1. Acceptance. Use of the Executive Transport Solutions INC ("ETSINC") web sites atwww.ExecutiveTSinc.com (collectively, the "Web Site"), the on-line reservation services (the"Services") provided by ETSINC, and the ETSINC Mobile Applications (each a “Mobile App”),are subject to the terms and conditions of use set forth below ("Terms of Use"), which includeETSINC Privacy Policy, incorporated into these Terms of Use by reference.PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEB SITE, THESERVICES, OR THE MOBILE APP. BY USING THE WEB SITE, THE SERVICES, OR THEMOBILE APP, YOU AGREE TO THESE TERMS OF USE. IF AN INDIVIDUAL IS USING THEWEB SITE, THE SERVICES, OR THE MOBILE APP ON BEHALF OF A BUSINESS ENTITY,WHETHER AS AN EMPLOYEE, CONSULTANT OR AGENT OF SUCH BUSINESS ENTITY, BYDOING SO, SUCH INDIVIDUAL REPRESENTS THAT THEY HAVE THE LEGAL CAPACITY ANDAUTHORITY TO BIND SUCH BUSINESS ENTITY TO THE TERMS OF USE. "YOU" SHALLREFER BOTH TO THE INDIVIDUAL ACCESSING THE WEB SITE, THE SERVICES, OR THEMOBILE APP ON BEHALF OF A BUSINESS ENTITY, IF ANY, AND ANY SUCH BUSINESSENTITY ITSELF. ETSINC MAY CHANGE THESE TERMS OF USE FROM TIME TO TIMEWITHOUT NOTICE, AND SUCH CHANGES WILL BE EFFECTIVE ON THE DATE THEY AREPOSTED ON THE WEB SITE. USE OF THE WEB SITE, THE SERVICES, AND THE MOBILE APPAFTER SUCH CHANGES HAVE BEEN POSTED CONSTITUTES YOUR ACCEPTANCE OF ALLSUCH CHANGES. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THEWEB SITE, THE SERVICES, OR THE MOBILE APP.
2. Use of the Web Site, the Services, and the Mobile App. You may only use the Web Site, theServices, and the Mobile App in accordance with the Terms of Use, any posted policies andprocedures that appear on the Web Site, and for lawful purposes. You agree not to use theWeb Site, the Services, or the Mobile App to: (a) transmit any material that infringes ormisappropriates any third party's copyright, trademark, trade secret, patent, or otherproprietary rights, (b) transmit any material that is false, inaccurate, fraudulent, or misleading,(c) distribute computer viruses, worms, or software intended to damage or alter a computersystem without the owner's consent, (d) use "auto-responders," "cancel-bots," or other similarmechanisms that generate excessive network traffic, (e) transmit any unlawful, harmful,defamatory, pornographic, obscene, vulgar, threatening, harassing or otherwise objectionablematerial, (f) send or relay any unsolicited advertising or chain letters, (g) exceed your permittedaccess or attempt to gain unauthorized access to the Web Site, the Services, or the MobileApp, or any part thereof, or other accounts, computer systems or networks, through loginpassword mining or any other means, (h) frame any portions of the Web Site, the Services, orthe Mobile App within another web site or establish links from any other web site to any pageof the Web Site other than the home page or (i) resell use of, or access to, the Web Site, theServices, or the Mobile App to any third party without ETSINC’s prior written consent. ETSINCreserves the right to terminate your access to the Web Site, the Services, or the Mobile App atany time without notice if we determine, in our sole discretion, that you have abused or violatedany of these terms and conditions.
3. Mobile Charges. You are responsible for payment of any costs or expenses incurred as aresult of downloading and using any Mobile App, including any operator network and roamingcharges. Please check with your service provider for details.
