Orlando Relax Terms & Conditions
Orlando Relax Website T&C’s
This Orlando Relax Website Terms of Use Agreement (“Agreement”) is a binding agreement
entered into between You (“User” or “you” or “your”) and LF SOLUTIONS & BUSINESS,
LLC dba Orlando Relax Transportation Solutions. User and Company (collectively, “Parties”
and each individual as a “Party”), agree to be bound to the Terms of Use and conditions of
this Agreement and that they have read and understood them, upon accessing any page of
this Website. You also acknowledge, agree and consent to the Company’s data practices as
described in our Privacy Policy. This Agreement governs Your access to and use of the
“Orlando Relax ” Website, including all related documentation, content, functionality, and
services offered on or through orlandorelax.com (collectively, “Website”). The access to and
use of the Website is a privilege, not a right, granted by Company to User.
THE TERMS OF THIS AGREEMENT AFFECT YOUR LEGAL RIGHTS,
RESPONSIBILITIES AND OBLIGATIONS AND GOVERN YOUR USE OF THE WEBSITE,
ARE LEGALLY BINDING, LIMIT COMPANY’S LIABILITY TO YOU AND REQUIRE YOU TO
INDEMNIFY US AND TO SETTLE CERTAIN DISPUTES THROUGH INDIVIDUAL
ARBITRATION. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF THIS
AGREEMENT AND ANY ADDITIONAL TERMS, DO NOT USE THE WEBSITE.
IMPORTANT NOTICE: BY ACCESSING THE WEBSITE, THE USER (A)
ACKNOWLEDGES THAT THEY HAVE READ AND UNDERSTAND THIS AGREEMENT;
(B) REPRESENTS THAT THEY ARE 18 YEARS OF AGE OR OLDER AND OF LEGAL
AGE TO ENTER INTO A BINDING AGREEMENT; (C) AGREES TO NOT ALLOW OTHERS
TO USE THEIR ACCOUNT; AND (D) AGREES TO BE LEGALLY BOUND BY THESE
TERMS OF USE AND CONDITIONS. IF USER DOES NOT AGREE TO THESE TERMS
OF USE AND CONDITIONS, DO NOT ACCESS OR USE THE WEBSITE. EACH USER
MAY ONLY CREATE ONE (1) ACCOUNT. COMPANY RESERVES THE RIGHT TO
REMOVE DUPLICATE ACCOUNTS.
SECTION 25 OF THIS AGREEMENT CONTAINS IMPORTANT ARBITRATION & CLASS
NOTICE PROVISIONS: EXCEPT WHERE SPECIFICALLY SET FORTH BELOW, YOU
AND THE COMPANY AGREE TO SUBMIT AND RESOLVE ALL CLAIMS IN BINDING &
FINAL ARBITRATION ON AN INDIVIDUAL BASIS ONLY, AND NOT ON A CLASS,
COLLECTIVE, OR REPRESENTATIVE ACTION BASIS. THE ARBITRATION PROVISION
ALSO PRECLUDES YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER
ANY CURRENT OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION
BROUGHT AGAINST THE COMPANY BY SOMEONE ELSE. YOU HAVE THE OPTION
TO OPT OUT OF THE ARBITRATION PROVISION WITHIN THIRTY (30) DAYS OF FIRST
REGISTRATION ON THE WEBSITE OR MAKING YOUR FIRST TRANSPORTATION
BOOKING THROUGH THE WEBSITE, WHICH EVER IS EARLIER, AS PROVIDED FOR
IN SECTION 25 BELOW.
OUR AGREEMENT TO ARBITRATE UNDER SECTION 25 APPLIES TO ANY AND ALL
DISPUTES, CONTROVERSIES, PERSONAL INJURIES, OR CLAIMS ARISING OUT OF
OR RELATED TO THE WEBSITE, Transportation Solutions PROVIDED PURSUANT TO
THE WEBSITE, OR OTHERWISE RELATED TO THE TERMINATION OR BREACH OF
THIS AGREEMENT (COLLECTIVELY, “CLAIMS”). AS USED HEREIN, THE PLURAL AND
SINGULAR USES OF “CLAIMS” AND “CLAIM” SHALL BE INTERCHANGEABLE.
WAIVER OF RIGHTS TO JUDGE OR JURY TRIAL: BOTH PARTIES KNOWINGLY,
FREELY AND MUTUALLY AGREE TO WAIVE ANY AND ALL RIGHT(S) TO A TRIAL BY
JUDGE OR JURY ON ANY CLAIM, ISSUE OR DISPUTE BETWEEN THE PARTIES
INVOLVING THIS AGREEMENT OR ANY OTHER LEGAL CLAIM OR DEMAND MADE BY
EITHER PARTY, EXCEPT AS OTHERWISE PROVIDED FOR IN SECTION 25
SUBSECTION B OF THIS AGREEMENT.
