The Idea Box – powered by Proforma (TIB), requires that all visitors to this Website ("Site") adhere to these Terms and Conditions. Visitors are defined as eligible customers ("Users") of Ryder Truck Rental, Inc. ("Ryder") who have been invited to participate in the Ryder RedZone program ("Program"). TIB and Ryder shall hereinafter be referred to as “We”. By accessing the Site, Users represent acknowledgment and acceptance of these Terms and Conditions.
General Program Terms
- Only Users with an address in the United States or Canada may participate in the Program.
- Notwithstanding anything to the contrary herein, Users in the following categories may be legally prohibited from participating in the Program and are therefore not eligible to participate in, or benefit from, the Program or utilize any Points that may have been accumulated pursuant to the Program: a. non-U.S. or Canadian Users; b. State, Municipal and Federal government Users; c. other government or quasi-government Users or agencies/entities; d. employees or elected officials of any government body, or members of any government or school board or commission or other government related entity; e. employees of foreign governments and/or employees of companies owned in whole or in part by a foreign government; or f. immediate family members, dependents or households of anyone in category (a) through (e) above.
- Only a maximum of 1 representative per customer Program account may be registered in the Program at any time. Duplicate accounts and/or Points earned not in accordance with this Site will be cancelled upon notification from the User or Ryder’s discretion.
- The Program will begin January 2016 and will operate for the length of time determined by Ryder.
- There are no User fees required to participate in this Program.
- Ryder has the right to terminate, restrict or suspend the Program at any time without notice. As of the termination date, Users will no longer be able to earn or redeem Points for rewards. The Program is void where prohibited or restricted by law.
- Ryder reserves the right to vary, limit, alter or amend any or all parts of this Program at its absolute discretion at any time without notice. Any change in this Program will apply to unredeemed Points as well as points Users may earn in the future. Neither TIB nor Ryder assumes any liability for any changes to this Program. For the avoidance of doubt, such change may cause a status demotion as per paragraph 13 below (and the status requirements set forth therein).
- To be eligible for this Program, Users must be representatives of Ryder target customer groups with the authority to purchase Ryder rental products and services on behalf of their organization. All eligibility is determined by Ryder.
- Program earnings ("Points") are based on payout grids and other eligibility requirements as posted on this Site. In all cases, Users must be actively employed in the capacity as an eligible Ryder customer to earn and redeem Points. Points are 10% of the net rental spend. This does not include mileage, insurance, waste removal, tax, or any other add on. Lease extras are eligible. Payout rules and percentages may change at any time. Final decisions regarding Point earnings or eligibility are made by Ryder.
- Users may redeem Points for rewards at any time while they are eligible Program participants and while User’s or company’s account is in good standing. Users who are de-activated for any reason are no longer able to redeem Points. Users may not be eligible to earn or redeem Points if one or more accounts is/are closed, past due, or otherwise in default.
- Points expire 18 months from the date of deposit. Once Points have expired, they will not be reinstated.
- RedZone Members that have not had rental activity in a 12 month period will be deactivated. However, can re-enroll at any time but will no longer have the previous points available that were lost when the account was originally deactivated.
- Redemption of all rewards is subject to availability.
- By participating in this Program, Users accept that email communication will be sent to Users for Program-related notifications, confirmations and information unless a User opts-out of such email communication.
- Points accumulated are not exchangeable for rewards outside of this Site other than those defined by Ryder nor are they refundable, replaceable or transferable for cash or credit under any circumstances except by Ryder should the designated enrollee in a given Customer organization change, in which case Ryder reserves the right to transfer the remaining balance of Points accumulated based on that Customer's spend to the newly enrolled User. Users may not combine or otherwise transfer Points with or to other persons. The sale of any Program reward is expressly prohibited.
- Users known to be engaged in inappropriate activity may forfeit accumulated Points at Ryder's absolute discretion and their account will be terminated immediately. Inappropriate activity may relate to accumulation of Points, ineligible role within the Customer organization, or any other activity deemed inconsistent with the nature and intent of this Program.
