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RENTAL PROGRAM TERMS AND CONDITIONS:
1. AGREEMENT: These terms of use constitute a legally binding agreement between you and Pearson, Butler, & Carson, PLLC (“Pearson Butler”), a law firm. By participating in the Rental Car Program (the “Program”), you represent and warrant that you have read these Terms and Conditions and agree to them in full.
2. QUALIFICATION FACTORS: The rental car program is offered by Pearson Butler, a law firm, to any person who meets each of the following qualifications, which are pre-conditions of participation: 1) you were in a car accident within the last seven (7) days, 2) you were NOT cited at the scene for violating any laws, and 3) you have a police report number for the car accident. By requesting to participate in the program and/or by requesting that a rental car be extended to you, you hereby represent and warrant, under penalty of perjury, that you meet these three threshold requirements.
3. DESCRIPTION OF THE PROGRAM: Upon meeting the threshold requirements stated above, Pearson Butler will provide a 100% payment subsidy in relation to your rental agreement between you and the Car Rental Agency. YOUR RENTAL AGREEMENT WILL BE BETWEEN YOU AND THE CAR RENTAL AGENCY. Pearson Butler’s only role in this transaction is to provide 100% payment for the first three days (the “Initial Rental”), as described below.
4. DURATION OF THE PROGRAM. Upon meeting the threshold requirements stated above, Pearson Butler will submit an authorization to pay for a rental car for three (3) days pursuant to your rental contract directly with the car rental agency (the “Initial Rental”). You must return the vehicle after three days, unless Pearson Butler agrees to extend the rental in writing. You understand and agree that should you retain the rental car for longer than the Initial Rental, (“the Extended Rental”) any and all charges arising from the Extended Rental will be your full responsibility and will not be paid for by Pearson Butler. If you fail to return the rental car after the Initial Rental, you agree that the car rental agency may charge your credit card for the Extended Rental charges. Any additional fees or expenses incurred in connection with the Extended Rental will be your full responsibility.
5. TYPE OF CAR RENTED: Upon meeting the threshold requirements stated above, Pearson Butler will submit an authorization to pay for a rental car at a price point as close as possible to $30.00 per day for vehicles available at the time (the “Original Rental”). Pearson Butler cannot guarantee what type of car, if any, that might be available at any given time. You understand and agree that should you direct the rental car agency to provide a more expensive car to you than the Original Rental authorized by Pearson Butler (the “Upgraded Rental”) that you will by fully responsible for any amounts in excess of the Original Rental.
6. TERMS OF THE RENTAL CAR PROVIDER: You understand that Pearson Butler, a law firm, is not directly providing a rental car to you, is not in the business of providing rental cars, and does not have a car rental contract with you. Rather, Pearson Butler is only providing a 100% payment subsidy for the Initial Rental at the Original Rental price through a car rental agency such as Enterprise or Hertz. Pearson Butler reserves the right, in its sole discretion, to determine which car rental agency to utilize at any given time, as well as the right to discontinue use of any particular car agency on a long or short term basis. Further, Pearson Butler does not set or dictate any requirements that any particular rental agency might or may require before providing a rental car to you, as eligibility is strictly dictated by the car rental agency and their standard eligibility criteria
and any conditions within their own rental contracts. Pearson Butler does not have any control over whether any particular rental agency changes or waives their own requirements in connection with providing a rental car to you. You understand and agree that, in order to participate in the Program, you must also meet any requirements established by the respective rental agency in addition to the Qualification Factors stated in Paragraph 2. Pearson Butler is not responsible for any damages arising out of your inability to obtain a rental car due to your failure to meet their renting criteria. You also agree to follow any usage requirements or restrictions established by the rental agency, i.e. taking the car out of state or mileage restrictions, etc. You also agree to follow all traffic laws established by the State of Utah and/or any city in which you use the rental car.