1. Ownership and Your Rights to Use the Website and Content.
1. Intellectual Property Rights. Unless otherwise indicated, the Website and all
of its content, is our proprietary property and all source code, databases,
functionality, software, web-application designs, audio, video, text,
photographs, and graphics on the Website (collectively, the “Content”) and
the trademarks, service marks, trade names and logos and all other
intellectual property rights therein contained therein (“Intellectual Property”)
are owned or controlled by us or licensed to us, and are protected by U.S.
and international copyright, trademark, trade dress, patent laws and various
other intellectual property rights and unfair competition laws of the United
States, foreign jurisdictions, and international conventions to the fullest extent
possible. Company owns the copyright in the selection, compilation,
assembly, arrangement, and enhancement of the Content on the Website.
The Content and the Intellectual Property are provided on the Website “AS
IS” for your information and personal use only. Except as expressly provided
in these Terms of Use, no part of the Website and no Content or Intellectual
Property may be copied, reproduced, aggregated, republished, uploaded,
posted, publicly displayed, encoded, translated, transmitted, distributed, sold,
licensed, or otherwise exploited for any commercial purpose whatsoever,
without our express prior written permission. We reserve all rights not
expressly granted to User in and to the Website, Content and the Intellectual
Property.
2. Your Rights to Use the Website and Content. Your right to use the Website
and Content is subject to your strict compliance with the terms in this
Agreement and any Additional Terms. Your right to access and use the
Website and the Intellectual Property shall automatically terminate upon any
violations. These rights are non-exclusive, limited, and revocable by us at any
time in our sole discretion without advance notice or liability. As your right to
access and use the Website and the content is personal to you, you may not
assign nor transfer your right; any attempt to do so is void. You may, for your
personal, non-commercial, lawful use only:
2. (1) Display, view, use, and play the Content on a computer, mobile or other internet
enabled or permitted device (“Device”) and/or print one copy of the Content
(excluding source and object code in raw form or otherwise) as it is displayed to you;
(2) Stream the Content using any of the widgets and/or other digital streaming
internet video players, if any, provided on the Website;
(3) Subject to any applicable Additional Terms, if the Website includes a “Send to
Friend,” social media sharing or similar tool that allows you to initiate and send to
one or more of your contacts a communication that includes content, or to post our
content to third-party services or your own site or online service, and the tool is
operational, use the tool to do so; provided, however, that you do not do so in any
manner that violates applicable law or third-party rights or reflects negativity on us,
and only send to recipients you have permission to contact;
(4) If the Website includes a “Download” link next to a piece of content (including,
without limitation, an image, an icon, a wallpaper, a music track, a video, a trailer, an
RSS feed), you may only download a single copy of such content to a single Device;
(5) Download, install and use one copy of any software, including apps, that we
make available on or through the Website (“Software”) on your Device in
machine-executable object code form only and make one additional copy for back-up
purposes; provided, however, that you understand and agree that (i) by allowing you
to download the Software, Company does not transfer title to the Software to you
(i.e., you own the medium on which the Software is recorded, but the Software’s
owner (which may be Company and/or its third-party Software licensor) will retain full
and complete title to such Software); (ii) you may not copy, modify, adapt, translate
into any language, distribute, or create derivative works based on the Software,
except as expressly authorized in the terms of this Agreement or applicable
Additional Terms, without the prior written consent of Company; (iii) you may not
assign, rent, lease, or lend the Software to any person or entity and any attempt by
you to sublicense, transfer, or assign the Software will be void and of no effect; and
(iv) you may not decompile, disassemble, reverse engineer, or attempt to
reconstruct, identify, or discover any source code, underlying ideas, underlying user
interface techniques, or algorithms of the Software by any means whatsoever,
except to the extent the foregoing restriction is prohibited by applicable law;
(6) If made available to you, obtain a registered personal account (and/or related
username and password) on the Website and interact with the Website in ion
therewith;
(7) Link to the Website from a website or other online service, so long as: (a) the
links only incorporate text, and do not use any Company names, logos, or images,
(b) the links and the content on your website do not suggest any affiliation with
Company or cause any other confusion, and (c) the links and the content on your
website do not portray Company or its products or services in a false, misleading,
derogatory, or otherwise offensive manner, and do not contain content that is
unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing,
or abusive, or that violate any right of any third-party or are otherwise objectionable
to Company. Company reserves the right to suspend or prohibit linking to the
Website for any reason, in its sole discretion, without advance notice or any liability
of any kind to you or any third-party; and
(8) Use any other functionality expressly provided by Company on or through the
Website for use by users, subject to this Agreement (including, without limitation,
functionality to create and/or post Submissions (as defined below)) and any
applicable Additional Terms.
3. User Representations. By using the Website you represent and warrant that: (1) all
registration and/or booking information you submit will be true, accurate, current, and
complete; (2) you are authorized to accept these terms, and enter into contracts for
transportation, on behalf of and bind each member of your family (whether they are
related by blood or marriage) traveling in a Company vehicle reserved/booked
through the Website; (3) each entity you use is in good standing under the laws of
the place where it is established; (4) you are authorized to execute any contracts for
transportation on behalf of all parents or legal guardians of any minor riders related
to you; (5) you are authorized to provide us with any personal information given and
authorize us to process that information under our Privacy Policy; (6) you will
maintain the accuracy of such information and promptly update such
registration/booking information as necessary; (7) you, and each family member of
the party for whom you are booking transportation agree to comply with these Terms
of Use and conditions; (8) you are not under the age of 18; (9) you will not access
the Website through automated or non-human means, whether through a bot, script
or otherwise; (10) you will not use the Website for any illegal or unauthorized
purpose; (11) your use of the Website will not violate any applicable law or
regulation.