4. Mobile Application License. Subject to your compliance with these Terms of Use, ETSINCgrants you a limited non-exclusive, non-transferable license to download and install a copy ofthe Mobile App on a single mobile device that you own or control and to run such copy of theMobile App solely for your use.Unless otherwise agreed in writing you shall not (i) license, sublicense, sell, resell, transfer,assign, distribute or otherwise commercially exploit or make available to any third party theMobile Apps or Services in any way; (ii) modify or make derivative works based upon the
Mobile Apps; (iii) create Internet “links” to the Web Site or “frame” or “mirror” the Mobile Appsor Services on any other server or wireless or Internet-based device; (iv) reverse engineer oraccess the Mobile Apps or Services in order to (a) design or build a competitive product orservice, (b) design or build a product using similar ideas, features, functions or graphics of theServices or Mobile App or Services, or (c) copy any ideas, features, functions or graphics of theWeb Site, Services, or Mobile App, or (v) launch an automated program or script, including, butnot limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses orworms, or any program which may make multiple server requests per second, or undulyburdens or hinders the operation and/or performance of the Web Site, Services, or Mobile App.
5. ID Number, Password and Security. You are responsible for maintaining the confidentiality ofany user ID and/or password provided to you by ETSINC for use in connection with the WebSite, the Services, or the Mobile App. You are solely responsible for all activities that occurunder your user ID and/or password, and you agree to notify ETSINC immediately of anyunauthorized use of your user ID and/or password or any other breach of security related to theWeb Site, the Services, or the Mobile App. ETSINC WILL NOT BE LIABLE FOR ANY LOSS ORDAMAGE ARISING FROM YOUR FAILURE TO SAFEGUARD YOUR USER ID AND/ORPASSWORD OR TO COMPLY WITH THIS SECTION.
6. Services. ETSINC’s provision to you of the Services may be subject to other terms,conditions and restrictions posted on the Web Site, the Mobile App or otherwisecommunicated in writing to you by ETSINC, including via email. The Services are subject toavailability and all price quotes are estimates. Please refer to the Frequently Asked Questionspage and/or Service Terms of Use page for more information.
7. Proprietary Rights and Communication with ETSINC.(i) The Web Site and the Mobile App, and certain content therein, the Services, and anyunderlying software may be protected by copyright, trademark, patent, and/or other intellectualproperty and proprietary rights laws and are owned (along with all proprietary rights therein,including all rights, in and to the Web Site, the Services, and the Mobile App, and anysuggestions, ideas, enhancement requests, feedback, recommendations or other informationprovided by you or any other party relating to the Web Site, the Services, or the Mobile App) byeXECUTIVE tRANSPORT sOLUTIONS inc and/or its licensors. You agree that you will not copy,distribute, republish, display, post, transmit, download, or modify any content you obtain fromthe Web Site, the Services, or the Mobile App, or any other ETSINC or licensor ownedintellectual property without ETSINC's prior permission; provided, however, that you maydownload or print a copy of information from the Web Site for your use in learning about,reserving, or using the Services.(ii) Excepting any suggestions, ideas, enhancement requests, feedback, recommendations orany other information deemed proprietary and detailed above in 6(i), any other communicationor material you transmit to us by email or otherwise, including any data, questions, comments,suggestions, or the like is, and will be treated as, nonconfidential and nonproprietary. Except tothe extent expressly covered by our Privacy Policy, anything you transmit or post may be usedby us for any purpose, including but not limited to, reproduction, disclosure, transmission,publication, broadcast and posting. Furthermore, you expressly agree that we are free to useany ideas, concepts, know-how, or techniques contained in any communication you send to uswithout compensation and for any purpose whatsoever, including but not limited to,developing, manufacturing and marketing products and services using such information.
8. Third Party Applications. The Web Site, the Services, and the Mobile App may enable you tolink or connect you to use functionalities of third party applications, services or sites that arenot owned or controlled by ETSINC (“Third Party Applications”). Any Third Party Applicationsare subject to the terms and conditions of the relevant third party provider. ETSINC has nocontrol over and is not responsible or liable for any matters relating to your dealings ortransactions with such third parties and over any third party content, syndicated content,applications, services, sites, advertisements, links, privacy policies and/or practices of anysuch third parties that may be accessible via the Web Site, the Services, or the Mobile App. Itis your responsibility to check the privacy policies and terms of service and usage of all thirdparty sites that you visit prior to downloading or using any such Third Party Applications.