7. DISSATISFACTION WITH RENTAL CAR: Should you experience dissatisfaction, problems, or harm in connection with the rental car provided to you, you agree to report the problem immediately directly to the rental agency. You understand that your sole remedy and recourse is through the rental car agency and any provisions within their rental agreement with you, and that you have no additional or supplemental remedy or recourse against Pearson Butler for any reason whatsoever. Pearson Butler does not make any warranties, guarantees, or representations regarding any car that might be provided to you through the rental car agency or any services or any kind provided in connection with the rental.
8. PRIVACY POLICY: By using the Program, you consent to the collection and use of certain information about you, which includes, but it not limited to, your name, phone number, address, email address, and facts relating to your car accident. Pearson Butler will not disseminate your information to any third party, except as described herein. You consent to the use of this information in connection with the Initial Rental, any communication necessary in order to do that, and any communication necessary for Pearson Butler to acquire reimbursement through relevant insurance agencies or other entities associated with the respective car accident, etc. Finally, you consent to and request that Pearson Butler contact you regarding your accident. You also agree that if you are already represented by another attorney in relation to your car accident, you will immediately notify Pearson Butler of such representation. There is no obligation to retain Pearson Butler’s services to be eligible to participate in the Program.
9. CHANGES TO THE PROGRAM: Pearson Butler reserves the right to make changes to the Program at any time, or to discontinue the Program entirely, without prior notice. Such changes may include, but are not limited to the daily reimbursement amount, the duration of the Original Rental, and/or the total number of rentals provided by Pearson Butler per week or month. If Pearson Butler makes any changes to the Program during a rental period, Pearson Butler will honor the original terms at the initiation of an Original Rental.
10. NO ATTORNEY-CLIENT RELATIONSHIP: Pearson Butler is a law firm that provides, among other things, legal representation for persons who have been injured in an accident. Mere participation in the Program does not form or constitute an attorney-client relationship between you and Pearson Butler. An attorney-client relationship does not form unless and until a separate formal legal services fee agreement is signed by both you and an authorized Pearson Butler attorney. No material or information posted in connection with the Program is intended to constitute legal advice or meant to be used as a substitute for legal advice. Should you desire to be provided with legal advice, Pearson Butler will provide such advice to you during a formal consultation at no cost. Choosing an attorney is an important decision and you should decide which attorney to use based
on more factors than the providing of a rental car to you. Accidents and legal disputes are fact-sensitive and require customized legal advice after direct consultation with a qualified attorney.
11. ASSIGNMENT OF BENEFITS: You hereby grant an irrevocable, limited assignment of benefits to Pearson Butler for reimbursement of any rental fees provided to you under any available insurance policy. The assignment only relates to the dates of rentals provided to you and/or the amounts that Pearson Butler actually advanced, up to the maximum daily benefit of any available insurance coverage. Any additional benefits apart from those described above that may still exist under any available insurance policy remain with you. Pearson Butler will not attempt to seek reimbursement from you for the Initial Rental at the Original Rental price, even if there is no insurance coverage or recovery in a future personal injury settlement. See Paragraph 13.
12. NO LIABILITY FOR INITIAL RENTAL COSTS: Pearson Butler will attempt to be reimbursed for the costs of the Initial Rental at the Original Rental price through any available insurance coverage applicable to your car accident. You authorize Pearson Butler to seek such reimbursement on your behalf. In the event that no coverage is available, you will not be liable for any amounts relating to the Initial Rental at the Original Rental price.
13. LIEN: You hereby consent to and grant a lien upon any future personal injury proceeds for any amounts that Pearson Butler paid that is not reimbursed. The lien only extends to any potential personal injury proceeds and not to any other property or assets. You hereby authorize and grant any attorney working on your case to directly pay to Pearson Butler any amounts left owing. Further, you hereby authorize and direct any insurance company to pay Pearson Butler directly out of any personal injury proceeds any amounts left owing to Pearson Butler.
14. REVOCATION OF THE PROGRAM: Pearson Butler retains the right to temporarily and/or permanently suspend or revoke the Program at any time for any reason, at its sole discretion, and without prior notice. Pearson Butler will honor payment for any car rental authorized prior to revocation or suspension of The Program as described herein.
