be resolved informally through the pre-dispute resolution procedure, you and Mobyl agree to arbitrate all disputes and claims, including the interpretation and scope of this provision, and the arbitrability of the dispute or claim.BY AGREEING TO RESOLVE DISPUTES THROUGH ARBITRATION, YOU AND MOBYL AGREE TO EACH UNCONDITIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY OR COURT.
Class Action Waiver. YOU AND MOBYL AGREE THAT ANY CLAIMS BROUGHT BY YOU OR Mobyl WILL BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND WILL NOT BE BROUGHT AS A CLASS, REPRESENTATIVE, COLLECTIVE OR PRIVATE ATTORNEY GENERAL ACTION. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class, representative, or private attorney general proceeding. You and Mobyl agree to seek only such relief-whether in the form of damages, an injunction, or other non-monetary relief-as is necessary to resolve any individual injury that either you or Mobyl have suffered or may suffer. In particular, if either you or Mobyl seek non-monetary relief, such relief must be individualized
and may not affect individuals or entities other than you or Mobyl. This requirement that claims be brought in binding arbitration only in an individual capacity and not as a representative, private attorney general, or class Customer (“Class Action Waiver”) is non-severable. If the Class Action Waiver is found to be unenforceable, then the entirety of this dispute resolution provision shall be null and void.
Applicable Law and Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial disputes from the American Arbitration Association (“AAA”). As modified by this Contract, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes. For more information on AAA, its rules and procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
Hearings and Decisions. If you are an individual, arbitrations will proceed at a location that the arbitrator selects in the county of your primary residence unless you and Mobyl agree otherwise. If you are not an individual person (but are instead, for instance, a partnership, corporation, or other form of entity or non-natural person) (hereafter “Entity Customer”), arbitrations shall proceed at a location that the arbitrator selects unless you and Mobyl agree otherwise.
Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator’s award shall be final and may be enforced in any court of competent jurisdiction. Further, an arbitrator’s award and any judgment confirming it shall apply only to that specific case and cannot be used in any other case except to enforce the award itself.
Fees and Costs. If you are an individual (and not an entity Customer), in the event that (1) your claim is less than $10,000, and (2) you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Mobyl 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 as compared to the cost of litigation. Mobyl also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration. However, Mobyl will not pay your share of the arbitration fees if the arbitrator finds that either your claim or the relief sought is frivolous or brought for an improper purpose, as measured by the standards of Federal Rule of Civil Procedure 11(b).
Small Claims, Personal Injury Claims and Vehicle Damage or Loss Claims. The following disputes and claims are exempt from Sections 9.2-9.7: (a) disputes and claims that are within the scope of a small claims court’s authority; (b) disputes and claims regarding personal injury and/or damage to or loss of a vehicle related to your Mobyl reservation; and (c) if you are an Entity Customer, disputes over the validity of any party’s intellectual property rights.
Conflicts. In the event of any conflict between this dispute resolution provision and any other dispute resolution provision in any other agreement between you and Mobyl, the dispute resolution provision in this Contract shall govern.
Modification of this Provision. Notwithstanding any provision in these this Contract to the contrary, we agree that if Mobyl makes any material change to this arbitration provision, including the deletion of this provision, that change will not apply to any dispute that you had already provided Mobyl notice of in writing.
