Bookbuses Inc. Terms & Conditions
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The following terms and conditions (the "Agreement") govern all use of the www.BOOKBUSES.com(together, the "Site") and the products and services available on or at the Site and via any applications made available by BOOKBUSES, Inc. (taken together with the Site, the "Service"). The Service is owned and operated by BOOKBUSES, Inc. ("BOOKBUSES," "Company," "we," "our," or "us"). Part of the Service allowsindividuals, companies, or any other person or entity booking a reservation (referred to as "Customers" as defined below) to search for and book Transportation Providers (as defined below) via Company's platform. Transportation Providers may also register, verify, or modify their information contained in the Service, and accept or "farm out" bookings submitted by Customers, as described in greater detail below. The Service is offered subject to your (whether you are a Customer or a Transportation Provider, the "User" or "you")acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by Company. BY USING OR ACCESSING ANY PART OF THE SERVICE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN; IF YOU DO NOT AGREE, DO NOT USE OR ACCESS THE SERVICE.
Subject to the terms and conditions of this Agreement, Company will provide User with the Services - for use by User only in accordance with all instructions provided by Company (including, without limitation, as may be posted by Company on the Site). Company may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. Company may also impose limits on certain features and services or restrict User's access to parts or all of the Services without notice or liability. Company reserves the right, at its discretion, to modify this Agreement at any time by posting a notice on the Service. User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by User following such notification constitutes User's acceptance of the terms and conditions of this Agreement as modified.
In addition to allowing individuals to search for Transportation Provider contact information and submit requests to book the services of such Transportation Providers, the Service allows such Transportation Providers to register for the Services and verify or modify their information and accept or "farm out"bookings submitted by Customers. In order to do this, such Transportation Providers must register for an Account (see Section 5 of this Agreement).
User certifies to Company that if User is an individual (i.e., not a corporation) User is at least 16 years of age (provided that, if User is located in a state in which 16 is under the age of majority, then User represents he/she has the legal consent of a legal guardian to enter this Agreement). User also certifies that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.
2. SERVICE CONTENT
User agrees that all content (e.g. data and metrics) and materials (collectively, "Content") delivered via the Service or otherwise made available by Company at the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Company in writing, User agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. However, User may print or download a reasonable number of copies of the materials or content at the Site for User's own informational purposes; provided , that User retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any content, materials or design elements on the Site for any other purpose is strictly prohibited without the express prior written permission of Company.
Use of Content for any purpose not expressly permitted in this Agreement is prohibited. Any rights not expressly granted herein are reserved.
3. USER CONTENT
User acknowledges and agrees that if User uses the Service to contribute Content (for example, commentary, reviews, or, if User is a Transportation Provider, any information pertaining to such Transportation Provider and its fleet) to the Service ("User Content"), Company (and its successors) is hereby granted a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable right to fully exploit such User Content (including all related intellectual property rights), for any purpose, and to allow others to do so. For clarity, the foregoing license grant does not affect User's ownership rights in User Content. Company reserves the right to remove any User Content from the Service at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content), or for no reason at all.
User represents and warrants that (i) it has all right, power and authority, to contribute all of his/her User Content to the Service and grant the foregoing license, (ii) such content will not infringe the rights of any third party, (iii) User's contribution will not be in conflict with any obligations User has to any third party, and (iv) neither such content, nor the contribution thereof, will violate any laws of regulations. If User is a Transportation Provider, User also represents and warrants that it has obtained and possesses all required permits or licenses for such User to operate its business, and shall immediately notify Company if any such state or federal permit or license expires or is revoked or terminated.
Transportation Provider Ratings and Customer Comments. The Services allow (i) Transportation Providers to rate the quality of Customers with whom they have done business through the Services, and (ii) Customers to submit comments and ratings evaluating the Transportation Providers with whom they have done business through the Services. User hereby acknowledges and agrees that such ratings and comments are supplied directly by Transportation Providers and Customers, as applicable, and that Company does not provide and takes no responsibility for such ratings and comments. User hereby releases Company from any and all liability regarding such ratings and comments on the Services.
User shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. Company reserves the right to bar any such activity.
User shall not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any Company server, or to any of the services offered on or through the Service, by hacking, password "mining", or any other illegitimate means.