- Users expressly agree to (a) provide true, accurate, current and complete information about himself/herself and the company as prompted by the “Self Registration – (My Profile)” form, and (b) maintain and promptly update the registration data found in “My Account”) to keep it true, accurate, current and complete. If you provide any registration information that is untrue, inaccurate, not current, or incomplete, TIB and Ryder have the right to suspend, terminate, or refuse such User’s current or future use of the Program.
- Failure to enforce a particular term or condition does not constitute a waiver of that term or condition.
- Users agree not to violate these Terms and Conditions or any requirements, procedures, policies or regulations of the Program, of any networks connected to it. Ryder may terminate a User’s account if such User violates these Terms and Conditions.
- Participation in this Program is voluntary and should be in accordance with the member's own company policies and guidelines. By acknowledging and accepting these Terms and Conditions, the User affirms that he/she will not violate his/her own company’s policies and guidelines.
- Should products become available to Customers at an incorrect point value due to a system error, and Customers attempt to purchase such products at the erroneous point value, TIB reserves the right to cancel all orders placed, and refund all points. Should such an error arise, TIB will notify all affected Customers.
- Use of Site. Users have limited permission to access and make purchases on this Site provided they do not modify, alter or download (other than page caching) any portion of it. The permission granted shall terminate automatically if there is any breach any of these Terms and Conditions. TIB reserves the right to modify or remove any materials or products listed on the Site at any time without notice.
- Prohibited Use of Site. Users shall not make any commercial use of this Site or its contents, product listings, descriptions, or prices. You further agree not to download or copy any account information for the benefit of any merchant or use any data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You agree not to interfere, disrupt or attempt to gain unauthorized access to other accounts that use this Site or any other computer network. You further agree not to disseminate, store or transmit software viruses or any other malicious code, files or programs or engage in any other activity deemed by us to be in conflict with the spirit or intent of these Terms and Conditions.
- Equipment. Users shall be solely responsible for providing, maintaining and ensuring compatibility with the Site including all hardware, software, electrical and other physical requirements for use of this Site, including, without limitation, telecommunications, internet access connections, web browsers or other equipment, programs and services required to access and use the Site.
- Security. User shall be solely responsible for any authorized or unauthorized access to User's account by any person. You agree to bear all responsibility for the confidentiality of your password and all use, purchases, or charges incurred from use of the Site with your password. If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
- Privacy. TIB does not sell or release your Personal Information (PI) to third parties for their marketing purposes without your explicit consent. TIB stores and processes User information on computers located in the United States that are protected by physical as well as technological security devices. If you object to your information being transferred or used in this way, please do not use this Site.
- Cookies. When Users visit this Site, TIB may store some information on your computer. This information will be in the form of a "cookie" or similar file and can help us maintain and improve this Site. A "cookie" is a small amount of data that is transferred to your browser by a Web server and can only be read by the server that gave it to you. It functions as your identification card, recording such things as Internet addresses, passwords, and preferences. It cannot be executed as code or deliver viruses. With most Internet browsers, you can erase "cookies" from your computer hard drive, block all "cookies," or receive a warning before a "cookie" is stored. Please refer to your browser instructions to learn more about these functions.
- Accessibility. You agree that, from time to time, this Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs; or (iii) causes beyond TIB’s and Ryder’s control or which are not reasonably foreseeable.
Ownership of Intellectual Property
- Trademarks. Trademarks, service marks and logos ("Trademarks") used and displayed on this Site are registered and unregistered Trademarks owned by TIB, Ryder or its various third-party partners. Under no circumstances may you use or copy any of the Trademarks. Nothing herein should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site. You may not frame or utilize framing techniques to enclose any Trademarks, brand names, logos, or use any meta tags or any other "hidden text" utilizing Trademarks. Any unauthorized use terminates the permission granted.
- Copyrighted Works. All content contained on this Site, including but not limited to images/video, photos, electronic art, animations, graphics, sounds/audio, information and data, communications programs, Internet links, electronic mail services, user interfaces, executable code, and data formatted, organized, and collected in a variety of forms, including layouts, pages, screens, directories, and databases, are owned by TIB, Ryder and its various third-party partners. You agree that you will not copy, reproduce, modify, alter, create derivative works from, distribute, or publicly display any content (except for your personal non-commercial use) from the Site.