15. MAXIMUM NUMBER OF RENTALS PER MONTH: Pearson Butler reserves the right to limit the number of rentals per month provided in connection with the Program on a first-come-first-serve basis, and/or a certain number of rentals per week, at its sole discretion.
16. RELEASE, INDEMNIFICATION, AND HOLD HARMLESS: You understand and agree that Pearson Butler is not responsible for any damages of any kind that arise out of, or occur in connection with, your rental agreement(s) with the car rental agency and/or your use of any rental car paid for by Pearson Butler. You understand and agree that, at all times, you are and always will be liable for any damages caused by you during your use of the rental car, including, as an example, but not limited to, causing personal injuries or property damage to yourself or others. You agree to indemnify and hold harmless Pearson Butler for any damages Pearson Butler incurs arising out of your use of the rental car, including any attorney’s fees, costs, or expenses incurred from defending any legal action, regardless of whether a formal lawsuit is filed in court. You also agree to release Pearson Butler of any liability or damages of any kind you may sustain or incur in connection with your use of the rental car and/or participation in the Program.
17. NO THIRD PARTY BENEFICIARIES: This Agreement is not intended to create any third party beneficiaries.
18. WAIVER OF POTENTIAL CONFLICT: You understand that you are entering into a business transaction and/or agreement with a law firm. Being fully informed, you hereby waive any potential conflict that may exist in entering into this business transaction with Pearson Butler.
19. ENTIRE AGREEMENT, MODIFICATION, AND WAIVER. This Agreement, which shall be interpreted and enforced solely and exclusively in accordance with the internal (non-conflicts) laws of the State of Utah applicable to contracts entered into and to be performed entirely within such State, constitutes the entire Agreement between the parties hereto with respect to the subject matter hereof, and it is expressly agreed that any and all prior understandings or agreements between the parties, relating to the subject matter of this Agreement, whether oral or written, are automatically canceled and superseded by the execution of this Agreement. The terms and conditions set forth herein may only be modified in a subsequent writing signed by the parties hereto. Further, no waiver of any rights under this Agreement may be effective unless in writing signed by the waiving party.
20. SEVERABILITY AND COURT MODIFICATION. In the event that any portion, including any part of a section or subsection, of this Agreement is invalid or unenforceable for any reason, all of the remaining portions of this Agreement, including the remaining section or subsection or portion(s) thereof, if any, shall be severable and shall remain in full force and legal and equitable effect. The parties to this Agreement expressly agree that a Court making a determination that any term or provision of this Agreement is unenforceable shall modify the scope, duration, geographical area or other application of the term or provision to such extent that the maximum extent permitted by applicable law shall survive.
21. LEGAL REMEDIES: It is understood and agreed that no failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. In the event that litigation or other legal proceedings relating to this Agreement is initiated, the federal and state courts encompassing Salt Lake County, Utah shall have exclusive and sole jurisdiction and venue for all matters. Further, if a court of competent jurisdiction determines in a final order or judgment that a party hereto has breached this Agreement, such party shall be liable and shall pay to the non-breaching party all reasonable costs and fees, including, but not limited to, attorneys’ fees and court costs which the aggrieved shall have incurred in connection with such litigation, including any appeal therefrom. Further, in the event of breach by a party, the non-breaching party shall be entitled to a temporary and/or permanent injunction as the situation may require to alleviate the breach.
22. ELECTRONIC SIGNATURE: You agree that should you sign this Agreement digitally or through any electronic means that such signature constitutes a valid signature and has the same force and effect as if you personally signed this Agreement.
23. IMPLIED ACCEPTANCE: You agree that your participation in the Program and /or acceptance or utilization of a rental car paid for by Pearson Butler constitutes acceptance of these terms and is tantamount to a physical and/or electronic signature.
24. PRIORITY OF TERMS: These terms and conditions contained herein constitute the only official terms and conditions of the Rental Car Program. These terms and conditions supersede any implied or express contradictions of these terms contained in any marketing or promotional materials or any verbal statements to the contrary.