9. Warranty Disclaimer. THE WEB SITE, THE SERVICES, THE MOBILE APP AND ANYINFORMATION PROVIDED THROUGH THE WEB SITE, THE SERVICES, OR MOBILE APP,INCLUDING ANY THIRD PARTY APPLICATIONS OR THIRD PARTY PROVIDED INFORMATION,ARE PROVIDED BY ETSINC ON AN "AS IS" BASIS, AND NEITHER ETSINC NOR ITSSUBSIDIARIES, PARTNERS, AFFILIATES, VENDORS OR SUBCONTRACTORS MAKE ANYREPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THEOPERATION OF THE WEB SITE, THE SERVICES, OR THE MOBILE APP OR THEINFORMATION MADE AVAILABLE BY OR THROUGH THE WEB SITE, THE SERVICES, ORTHE MOBILE APP. IN ADDITION, ETSINC DISCLAIMS ALL WARRANTIES, EXPRESS ORIMPLIED, STATUTORY AND NON-STATUTORY, INCLUDING BUT NOT LIMITED TO, THEIMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, TITLE,QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT,OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR CUSTOM OF TRADE.NEITHER ETSINC NOR ANY OF ITS SUBSIDIARIES, PARTNERS, AFFILIATES, VENDORS ORSUBCONTRACTORS WARRANTS THAT USE OF THE WEB SITE, THE SERVICES, OR THEMOBILE APP WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANYPARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BECORRECTED, OR THAT THE WEB SITE, THE SERVICES, OR THE MOBILE APP ARE FREE OFVIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. Some jurisdictions may notallow the exclusion of certain warranties, so some of the above exclusions may not apply toyou.
10. Limitation of Liability. IN NO EVENT WILL ETSINC, ANY OF ITS SUBSIDIARIES,PARTNERS, AFFILIATES, VENDORS OR SUBCONTRACTORS, INCLUDING THEIRRESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR INDIRECT,INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUTLIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESSINTERRUPTION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE, THESERVICES, OR THE MOBILE APP, OR ANY WEBSITES OR THIRD PARTY APPLICATIONSLINKED TO THE WEB SITE, THE SERVICES, OR THE MOBILE APP, WHETHER BASED ONCONTRACT, TORT OR OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER ETSINCKNEW OR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ETSINC'SAGGREGATE LIABLITY FOR DIRECT DAMAGES ARISING FROM OR RELATING TO THE WEBSITE, THE SERVICES, OR THE MOBILE APP (REGARDLESS OF THE CAUSE OF ACTION,WHETHER UNDER CONTRACT, TORT, OR OTHER LEGAL THEORY) IS LIMITED TO THEGREATER OF (i) THE AMOUNT PAID BY THE USER TO ETSINC FOR THE SPECIFIC SERVICETHAT IS THE SUBJECT OF THE DISPUTE OR (ii) $50. THE FOREGOING LIMITATIONS OFLIABILITY ARE INDEPENDENT OF, AND SHALL APPLY REGARDLESS OF, ANY FAILURE OFESSENTIAL PURPOSE OF ANY LIMITED OR EXCLUSIVE REMEDY. You acknowledge thatETSINC has agreed to provide the Web Site, the Services, and the Mobile App in reliance onthe exclusions of liability and disclaimers of warranty set forth herein. Some jurisdictions do notallow the limitation of incidental or consequential damages, so the above limitation may notapply to you.