4. User Registration. Through the Website You may: (a) register a User Account which
holds your personal and credit card information for easy reoccurring use, or (b)
access and reserve, once at a time, transportation service directly through the
website at www.orlandorelax.com by opening the site and clicking the “Book now”
screen and following the prompts to insert your transportation needs and inserting
your personal and credit card information without setting up a Website account.
If you set up an Account, you agree to keep your password confidential and will be
responsible for all use of your account and password. You agree not to transfer or
sell your User account, password and/or identification to any other party. We
reserve the right to remove, reclaim, or change a username you select if we
determine, in our sole discretion, that such username is inappropriate, obscene, or
otherwise objectionable.
5. Orlando Relax User Charges, Cancellation, Refunds, Fees and Photos. I
understand that I am responsible for the User service charges subject to the
following:
6. Service Standard. I authorize the services selected and understand that Orlando
Relax Standard Service may make a few stops before my drop-off location, based
on drop-off locations of other guests traveling with me in the same vehicle. Orlando
Relax reserves the right, in its sole discretion, to sub-contract vehicles from other
transportation entities as needed to meet its obligations under this agreement.
Messaging/Communications. I agree that LF SOLUTIONS & BUSINESS, LLC. d/b/a
Orlando Relax Transportation Solutions, may send me communications to the email
and mobile phone number provided and may call my phone # in order to provide
important information regarding the transportation service I am reserving and am
agreeing to receive. Further, I agree that LF SOLUTIONS & BUSINESS, LLC. d/b/a
Orlando Relax Transportation Solutions (collectively “Company”) may send me
marketing, promotional messages from time to time, the frequency of which Orlando
Relax will make an effort to limit.
Cancellation Policy: Orlando Relax can be changed/canceled more than 24 hours
prior to scheduled arrival pick-up time with no charge. There is a full charge if the trip
is canceled less than 24 hours prior to scheduled pick-up time. There is no charge
for edited information within the 24-hour period.
Refund Policy: Refunds will be processed 24-48 hours after cancellation.
Photo, Video or Picture Release. You hereby give Company, its employees,
independent contractors, agents, assigns, successors or anyone acting under their
authority or permission, the absolute and unqualified right and permission to take,
make, copyright, publish or use photographs, pictures or video of you, or in which
you may be included in whole or in part, or reproductions thereof in color or
otherwise , or your name, signature or endorsement, real or fictitious, anywhere and
as often as desired, for art, advertising, commercial trade, public or private purposes,
or video(s) which may be distributed to others or displayed/played on Company
electronic media, social media and /or website so that others may view it or be used
in any media, for any and all other lawful purpose whatsoever, which Company may,
in its/their sole discretion, deem proper.
7. Reservation of all Rights Not Granted as to Content and Website. User
acknowledges the access to and use of the Website is a privilege, not a right,
granted by Company to User. User does not acquire any ownership interest in the
Website under this Agreement, or any other rights thereto other than to use the
Website in accordance with the Terms of Use, and subject to all terms, conditions,
and restrictions under this Agreement. The terms of this Agreement and any
applicable Additional Terms include only narrow, limited grants of rights to use and
access the Website and Content. Company reserves and shall retain its entire right,
title, and interest in and to the Website, including all copyrights, trademarks, and
other intellectual property rights therein or relating thereto, except as expressly
granted to User in this Agreement. ALL RIGHTS NOT EXPRESSLY GRANTED TO
YOU ARE RESERVED BY COMPANY. Any unauthorized use of any Content or the
Website for any purpose is prohibited.
8. License to Company of Your Submissions. You acknowledge and agree that, except
as otherwise described in any applicable Additional Terms (such as a promotion’s
official rules), which specifically govern the submission of your Submissions, or in
our Privacy Policy, you hereby grant Company, the non-exclusive, unrestricted,
unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and
license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense
(through multiple levels), display, publicly perform, transmit, publish, broadcast,
translate, make derivative works of, and otherwise use and exploit in any manner
whatsoever, all or any portion of, any questions, comments, suggestions, ideas,
feedback, or other information regarding the Website (and derivative works thereof)
(“Submissions”) provided by you to us, for any purpose whatsoever in all formats, on
or through any means or medium now known or hereafter developed, and with any
technology or devices now known or hereafter developed, and to advertise, market,
and promote the same. Without limitation, the granted rights include the right to: (a)
configure, host, index, cache, archive, store, digitize, compress, optimize, modify,
reformat, edit, adapt, publish in searchable format, and remove such Submissions
and combine same with other materials, and (b) use any ideas, concepts, know-how,
or techniques contained in any Submissions for any purposes whatsoever, including
developing, producing, and marketing products and/or services. You understand that
in exercising such rights metadata, notices and content may be removed or altered,
including copyright management information, and you consent thereto and represent
and warrant you have all necessary authority to do so. In order to further effect the
rights and license that you grant to Company to your Submissions, you also, as
permitted by applicable law, hereby grant to Company, and agree to grant to
Company, the unconditional, perpetual, irrevocable right to use and exploit your
name, persona, and likeness in ion with any Submissions, without any obligation or
remuneration to you. Except as prohibited by law, you hereby waive, and you agree
to waive, any moral rights (including attribution and integrity) that you may have in
any Submissions, even if it is altered or changed in a manner not agreeable to you.