User shall not probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service. User shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Service, or any other customer of Company, including any Company account not owned by User, to its source, or exploit the Service or any service or information made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User's own information, as provided for by the Service.
User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or Company's systems or networks, or any systems or networks connected to the Service or to Company.
User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person's use of the Service.
User shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal User sends to Company on or through the Service. User shall not, in connection with the Service, pretend (e.g. through impersonation) that User is any other individual or entity.
User shall not use the Service or any Content for any purpose that is unlawful or prohibited by this Agreement, or which infringes the rights of Company or others.
5. REGISTRATION; SECURITY.
Registration. For both (i) a User that is an individual seeking to book a Transportation Provider through the Service (a "Customer") and (ii) a User that is a transportation provider wishing to avail itself of the ability to verify and modify its information on the Services and accept or bookings by Customers (a "Transportation Provider"), as a condition to using certain features of the Service, such User will be required to register with Company (an "Account") and select a password and User name (which may be a User's email address) ("Company User ID"). In each instance, User shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User's Account. User may not (a) select or use as a Company User ID a name of another person with the intent to impersonate that person; or (b) use as a Company User ID a name subject to any rights of a person other than User without appropriate authorization. Company reserves the right to refuse registration of, or cancel a Company User ID in its discretion. User shall be responsible for maintaining the confidentiality of User's Company password and other Account information.
Customers. When a Customer registers for an Account, Customer shall be able to use the Service to send a request to book the services of a Transportation Provider (each a "Trip"). By using the Services, each Customer agrees to review all safety information regarding a Transportation Provider available through the Services prior to booking. Furthermore, Customer acknowledges and agrees that the Services may not be a complete and accurate representation of Transportation Provider's information, and it is Customer's responsibility to perform its own independent review of Transportation Provider's services. By using the Services, Customer hereby releases Company from any and all loss, damage, and liability arising from Customer's selection and use of a Transportation Provider through the Services.
Transportation Provider. As part of the registration process, the Transportation Provider must provide certain requested information regarding Transportation Provider's insurance and applicable permits, including, but not limited to, permit numbers and expiration dates of insurance policies and permits. A Transportation Provider must immediately notify Company of any change in its insurance coverage, and Company reserves the right to immediately terminate the Transportation Provider's Account for any failure to do so. For the sake of clarity, failure of Transportation Provider to maintain insurance does not remove or otherwise affect Transportation Provider's indemnification obligations hereunder. Furthermore, a Transportation Provider must provide Company, on an annual basis, with sufficient written evidence of the Transportation Provider's compliance with applicable safety regulations and required permits, licenses, and insurance certificates. Company reserves the right, but does not have the obligation, to independently verify any and all information provided by a Transportation Provider to Company, and each Transportation Provider shall cooperate with Company in connection with any such verification. Transportation Provider must furnish company with a US DOT number.
Transportation Provider Warranties and Driver Policy. By using the Services, Transportation Provider represents and warrants that (i) all inventory displayed by Transportation Provider through the Services is provided by and operated by Transportation Provider and not a third party, (ii) it is Transportation Provider's sole responsibility to ensure that any and all vehicles provided by Transportation Provider are in accordance with all applicable laws, rules, and regulations, (iii) that all drivers engaged by Transportation Provider to provide services possess all necessary licenses and permits and meet all requirements under applicable law, and (iv) it is Transportation Provider's sole responsibility to ascertain what laws apply to it in its performance under this Agreement and it shall only accept and perform Trips as allowed under applicable law.
Deactivation Policy. If a User elects to deactivate the User's Account, User acknowledges and agrees that, while the Account will not be active, Company may retain information pertaining to such Account in the event such User wishes to reactivate the Account at a later date. By registering for an Account, User hereby consents to the foregoing.
6. BOOKING POLICY
Bus service Reservations. BookBuses provides the Reservation Services to User for the purpose of assisting User in securing transportation services through third-party Bus management companies.
In response to a User's online request for a transportation service (the "Request") - which requires User to leave a contact e-mail address and/or phone number - BookBuses contacts multiple Transportation Providers and offers them the opportunity to submit an offer for each request (the "Quote"). BookBuses collects quotes from Transportation Providers on the BookBuses site, once quotes are collected, BookBuses shares them with User via the BookBuses site and an alert to User via the provided email address or phone number. By accessing BookBuses site, User can compare offers, verify the contacts of the bus companies that provided the quotes, identify the preferred quote and complete the reservation via the BookBuses site. To ensure the quality of service provided by the Transportation Providers, the quotes offered will be valid for 48 hours from the moment they are shared with the User. Once a reservation is made by User through the BookBuses site, BookBuses will provide confirmation of the reservation to User by email. By using the Reservation Services, User agrees to receive reservation confirmations by email after booking a reservation through the Reservation Services.