11. Indemnification. You agree to indemnify and hold ETSINC, its subsidiaries, partners,affiliates, vendors, subcontractors, officers, employees, and agents harmless from any and alllosses, liabilities, damages and/or costs (including reasonable attorneys' fees) arising from anythird-party claims arising from or related to your use of the Web Site, the Services, or theMobile App, or your violation of the Terms of Use or the Privacy Policy.12. Payment. ETSINC uses a third-party payment processor (the “Payment Processor”) to linkyour credit card account to pay for the Services booked on the Web Site and through theMobile App. The processing of payments or credits, as applicable, in connection with your useof the Web Site, the Services, and the Mobile App will be subject to the terms, conditions andprivacy policies of the Payment Processor and your credit card issuer in addition to these
Terms of Use. ETSINC is not responsible for any errors by the Payment Processor. Inconnection with your use of the Web Site, the Services, or the Mobile App, ETSINC will obtaincertain transaction details, which ETSINC will use solely in accordance with the Privacy Policy.13. Privacy. ETSINC takes the privacy of you and your information very seriously. For furtherinformation about what information we collect and how we use such information, please viewour Privacy Policy [link to Privacy Policy].14. Severability. If any part of these Terms of Use shall be held or declared to be invalid orunenforceable for any reason by any court of competent jurisdiction, such provision shall beineffective but shall not affect any other part of these Terms of Use.15. Waiver; Remedies. The failure of ETSINC to partially or fully exercise any rights or thewaiver of ETSINC of any breach of these Terms of Use by you, shall not prevent a subsequentexercise of such right by ETSINC or be deemed a waiver by ETSINC of any subsequent breachby you of the same or any other term of these Terms of Use. The rights and remedies ofETSINC under these Terms of Use and any other applicable agreement between you andETSINC shall be cumulative, and the exercise of any such right or remedy shall not limitETSINC's right to exercise any other right or remedy.16. International Access. The Web Site, the Services, and the Mobile App are provided from theUnited States of America and all servers that make it available reside in the U.S.A. The laws ofother countries may differ regarding the access and use of the Web Site and Service. We makeno representations regarding the legality of this Web Site, the Services, or the Mobile App inany other country and it is your responsibility to ensure that your use complies with allapplicable laws outside of the U.S.A.
17. Arbitration. Any and all disputes pursuant to these Terms of Use, or otherwise between theparties, shall be submitted to binding arbitration in the State of New York in New York Countyin accordance with the commercial rules of the American Arbitration Association ("AAA") thenin effect. The arbitration panel shall consist of one (1) neutral arbitrator if the amount incontroversy in less than $25,000, otherwise the panel shall consist of three (3) neutralarbitrators, each an attorney with at least five (5) years of experience in the primary area of lawas to which the dispute relates. The costs of the arbitration shall be shared equally by theparties, provided that, the arbitrator may award attorneys costs and expenses to the prevailingparty. The parties agree that any actions or disputes shall be adjudicated between the partieshereto, and shall not be combined with any other actions or disputes of other parties.Notwithstanding the foregoing, this arbitration clause shall not in any way be deemed to limitETSINC’s right to commence an action in an appropriate court (and without submitting toarbitration) to protect its intellectual property rights or enjoin prohibited use of the Web Site, theService, and the Mobile App.
18. Governing Law. The laws of the State of New York shall govern these Terms of Use.Subject to the arbitration provision above, YOU HEREBY EXPRESSLY CONSENT TOEXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN State Of Illinois, FORALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF USE OR YOUR ACCESSOR USE OF THE WEB SITE, THE SERVICE, OR THE MOBILE APP.
19. Force Majeure. ETSINC shall not be responsible for damages caused by delay or failure toperform, in full or in part, any of its obligations in connection with the Web Site, the Services, orthe Mobile App provided that there is due diligence in attempted performance under thecircumstances and that such delay or failure is due to fire, earthquake, unusually severeweather, strikes, government sanctioned embargo, flood, act of God, act of war or terrorism,act of any public authority or sovereign government, civil disorder, delay or destruction causedby public carrier, or any other circumstance substantially beyond the control of ETSINC.
20. Entire Agreement. These Terms of Use and the other policies and terms posted on the WebSite set forth the entire agreement between you and ETSINC on this subject matter andsupersede all other negotiations, understandings, statements and agreements between theparties.
21. Questions. Should you have any questions regarding these Terms of Use you may contactus at Michael@executiveTSinc.com. Notwithstanding the foregoing, ETSINC is under noobligation to provide technical support for the Web Site, the Service, or the Mobile App.
22. PRIVACY POLICYExecutiveTS Application does not collect any personal information.In addition, we do not track usage or use third-party advertising companies to serveads.