To the extent not waivable, you irrevocably agree not to exercise such rights (if any)
in a manner that interferes with any exercise of the granted rights. You understand
that you will not receive any fees, sums, consideration, or remuneration for any of
the rights granted in this Section 5.
9. Collection and Use of User Information / Privacy Policy. Users acknowledge that
when they access the Website, Company may use automatic means (including, for
example, cookies and web beacons) to collect personal, electronic or other
information about you and your computer and about your use of the Website. User
also may be required to provide certain information about yourself as a condition to
accessing, setting up an account, booking transportation or using the Website or
certain of its features or functionality and the Website may provide you with
opportunities to share information about yourself with others. All information we
collect through or in ion with this Website is subject to our Privacy Policy. By
downloading, accessing, using, and providing information to or through this Website,
you consent to all actions taken by us with respect to your information in accordance
with our Privacy Policy. If you provide us with someone else’s personal information,
you: (i) must do so in compliance with applicable law, (ii) must be authorized to do
so, and (iii) authorize us to process that information under our Privacy Policy.
10. Investigations; Cooperation with Law Enforcement. As permitted by applicable law,
Company reserves the right, without limitation, to: (i) investigate any suspected
breaches of its Website security or its information technology or other systems or
networks, (ii) investigate any suspected breaches of this Agreement and any
applicable Additional Terms, (iii) use any information obtained by Company in
accordance with its Privacy Policy in ion with reviewing law enforcement databases
or complying with applicable laws and use and/or disclose any information obtained
by Company to comply with law enforcement requests or legal requirements in
accordance our Privacy Policy, (iv) involve and cooperate with law enforcement
authorities in investigating any of the foregoing matters, (v) prosecute violators of this
Agreement and any applicable Additional Terms, and (vi) discontinue the Website, in
whole or in part, or, suspend or terminate your access to it, in whole or in part,
including any user accounts or registrations, at any time, without notice, for any
reason and without any obligation to you or any third-party.
11. Communications.
1. Text Messages. You may be given opportunities to subscribe to various text
marketing or other text messaging programs and, by doing so, you consent to
receive ongoing text alerts (including via actual or potential auto-dialers) from
us related to our various businesses and affiliates, which may include
co-promotions with or about other parties, except that if the scope of your
consent for a particular subscription is limited, that subscription will be so
limited. Such consent is not required to purchase any product or service aside
from the text subscription itself. You agree that Company may contact you by
phone or text messages (including by an automatic phone dialing system) at
any of the phone numbers you provide or that are provided on your behalf in
ion with your use of our Website or an account set up, including for marketing
purposes. For each subscription, text “HELP” for help and text “STOP” to
terminate (i.e., opt-out of) that subscription. Subsequent or different
subscriptions will be unaffected by an opt-out. You consent to receive a text
confirming any opt-out as well as non-marketing administrative or
transactional messages. If you do not ‘opt out”, Company may contact you as
set forth in our Privacy Policy. If you subscribe to text messages, you
represent that you are 18 years of age or older or have obtained parental
consent. Standard message, data and other fees may be charged by your
carrier, and carriers may deduct charges from pre-paid amounts or data
allowances for which you are responsible. Contact your carrier for details.
Premium rates that we charge (if any) for text messages will be explained in
the applicable subscription consent, otherwise, no purchase is necessary. Not
all phones and/or carriers are supported. We are the sponsor of our text
messages and may be contacted regarding them at
admin@orlandorelax.com. Text programs may be subject to Additional Terms.
2. Email Messages. You may cancel or modify our email marketing
communications you receive from us by following the instructions contained
within our promotional emails. This will not affect subsequent subscriptions
and, if your opt-out is limited to certain types of emails, the opt-out will be so
limited. Subject to applicable law, we reserve the right to send you certain
communications relating to your account or use of our Website, such as
administrative and service announcements, and these informational or
transactional account messages may be unaffected if you choose to opt-out
from receiving our marketing communications.
12. Website Management. We reserve the right, but not the obligation, in our sole
discretion and without limitation, notice or liability to: (1) monitor the Website for
violations of these Terms of Use; (2) take appropriate legal action against anyone
who violates the law or these Terms of Use, including without limitation, reporting
such user to law enforcement authorities; (3) refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of your
Contributions or any portion thereof; (4) remove from the Website or otherwise
disable all files and content that are excessive in size or are in any way burdensome
to our systems; and (5) otherwise manage the Website in a manner designed to
protect our rights and property and to facilitate the proper functioning of the Website.
13. Corrections. There may be information on the Website that contains typographical
errors, inaccuracies, or omissions that may relate to the Website, including
descriptions, pricing, availability, and various other information. We reserve the right
to correct any errors, inaccuracies, or omissions and to change or update the
information on the Website at any time, without prior notice.
