Terms of Use

For the purposes of this Section 11, “Dad’s Auto” or “Dad’s Auto Hawaii” or “Dad’s Auto Rentals” shall mean Dad’s Auto and Dad’s Auto’s service providers and licensors, and their respective officers, directors, employees, contractors and agents when providing services for or on behalf of Dad’s Auto.

Website Disputes include: (a) any claim you may have against Dad’s Auto in connection with the Website, (b) any claim Dad’s Auto may have against you in connection with the Website, and (c) any action to enforce the Terms, to object to the Terms, or in any way arising out of or related to the Terms.

All other disputes are Non-Website Disputes. Any claim arising from your purchase of a Dad’s Auto product or service is a Non-Website Dispute. Any claim arising from the content of any offer or advertisement on the Website is a Non-Website Dispute.

11.1 Website Disputes – Pre-Dispute Resolution

Before filing a lawsuit in connection with any Website Dispute (including, but not limited to, in an individual arbitration or in a small claims proceeding), you and Dad’s Auto 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 Dad’s Auto, you must send the written notice of the claim to Attention: Dad’s Auto Rentals, 207 N Cane St, Wahiawa, HI 96786, Attention: Legal Department. If Dad’s Auto intends 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 PREDISPUTE RESOLUTION PROCESS MAY BE USED IN ANY PROCEEDING, INCLUDING AS EVIDENCE OR AS AN ADMISSION OF ANY LIABILITY OR DAMAGES (OR LACK THEREOF). After that 30-day period and not before, either party may elect, in writing sent to the other party, that it will pursue the matter either through small claims court or arbitration. The party receiving the notice shall then have 7 days to respond, including to elect for the case to be heard by a small claims court with jurisdiction. If either party chooses to proceed in small claims court, the dispute will be resolved in that forum, rather than through arbitration. Each party agrees that state or federal courts of Hawaii, referenced below, may enter injunctive relief to enforce the pre-filing requirements of this paragraph, including an injunction to stay an arbitration that has been commenced in violation of this paragraph.

11.2 Website Dispute Resolution – Binding Arbitration, Jury Trial Waiver

In the event of a dispute that cannot be resolved informally through the pre-dispute resolution procedure, you and the Dad’s Auto Parties agree to waive all rights to a jury trial and arbitrate all disputes and claims arising under, relating to, or in connection with a Website Dispute, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statue, regulation, ordinance, or any other legal or equitable basis. The interpretation and scope of this provision, and the arbitrability of the Website Dispute, are for the arbitrator to decide. Neither you nor we will be able to sue in court in connection with a Website Dispute. All Website Disputes must be resolved through individual (non-class) arbitration. You and Dad’s Auto waive any rights to maintain other available resolution processes for Website Disputes, such as a court action or administrative proceeding. You and Dad’s Auto waive any right to a jury trial for Website Disputes.

You indicate your acceptance to these Terms, including this agreement to arbitrate, by continuing to use the Website after having the opportunity to review these Terms.

The rules in arbitration are different. There is no judge or jury, and review is limited; however, an arbitrator can award the same damages and relief, and must honor the same limitations stated in the agreement as a court would.

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 these Terms, 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.

11.3 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 the applicable Dad’s Auto Party 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), arbitrations shall proceed at a location that the arbitrator selects unless you and the applicable Dad’s Auto Party 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.

To the extent a party commences any court action that includes both Website Disputes and Non-Website Disputes, consideration of the Non-Website Disputes shall be stayed until the Website Disputes are fully arbitrated. Then, any Non-Website Disputes will be considered by any court of competent jurisdiction, unless another dispute resolution mechanism is applicable.

11.4 Fees and Costs.

If you are an individual (instead of, for instance, a partnership, corporation, or other form of entity or non-natural person), 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, the applicable Dad’s Auto Parties 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. Dad’s Auto also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration. However, the Dad’s Auto Parties 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).

Website Dispute Resolution – Waiver of Class Actions in Court And Class Arbitrations

YOU AND THE DAD’S AUTO PARTIES AGREE THAT ANY WEBSITE DISPUTES BROUGHT BY YOU OR THE DAD’S AUTO PARTIES WILL BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND WILL NOT BE BROUGHT AS A CLASS, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION. Neither a court nor the arbitrator may 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 Dad’s Auto Parties 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 Dad’s Auto has suffered or may suffer. In particular, if either you or a Dad’s Auto Party seeks non-monetary relief, such relief must be individualized and may not affect individuals or entities other than you or the applicable Dad’s Auto Party. This requirement that claims be brought only in an individual capacity and not as a representative, private attorney general, or class member (“Class Action Waiver”) is non-severable. If the Class Action Waiver is found to be unenforceable, then the entirety of this dispute resolution provision in Section 12 shall be null and void. Notwithstanding the foregoing, the requirement that the relief sought be individualized and not affect individuals or entities other than you or the applicable Dad’s Auto Party is severable; if that requirement is found to be unenforceable, then only that requirement will be held null and void and the rest of Section 11, including the rest of the Class Action Waiver, shall continue to be enforceable.

11.5 Small Claims, Personal Injury Claims, and Vehicle Damage or Loss Claims. The following disputes and claims are exempt from Sections 11.1-11.5: (a) unresolved disputes and claims that are within the scope of a small claims court’s authority; and (b) disputes and claims regarding personal injury and/or damage to or loss of a vehicle related to your Dad’s Auto reservation.

Modification of this Provision. Notwithstanding any provision in these Terms to the contrary, we agree that if Dad’s Auto makes any material change to this arbitration provision, including the deletion of this provision, such change will not apply to any dispute that you had already provided Dad’s Auto a notice in writing.

11.6 Severability and Survival.  If any provision in this Section 11 is found to be unenforceable, that provision shall be severed with the remainder of these Terms remaining in full force and effect. The foregoing shall not apply to the prohibition against the Class Action Waiver in Section 11.5.  If the Class Action Waiver is found to be unenforceable, this entire Section shall be null and void.  The terms of this Section shall otherwise survive any termination of these Terms.

Exclusive Venue for Other Controversies. Dad’s Auto and you agree that any Website Dispute or Non-Website Dispute excluded from the dispute resolution procedure and class action waiver provisions in this Section (other than an individual action filed in small claims court) shall be filed only in the state or federal courts of New Jersey, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.