TIB attempt's to be as accurate as possible in providing product descriptions. However, we do not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free. Although we have made every effort to display and describe the likeness of each product (including, without limitation, colors, sizes, imprint areas and designs) as accurately as possible, it is possible that the displayed likeness of the products or services will depend upon the manufacturer's or provider's available graphic image as well as the quality of your monitor. Neither TIB or Ryder guarantees that the Site or your monitor will accurately portray the actual likeness of the products. Products displayed on this Site may be out-of-stock or discontinued and products displayed on this Site are subject to change at any time without notice.
Disclaimer of Warranties
TIB AND RYDER AND THEIR MEMBERS, AGENTS, OFFICERS, DIRECTORS, GOVERNORS, EMPLOYEES, AND SUPPLIERS PROVIDE THIS SITE AND PRODUCTS OFFERED ON THIS SITE "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TIB AND RYDER AND THEIR MEMBERS, AGENTS, OFFICERS, DIRECTORS, GOVERNORS, EMPLOYEES, AND SUPPLIERS DO NOT WARRANT THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE OR THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER TIB NOR RYDER WARRANTS THAT THIS SITE, OR ITS SERVERS, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER TIB NOR RYDER WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR REDEMPTION OF LICENSED OR NON-LICENSED PRODUCTS INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL TIB OR RYDER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THESE TERMS AND CONDITIONS OR THE SERVICES OR PRODUCTS OFFERED ON THIS SITE, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SITE, ANY CHANGES TO OR INACCESSIBILITY OF THE SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SITE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. IN NO EVENT SHALL TIB'S OR RYDER’S TOTAL LIABILITY FOR DIRECT DAMAGES EXCEED $100.00. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS, THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF A PRODUCT OR SERVICE OFFERED ON THIS SITE IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN UNUSED CONDITION TO THE MANUFACTURER OR THE PROVIDER OF THE SERVICE.
Release and Indemnification
- Release. In the event that you have an issue with a purchase or the manufacturer of any products or provider of services offered on this Site, you agree to release TIB and Ryder and their directors, officers, employees, agents, and affiliates from all claims, demands, suits, actions, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
- Indemnification. You agree to indemnify, defend, hold harmless and defend TIB and Ryder and their directors, officers, employees, agents, and affiliates from and against any and all damages, losses, judgments, rewards, expenses, claims, debt, demands or liability, including reasonable costs and attorney's fees, asserted by any person, arising out of or relating to: (a) your breach of these Terms and Conditions; (b) your use of this Site, including any data or work transmitted or received by you; and (c) any prohibited use of the Site as set forth herein in Paragraph 2 of Service Terms.
These Terms and Conditions are effective upon your use of the Site. TIB reserves the right, in its sole discretion and without advance notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Site; (b) suspend your access to or use of all or any portion of the Site; and (c) terminate or amend these Terms and Conditions.
- Amendment. We shall have the right, at any time and without notice, to add to or modify these Terms and Conditions. Your access to or use of the Site after the date such amended terms are delivered to you shall be deemed to constitute acceptance of such amended terms.
- Waiver. No waiver of any term, provision or condition of these Terms and Conditions, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
- Severability. If any provision of these Terms and Conditions is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.
- Law. These Terms and Conditions shall be governed by the laws of the State of Florida without reference to conflicts of laws.
- Forum. All actions, claims or disputes arising under or relating to these Terms and Conditions shall exclusively be brought in the federal or state courts in the State of Florida. TIB and User’s company irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over each of TIB and User’s company by the federal and/or state courts in the State of Florida. TIB and User’s company hereby irrevocably waive any and all objections which TIB and User’s company may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in the State of Florida and to the laying of venue of any such suit, action or proceeding brought in any such federal or state court in the State of Florida.
- Deposits. All account transactional activity is subject to Ryder Reward Headquarters' final verification. Reward Headquarters may reverse or otherwise adjust any transactional activity it believes has erroneously been made to a User's account.
THE FOREGOING TERMS AND CONDITIONS ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE AND WILL BE EFFECTIVE IMMEDIATELY UPON POSTING.