14. Operation of Service; Availability of Services; International Issues. Company is
based in the U.S.A. and controls and operates the Website from the U.S.A., and
makes no representation that the Website is appropriate or available for use beyond
the U.S.A. The information Company collects is governed by U.S. law. If you use the
Website from other locations, you are doing so on your own initiative and are
responsible for compliance with applicable local laws regarding your online conduct
and acceptable content, if and to the extent local laws apply. If you are accessing the
Website from outside of the U.S.A., please be aware that information collected
through the Website may be transferred to, processed, stored, and used in the
U.S.A. Data protection laws in the U.S.A. may be different from those of your country
of residence. Your use of the Website or provision of any information therefore
constitutes your consent to the transfer to and from, processing, usage, sharing, and
storage of your information, including personal information, in the U.S.A. as set forth
in the Privacy Policy. Not all services offered on the Website are available in all
areas.
15. Website Updates. Company may from time to time in its sole discretion develop and
provide Website updates, which may include upgrades, bug fixes, patches, other
error corrections, and/or new features (collectively, including related documentation,
“Updates”). Updates may also modify or delete in their entirety certain features and
functionality. User agrees that Company has no obligation to provide any Updates or
to continue to provide or enable any particular features or functionality. Based on
your Computer settings, when your Computer is ed to the internet either:
1. the Website will automatically download and install all available Updates; or
2. you may receive notice of or be prompted to download and install available
Updates.
16. User shall promptly download and install all Updates and acknowledges and agrees
that the Website or portions thereof may not properly operate should you fail to do
so. User further agrees that all Updates will be deemed part of the Website and be
subject to all terms and conditions of this Agreement.
17. Third-Party Materials. The Website may display, include, or make available
Third-party content (including data, information, applications, and other products,
services, and/or materials) or provide links to Third-party websites or services,
including through Third-party advertising (“Third-Party Materials”). User
acknowledges and agrees that Company is not responsible for Third-Party Materials,
including their accuracy, completeness, timeliness, validity, copyright compliance,
legality, decency, quality, or any other aspect thereof. Company does not assume
and will not have any liability or responsibility to you or any other person or entity for
any Third-Party Materials. Third-Party Materials and links thereto are provided solely
as a convenience to you, and you access and use them entirely at your own risk and
subject to such third parties’ terms and conditions.
18. User Data. We will maintain certain data that you transmit to the Website for the
purpose of managing the Website, as well as data relating to your use of the
Website. Although we perform regular routine backups of data, you are solely
responsible for all data that you transmit or that relates to any activity you have
undertaken using the Website. You agree that we shall have no liability to you for
any loss or corruption of any such data, and you hereby waive any right of action
against us arising from any such loss or corruption of such data.
19. Term and Termination; Survival. These Terms of Use shall remain in full force and
effect when you access or use the Website. We reserve the right, in our sole
discretion, to suspend and/or terminate your account and refuse any and all current
or future access and/or use of the Website (or any portion thereof) for any reason
whatsoever without explanation or notice to you. By using the Website, you agree we
have the right to suspend or terminate your account and refuse any and all current or
future use of the Website (or any portion thereof) if you provide any information that
is untrue, inaccurate, not current, or incomplete or if you violate any of the terms and
conditions of this Agreement.
1. The term of Agreement commences when User accesses the Website and
will continue in effect until terminated by you or Company as set forth below in
this Section.
2. You may terminate this Agreement by no longer accessing or using the
Website, deleting any account and removing any link to the website from any
computer or other electronic device.
3. Company may terminate this Agreement at any time, without notice in its sole
discretion. In addition, this Agreement will terminate immediately and
automatically without any notice if you violate any of the terms and conditions
of this Agreement. Upon suspension or termination of your access to the
Website, or upon notice from Company, all rights granted to you under this
Agreement or any applicable Additional Terms will cease immediately, and
you agree that you will immediately discontinue use of the Website. If we
terminate or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed
name, or the name of any Third-Party, even if you may be acting on behalf of
the Third-Party. In addition to terminating or suspending your account, we
reserve the right to take appropriate legal action, including without limitation
pursuing civil, criminal, and injunctive redress.
4. Upon termination:
1. all rights granted to User under this Agreement will also be terminated;
2. User must cease all use of the Website and delete all copies of the
Website, account registration information and any link to it from your
computer or other Electronic Device; and,
3. all rights granted to Company shall survive. Any suspension or
termination will not affect your obligations to Company under this
Agreement or any applicable Additional Terms.
5. Termination will not limit any of Company’s rights or remedies at law or in
equity. The provisions of this Agreement and any applicable Additional Terms,
which by their nature should survive your suspension or termination will
survive, including the rights and licenses you grant to Company in this
Agreement, as well as the indemnities, releases, disclaimers, and limitations
on liability and the provisions regarding jurisdiction, choice of law, agreement
not to seek remedy through class action, and mandatory arbitration.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF
USE, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND
WITHOUT NOTICE OR LIABILITY, TO: DENY ACCESS TO AND USE OF
THE WEBSITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO
ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING
WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR
OF ANY APPLICABLE LAW OR REGULATION ; OR, TERMINATE YOUR
USE OR PARTICIPATION IN THE WEBSITE OR DELETE YOUR ACCOUNT
AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED.