In the event a Transportation Provider "farms out" a request to a verified Transportation Provider and that Transportation Provider accepts the request for a Trip, such verified Transportation Provider shall be obligated to perform the Trip in accordance with this Agreement.
No binding obligation between Customer and Transportation Provider exists until the applicable Transportation Provider accepts Customer's request. Customer acknowledges and agrees that (i) Company is in no way selecting Transportation Providers for Customer, but is merely acting as a convenient method through which Customer selects and hires a Transportation Provider, and (ii) Company reserves the right to decline provision of services in the event a worthy Transportation Provider cannot be confirmed.
Inventory Policy. When a Trip is accepted, Company shall use reasonable efforts to ensure that the vehicle type and passenger capacity of the vehicle(s) ordered by Customer are reasonably similar to the vehicle type and passenger capacity of the vehicle(s) Transportation Provider provides on the day of the Trip. However, Customer acknowledges and agrees that Company cannot guarantee the exact inventory (e.g., type of vehicle or passenger capacity) Customer ordered will be provided or that a Customer's Trip will be booked with the exact Transportation Provider requested by Customer. Users acknowledge and agree that each Transportation Provider, not Company, is solely responsible for ensuring that all vehicles are in good condition, that all necessary permits and licenses have been obtained, and that Transportation Provider is in compliance with all applicable regulations, safety standards, and laws.
Recommended Transportation Providers. The Services may include a feature through which certain Transportation Providers are "recommended" to Customers based on selected criteria, which may include, but are not limited to, Department of Transportation safety data and other performance metrics. User acknowledges that such "recommendations" (i) are not an endorsement, guarantee, or warranty by Company, (ii) are determined by certain pre-set equations and metrics of Company's, and (iii) are merely provided as a convenience to assist Customers in making a decision and are just one of many criteria a Customer should consider when choosing a Transportation Provider. User hereby releases Company from any and all liability regarding using the recommendation feature of the Services. For additional detail about recommendations, please see the FAQ at www.bookbuses.com/faq .
Customer Relationship Management Policy ("CRM Policy"). The Services may allow Transportation Providers to enter Customer information into and/or create Customer Accounts on the Services (e.g., when a customer calls the Transportation Provider, who then enters the Customer's information directly into the Services). Transportation Provider agrees that this feature is being offered as a convenience only and Company is in no way liable for (and Transportation Provider hereby releases Company from) any losses, including but not limited to lost business, lost revenue, lost customers, or other losses attributable to using the Services in this way (e.g., if customers of a Transportation Provider elect to use other Transportation Providers through the Services).
7. PAYMENTS AND BILLING
General User Payment Terms. The following payment terms apply to all Users.
Payment Processing and Direct Deposit. We use a third-party payment processor (the " Payment Processor ") to process payments through a payment account linked to your Account on the Services (your "Billing Account ") for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor. Transportation Providers may also receive payment via direct deposit to such Transportation Provider's pre-authorized bank account. Subject to the terms and conditions of this Agreement (including, but not limited to, a Customer's right to dispute certain charges as set forth herein), seven (7) days after a Transportation Provider "closes" a Trip, the fees due to Transportation Provider shall be authorized for direct deposit into Transportation Provider's pre-authorized bank account. We reserve the right to correct any errors or mistakes that are made even if the Payment Processor has already requested or received payment, and to provide any necessary refunds or adjustments, including by making direct deposits, debits, or credits to a pre-authorized bank account as applicable (e.g., Company reserves the right to credit or debit a Transportation Provider's pre-authorized bank account in order to correctly reflect the fees due after necessary adjustments are made). Money may also be held in escrow and paid upon "closing" a Trip.
Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE IN WRITING TO SUPPORT@BOOKBUSES.COM FOR CUSTOMER AND TO ADMIN@BOOKBUSES.COM FOR TRANSPORTATION OPERATOR.
Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Disputed Payments, Refunds, and Damage Payments. Subject to the terms and conditions of this Agreement, Customers may dispute charges submitted by a Transportation Provider through the Service and may request a refund for use of the Services. In such instances, a User acknowledges and agrees that (i) Company is merely acting as a broker between Customer and the Transportation Provider, in order to provide a convenience to Customer, (ii) each such instance is handled on a case by case basis, and (iii) there is no guarantee that Customer shall receive a refund or be entitled to a decrease in fees charged. Each Transportation Provider acknowledges and agrees that Company may, in its sole discretion, choose to refund fees to certain Customers, and that Company shall have no liability to Transportation Provider for any refunds Company elects to make. Furthermore, each Transportation Provider hereby acknowledges and agrees that Company may, in its sole discretion, elect to modify damage payments and additional expenses submitted by Transportation Provider, and that Company shall have no liability to Transportation Provider therefor.
Customer Payment Terms. The following payment terms apply to Customers.
Customer Cancellation Policy. If a Customer submits a booking through the Service and cancels the booking prior to the date of a Trip, certain charges may apply. If the Customer cancels a booking prior to thirty (30) calendar days before the date of the Trip, the Customer shall not be charged. If the Customer cancels within thirty (30) calendar days before the date of the Trip, the Customer shall be charged thirty percent (30%) of the fees quoted. If the Customer cancels within fourteen (14) calendar days before the date of the Trip, the Customer shall be charged seventy percent (70%) of the fees quoted. If the Customer cancels within seven (7) calendar days before the date of the Trip, the Customer shall be charged 100 percent (100%) of the fees quoted. A change of date shall be deemed a cancellation. We can sometimes waive cancellation fees on change of date as long as there is availability, the same bus partner is used and the total cost of your trip does not change.
Adjusted Costs Post-Trip. After completion of a Trip, additional expenses and costs may be incurred, and the initial fee quoted to a Customer may change to account for such expenses and costs. The Transportation Provider may adjust fees after a Trip to account for any extra costs (e.g., extra hours, tolls, parking) or damages incurred during the Trip. In such event, Transportation Provider shall submit such adjustments to Company within five (5) calendar days, and Customer will be charged and receive a notice of such adjustments when a Transportation Provider "closes" a Trip via the Services. For seven (7) days from the date of such notice, Company (in Company's sole discretion) or Customer shall have the right to dispute such extra charge(s) in accordance with this Agreement. If neither Company nor Customer disputes the extra charge(s), such fees shall remain charged to Customer after such seven (7) day period, and Customer waives any right to dispute such fees thereafter.
Transportation Provider Payment Terms. The following payment terms apply to Transportation Providers.
Recurring Billing. Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, EMAIL BOOKBUSES AT ADMIN@BOOKBUSES.COM .
Reaffirmation of Authorization. Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.
Transportation Provider Rates. Unless otherwise agreed between Company and the applicable Transportation Provider, Transportation Providers shall charge the Customer a lower retail rate or maximum the same rates as Transportation Provider charges other persons not referred by the Service.
8. THIRD PARTY SITES
The Services may permit User to link to other websites or resources on the Internet, and other websites or resources may contain links to the Service (such as websites operated by Transportation Providers). These other websites are not under Company's control, and User acknowledges that Company is not responsible or liable for any products or services available through such websites. The inclusion of any such link does not imply endorsement by Company. User further acknowledges and agrees that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, products, information, or services available on or through any such website or resource.
User is responsible for all of its activity in connection with the Service. User shall defend, indemnify, and hold harmless Company, its affiliates and each of its, and its affiliates' employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from User's (i) use or misuse of the Service; (ii) access to any part of the Service, (iii) User Content, (iv) violation of this Agreement, and (v) Customer's final selection of a Transportation Provider. Furthermore, if a Transportation Provider (a) enters information regarding a user that is not a Customer into the Company Services, or (b) "farms out" a Trip to a company that is not a verified Company Transportation Provider, such Transportation Provider agrees to defend, indemnify, and hold harmless Company, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from (a) or (b).