Breach of Contract
The acts listed here are prohibited uses of the Vehicle. Any loss or damage that (a) is caused by anyone who is not an authorized driver, or by anyone whose driving license is suspended in any jurisdiction; (b) is caused by anyone under the influence of prescription or non-prescription drugs or alcohol; (c) is caused by anyone who obtained the Vehicle or extended the rental period by giving us false, fraudulent or misleading information; (d) occurs while the Vehicle is used in furtherance of any illegal purpose or any circumstance that would constitute a violation of low, other than a minor traffic violation; (e) occurs while carrying persons or property for hire or while pushing or towing anything, or in any race, speed test or contest; (f) occurs while teaching anyone to drive; (g) occurs while carrying dangerous or hazardous items or illegal material in or on the Vehicle; (h) occurs when Vehicle is loaded beyond its capacity (i)occurs as a result of driving the Vehicle on unpaved roads; (j) occurs while transporting more persons than the Vehicle has seat belts, or while carrying persons outside the passenger compartment; (k) occurs while transporting children without approved child safety seats as required by law; (l) occurs and the odometer has been tampered with or disconnected; (m) occurs when the Vehicle’s fluid levels are low, or it is otherwise reasonable to expect you to know that further operation would damage the Vehicle; (n) results from inadequately secured cargo; (o) where applicable, is caused by anyone who lacks experience operating a manual transmission; (p) is a result of your willful, wanton or reckless act or misconduct; (q) occurs and you fail to summon the police to any accident involving personal injury or property damage; or (r) is caused by an animal transported in the Vehicle; breach this agreement. You waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of this agreement.
Rental Indemnity and Warranties
This is a contract for the rental of the Vehicle. We may repossess the Vehicle at your expense without notice to you, if the Vehicle is abandoned or used in violation of the law or
this Contract. You agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from or arising out of this rental and your use of the Vehicle. We may no warranties, express, implied or apparent, regarding the Vehicle, no warranty of merchantability and no warranty that the Vehicle is fit for a particular purpose.
No term of this Contract can be waived or modified except by a writing that we have signed. This Contract constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are void.
By becoming a Mobyl Customer, the Customer represents and warrants to Mobyl that the Customer has received all explanations as the Customer may have reasonably requested concerning the content of this Contract, including all Schedules, and that the Customer has carefully reviewed and understands the Customer’s commitments and obligations hereunder. The Customer also represents that the Customer acknowledges that any information shared by, or collected from or about, the Customer may be used by Mobyl for its legitimate business purposes.
The rights granted to the Customer under this Contract are not assignable or transferable, in whole or in part. Any attempt to transfer this Contract without the written consent of Mobyl shall be void and of no force and effect. Mobyl may assign this Contract to an affiliate or to another entity in connection with a corporate transaction or otherwise.
No delay or omission by Mobyl to exercise any right or power occurring upon any noncompliance or default by the Customer with respect to any of the terms of this Contract shall impair any such right or power or be construed to be a waiver thereof. Any waiver by Mobyl of any covenant, condition, or agreement to be performed by the Customer shall not be deemed to be a waiver of any prior or subsequent breach of the same, or of any other covenant, condition, or agreement hereunder. Unless stated otherwise, all remedies provided for in this Contract shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.
If any term, provision, covenant or condition of this Contract is held invalid or unenforceable for any reason, the remainder of the provisions will continue in full force and effect as if this Contract had been executed with the invalid portion eliminated. The parties further agree to substitute for the invalid provision a valid provision that most closely approximates the intent and economic effect of the invalid provision.
This Contract is governed by the laws in force in the State of Mississippi and shall be interpreted according to the internal laws of such State, without reference to its conflicts of laws or choice of law rules. All disputes hereunder shall be resolved solely in the applicable state or federal courts of Mississippi. The parties hereby consent to the exclusive jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available.
A waiver by us of any breach of this agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this agreement. Our acceptance of payment from you or our failure, refusal or negligent to exercise any of our rights under this Contract does not constitute a waiver of any other provision of this Contract. Unless prohibited by law, you release us from any liability for consequential, special or punitive damages in connection with this rental or the reservation of a Vehicle. If any provision of this Contract is deemed void or unenforceable, the remaining provisions are valid and enforceable.
Any notices or communication required or permitted to be given to the Customer shall be in writing and shall be sufficiently given if delivered by email or mailed to the Customer at the email or postage address provided to Mobyl in the Customer’s completed application or as updated by the Customer and on file with Mobyl. Any notices or communication required or permitted to be given to Mobyl shall be in writing and shall be sufficiently given if delivered via U.S. mail as follows:
One Source Enterprises, Inc..
205 Hwy 12 West
Starkville, MS 39759
Any notice sent via U.S. mail shall be deemed to have been received on the fourth business day after it was posted.