20. Disclaimer of Representations and Warranties. AS PERMITTED BY APPLICABLE
LAW, THE WEBSITE IS PROVIDED TO USER “AS IS” AND WITH ALL FAULTS
AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM
EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN
BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR
RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY
DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY,
OR OTHERWISE, WITH RESPECT TO THE WEBSITE, INCLUDING ALL IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY
ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE,
OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY
PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO
REPRESENTATION OF ANY KIND THAT THE WEBSITE WILL MEET YOUR
REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR
WORK WITH ANY OTHER SOFTWARE, WEBSITES, SYSTEMS, OR SERVICES,
OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR
RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR
DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS
ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE
STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE
EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
21. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR
THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY
LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO
USE THE WEBSITE OR THE CONTENT AND SERVICES PROVIDED THROUGH
IT FOR:
1. PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF
SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF
GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR
MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL,
INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
2. DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED
THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES BOOKED
ON THE WEBSITE.
22. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES
ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR
OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE
FORESEEABLE, OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF
LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY
NOT APPLY TO YOU.
23. Indemnification. User agrees to indemnify, defend, and hold harmless Company and
its officers, executives, directors, employees, agents, affiliates, successors, and
assigns from and against any and all losses, damages, liabilities, deficiencies,
claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or
expenses of whatever kind (including reasonable attorneys’ fees) arising from or
relating to your use or misuse of the Website or your breach of this Agreement,
including but not limited to the content you submit or make available through this
Website.
24. U.S. Government Agency or Contractor Rights. The Application is commercial
computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you
are an agency of the U.S. Government or any contractor therefore, you receive only
those rights with respect to the Application as are granted to all other end users
under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R.
§227.7204, with respect to the Department of Defense and their contractors, or (b)
48 C.F.R. §12.212, with respect to all other U.S. Government licensees and their
contractors.
25. User Restrictions and Prohibited Activities. You may not access or use the Website
for any purpose other than that for which the Company makes it available. The
Website may not be used in ion with any commercial endeavors except those that
are specifically endorsed or approved by us.
As a user of the Website, you agree not to:
1. copy the Website, except as expressly permitted by this Company;
2. modify, translate, adapt, or otherwise create derivative works or
improvements, whether or not patentable, of the Website;
3. reverse engineer, disassemble, decompile, decode, or otherwise attempt to
derive or gain access to the source code of the Website or any part thereof;
4. remove, delete, alter, or obscure any trademarks or any copyright, trademark,
patent, or other intellectual property or proprietary rights notices from the
Website, including any copy thereof;
5. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or
otherwise make available the Website, or any features or functionality of the
Website, to any third party for any reason, including by making the Website
available on a network where it is capable of being accessed by more than
one device at any time;
6. remove, disable, circumvent, or otherwise create or implement any
workaround to any copy protection, rights management, or security features
in or protecting the Website;
7. use the Website in, or in association with, the design, construction,
maintenance, or operation of any hazardous environments or systems,
including any power generation systems; aircraft navigation or communication
systems, air traffic control systems, or any other transport management
systems; safety-critical applications, including medical or life-support
systems, vehicle operation applications or any police, fire, or other safety
response systems; and military or aerospace applications, weapons systems,
or environments;
8. systematically retrieve data or other content from the Website to create or
compile, directly or indirectly, a collection, compilation, database, or directory
without written permission from the Company;
9. make any unauthorized use of the Website, including collecting usernames
and/or email addresses of users by electronic or other means for the purpose
of sending unsolicited email, or creating user accounts by automated means
or under false pretenses;
10. use a buying agent or purchasing agent to make purchases on the Website;
11. use the Website to advertise or offer to sell goods and services;
12. circumvent, disable, or otherwise interfere with security-related features of the
Website, including features that prevent or restrict the use or copying of any
Content or enforce limitations on the use of the Website and/or the Content
contained therein;
13. engage in unauthorized framing of or linking to the Website;
14. trick, defraud, or mislead Company and other users, especially in any attempt
to learn sensitive account information such as user passwords;
15. make improper use of Company’s support services or submit false reports of
abuse or misconduct;
16. engage in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar data
gathering and extraction tools;
17. interfere with, disrupt, or create an undue burden on the Website or the
networks or services ed to the Website;
18. attempt to impersonate another user or person or use the username of
another user;
19. sell or otherwise transfer your profile;
20. use any information obtained from the Website in order to harass, abuse, or
harm another person;
21. use the Website as part of any effort to compete with the Company or
otherwise use the Website and/or the Content for any revenue-generating
endeavor or commercial enterprise;
22. decipher, decompile, disassemble, or reverse engineer any of the software
comprising or in any way making up a part of the Website;
23. attempt to bypass any measures of the Website designed to prevent or
restrict access to the Website, or any portion of the Website;
24. harass, annoy, intimidate, or threaten any of Company’s employees or agents
engaged in providing any portion of the Website to you;
25. delete the copyright or other proprietary rights notice from any Content;
26. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses,
or other material, including excessive use of capital letters and spamming
(continuous posting of repetitive text), that interferes with any party’s
uninterrupted use and enjoyment of the Website or modifies, impairs,
disrupts, alters, or interferes with the use, features, functions, operation, or
maintenance of the Website;
27. upload or transmit (or attempt to upload or to transmit) any material that acts
as a passive or active information collection or transmission mechanism,
including without limitation, software bugs or other similar devices (sometimes
referred to as “spyware” or “passive collection mechanisms” or “pcms”);
28. except as may be the result of standard search engine or Internet browser
usage, use, launch, develop, or distribute any automated system, including
without limitation, any spider, robot, cheat utility, scraper, or offline reader that
accesses the Website, or using or launching any unauthorized script or other
software;
29. use any proprietary information or any of our interfaces or our other
intellectual property in the design, development, manufacture, licensing, or
distribution of any Websites, accessories, or devices for use with the Website;
30. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website;
or
31. use the Website in a manner inconsistent with any applicable laws or
regulations.