10. WARRANTY DISCLAIMER
THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY AND ALL THIRD PARTY INFORMATION PROVIDED THROUGH THE SERVICE) IS PROVIDED BY COMPANY ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. COMPANY MAKES NO WARRANTY THAT (I) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) THE RESULTS OF USING THE SERVICE WILL MEET USER'S REQUIREMENTS. PARTICULARLY, COMPANY MAKES NO WARRANTIES WITH RESPECT TO THE ACCURACY OF ANY VEHICLE INFORMATION OR DATA PRESENTED VIA THE SERVICE, AND COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES THAT MIGHT OTHERWISE PASS THROUGH FROM USER (IF SUCH USER IS A TRANSPORTATION PROVIDER) TO A USER ACCESSING SUCH COMPANY'S INFORMATION VIA THE SERVICES OR OTHERWISE ENGAGING SUCH COMPANY. USER'S USE OF THE SERVICE IS SOLELY AT USER'S OWN RISK.
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE OR TRANSPORTATION. COMPANY IS SIMPLY A BROKER FOR BOOKING TRAVEL AND IS NOT LIABLE FOR ANY DAMAGES CAUSED BY TRANSPORTATION PROVIDER OR THE USER, INCLUDING BUT NOT LIMITED TO (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, EVEN IF FORESEEABLE, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR ANY ERRORS OR OMISSIONS IN ANY DATA OR INFORMATION OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USER'S USE OF ANY DATA OR INFORMATION POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE AT OR THROUGH THE SERVICE, (IV) COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OR LIABILITY RESULTING, DIRECTLY OR INDIRECTLY, FROM USER'S INABILITY TO ACCESS OR OTHERWISE USE THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY DELAYS OR INTERRUPTIONS DUE TO ELECTRONIC OR MECHANICAL EQUIPMENT FAILURES, DENIAL OF SERVICE ATTACKS, DATE DATA PROCESSING FAILURES, TELECOMMUNICATIONS OR INTERNET PROBLEMS OR UTILITY FAILURES). CUSTOMER HEREBY ACKNOWLEDGES THAT NEITHER COMPANY NOR A TRANSPORTATION PROVIDER SHALL HAVE ANY RESPONSIBILITY WHATSOEVER FOR ANY PERSONAL PROPERTY OF THE CUSTOMER. CUSTOMER'S PERSONAL PROPERTY SHALL BE CARRIED SUBJECT TO AVAILABLE ACCOMMODATIONS (AS DETERMINED SOLELY BY THE TRANSPORTATION PROVIDER). THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Company may terminate User's access to all or any part of the Service at any time, with or without cause, effective upon notice thereof to User (provided that, if Company determines there may be an immediate threat to Company, it may terminate such access without notice). Furthermore, Company may allow a Transportation Provider to cancel a Trip (i) in response to a Customer's prior cancellation of a Trip or (ii) if the Transportation Provider "farms out" the Trip to another Transportation Provider. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability. After the termination of a User's access to the Services, Company may retain all historical information associated with such User's Account.
13. EXPORT AND TRADE CONTROLS
User agrees not to import, export, re-export, or transfer, directly or indirectly, any part of the Service or any information provided on or pursuant to the Service except in full compliance with all United States, foreign and other applicable laws and regulations.
All content included in connection with the Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Company or its content suppliers and protected by United States and international copyright laws. The compilation of all content in connection with the Service is the exclusive property of Company and protected by U.S. and international copyright laws. All software used in connection with (or provided through) the Service is the property of Company or its software suppliers and protected by United States and international copyright laws.
16. ELECTRONIC COMMUNICATIONS
When User visits the Site or sends e-mails to Company, User is communicating with Company electronically. User hereby consents to receive communications from Company electronically. Company will communicate with User by e-mail or by posting notices on the Service. User agrees that all agreements, notices, disclosures and other communications that Company provides to User electronically satisfy any legal requirement that such communications be in writing.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with Company's prior written consent. Company may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the state of New York, as if made within New York between two residents thereof, and the parties submit to the exclusive jurisdiction and venue of the state and Federal courts located in New York City, New York. Notwithstanding the foregoing sentence, (but without limiting either party's right to seek injunctive or other equitable relief immediately, at any time, in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be settled by arbitration in accordance with the rules and procedures of the Judicial Arbitration and Mediation Service, Inc. ("JAMS"). The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties and enforceable in any court. The arbitration proceeding shall take place in New York City, New York using the English language. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement.
Severability. If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
Assignment. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by User, but may be freely transferred, assigned, or delegated by Company
Waiver. Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.