26. Procedure for Alleging Copyright Infringement
1. DMCA Notice.
We, the Company, respect the intellectual property rights of others. If you
believe that any material available on or through the Website infringes upon
any copyright you own or control and you would like to send us a notice
pursuant to the Digital Millennium Copyright Act (“DMCA”), please
immediately notify our Designated Copyright Agent using the contact
information provided below (a “Notification”). A copy of your Notification will
be sent to the person who posted or stored the material addressed in the
Notification. Please be advised that pursuant to federal law you may be held
liable for damages if you make material misrepresentations in a Notification.
Thus, if you are not sure that material located on or linked to by the Website
infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. §
512(c)(3) and include the following information: (1) A legend or subject line
that says: “DMCA Copyright Infringement Notice”; (2) A physical or electronic
signature of a person authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed; (3) identification of the copyrighted work
claimed to have been infringed, or, if multiple copyrighted works on the
Website are covered by the Notification, a representative list of such works on
the Website; (4) identification of the material that is claimed to be infringing or
to be the subject of infringing activity and that is to be removed or access to
which is to be disabled, and information reasonably sufficient to permit us to
locate the material; (5) information reasonably sufficient to permit us to
contact the complaining party, such as an address, telephone number, and, if
available, an email address at which the complaining party may be contacted;
(6) a statement that the complaining party has a good faith belief that use of
the material in the manner complained of is not authorized by the copyright
owner, its agent, or the law; and (7) a statement that the information in the
notification is accurate, and under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed upon.
Company will only respond to DMCA Notices that it receives by mail or email
at the addresses below:
Designated Copyright Agent:
Orlando Relax Transportation Solutions
Lucas Furtado
Attn: DMCA AGENT
362 Woodlark Dr. Davenport, FL 33897
admin@orlandorelax.com
It is often difficult to determine if your copyright has been infringed. Company
may elect to not respond to DMCA Notices that do not substantially comply
with all of the foregoing requirements, and Company may elect to remove
allegedly infringing material that comes to its attention via notices that do not
substantially comply with the DMCA.
We may send the information that you provide in your notice to the person
who provided the allegedly infringing work. That person may elect to send us
a DMCA Counter-Notification.
Without limiting Company’s other rights, Company may, in appropriate
circumstances, terminate a repeat infringer’s access to the Website and any
other website owned or operated by Company.
2. Counter Notification.
27. If you believe your own copyrighted material has been removed from the Website as
a result of a mistake or misidentification, you may submit a written counter
notification (a “Counter Notification”) to: Orlando Relax, ATTN: Legal Department,
362 Woodlark Dr., Davenport, FL 33897. To be an effective Counter Notification
under the DMCA, your Counter Notification must include substantially the following:
(1) a legend or subject line that says: “DMCA Counter-Notification”; (2) identification
of the material that has been removed or disabled and the location at which the
material appeared before it was removed or disabled; (3) a statement that you
consent to the jurisdiction of the Federal District Court in which your address is
located, or if your address is outside the United States, for any judicial district in
which we are located; (4) a statement that you will accept service of process from
the party that filed the Notification or the party’s agent; (5) your name, address, and
telephone number; (6) a statement under penalty of perjury that you have a good
faith belief that the material in question was removed or disabled as a result of a
mistake or misidentification of the material to be removed or disabled; and (7) your
physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements
described above, we will restore your removed or disabled material, unless we first
receive notice from the party filing the Notification informing us that such party has
filed a court action to restrain you from engaging in infringing activity related to the
material in question. Please note that if you materially misrepresent that the disabled
or removed content was removed by mistake or misidentification, you may be liable
for damages, including costs and attorney’s fees. Filing a false Counter Notification
constitutes perjury.
28. Severability. If any provision of this Agreement is found to be illegal or unenforceable
under applicable law, that provision or part of the provision is deemed severable from
these Terms of Use and does not affect the validity and enforceability of any
remaining provisions. If needed, any remaining provision may be amended to
achieve as closely as possible the effect of the original term and all other provisions
of this Agreement will continue in full force and effect. However, if any fundamental
term or provision of this Agreement is invalid, illegal, or unenforceable, the remainder
of this Agreement shall be unenforceable.
29. Governing Law, Venue and Jurisdiction. This Agreement is governed by and
construed in accordance with the internal laws of the State of Florida without giving
effect to any choice or conflict of law provision or rule. Any arbitration proceeding
arising out of or related to this Agreement or the Website shall be instituted or
conducted exclusively in Orange County, Florida. User waives any and all objections
to the venue and personal jurisdiction in Orange County, Florida.
30. DISPUTE RESOLUTION, ARBITRATION, CLASS ACTION WAIVER AND WAIVER
OF TRIAL BY JUDGE OR JURY.
THIS SECTION APPLIES TO ANY AND ALL DISPUTES, CONTROVERSIES,
CLAIMS FOR PERSONAL INJURIES, OR CLAIMS ARISING OUT OF OR
RELATED TO THE WEBSITE, TRANSPORTATION PROVIDED OR BOOKED
PURSUANT TO THE WEBSITE, OR OTHERWISE RELATED TO THE
TERMINATION OR BREACH OF THIS AGREEMENT (“CLAIMS”) WHETHER HELD
BY USER OR BY A FAMILY MEMBER FOR WHOM USER HAS BOOKED THE
Transportation Solutions. AS USED HEREIN, THE PLURAL AND SINGULAR USES
OF “CLAIMS” AND “CLAIM” SHALL BE INTERCHANGEABLE.
1. MANDATORY PRE-ARBITRATION DISPUTE RESOLUTION.
At least 30 days prior to initiating any proceedings, the User and the
Company agree to notify the other Party of any disputes in writing and
attempt in good faith to negotiate an informal resolution. You must send your
notice of dispute to the Company by certified mail return receipt to Orlando
Relax, ATTN: Legal Department, 362 Woodlard Dr., Davenport, FL 33897.
The Company will send its notice of dispute to the email associated with your
Orlando Relax account. The notice of dispute must include the Party’s name
and preferred contact information, a brief description of the dispute, and the
relief sought. In the event the Parties are unable to amicably resolve the
dispute informally within the 30-day period, then the Parties agree they shall
next submit the dispute to Mediation using a Florida Supreme Court Certified
Circuit Mediator selected mutually by the Parties. The Mediation shall be
governed by the Florida Rules for Certified & Court Appointed Mediators and
F.S. Chapter 44. If the Parties cannot agree to a Mediator, the matter will be
submitted for mediation to the American Arbitration Association (AAA). In
such circumstances, the Parties agree that the Commercial Mediation Rules
shall govern, and the mediator will be selected as set forth in those rules. The
costs of the mediation shall be borne equally by the Parties. Mediation shall
be held in Orange County, Florida at a mutually agreeable location and within
sixty (60) days following the mailing of the initial notification of the dispute. To
the extent that the matter is not resolved at mediation or within 60 days
following the mailing of the initial notification of the dispute, the Parties agree
to resolve any and all disputes in arbitration as set forth below.
2. ARBITRATION.
1. How This Arbitration Provision Applies. This Arbitration Provision is
governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (FAA)
and evidences a transaction involving commerce. In the event that the
FAA is adjudicated not to apply to this Agreement, then the Arbitration
Provision shall be governed by the laws of the State of Florida,
including the Revised Uniform Arbitration Act, F.S. Ch. 682. This
Arbitration Provision applies to any Claim and survives after the
Agreement terminates. Nothing contained in this Arbitration Provision
shall be construed to prevent or excuse either Party from utilizing any
procedure for resolution of complaints established in this Agreement,
and this Arbitration Provision is not intended to be a substitute for the
utilization of such procedures.
This Arbitration Provision is intended to apply to the resolution of
Claims that otherwise would be resolved in a court of law or before a
forum other than arbitration. Notwithstanding this Arbitration Provision,
User and Company retain the right to bring individual Claims arising
under Florida law, and within the applicable jurisdictional limit, in Small
Claims Court or County Court in Orange County, Florida. In the event
a Third-Party, not a party to this Agreement, files a lawsuit or other civil
action against the Company and /or its Driver, in State Circuit Court or
Federal Court, the Company reserves the right to file counterclaims
and cross-claims. Notwithstanding the previous sentence, any
trademark, patent or trade secret Claim arising under Federal law and
unable to be adjudicated through the Arbitration Provision shall be
brought exclusively and solely in the U.S. District Court, Middle District
of Florida, Orlando Division. Disputes covered by arbitration include,
without limitation, disputes arising out of or relating to interpretation or
application of this Arbitration Provision, including the enforceability,
revocability or validity of the Arbitration Provision or any portion of the
Arbitration Provision. Except as provided with respect to the class,
collective and representative waivers described herein and to include
in Sections 25 (C) and 25 (D) below, the arbitrator has the sole
authority to determine whether a dispute is arbitrable and whether it
has been timely filed and pursued.
This Arbitration Provision also applies, without limitation, to disputes
arising out of or related to this Agreement, Transportation Solutions
provided pursuant to this agreement and disputes arising out of or
related to the disputes regarding any contractual, unfair competition, or
payment issues, and to any and all other city, county, state or federal
statutory or common law claims whether arising out of contract or tort.
This Agreement is intended to require arbitration of every claim or
dispute that lawfully can be arbitrated, whether arising out of contract,
negligence, or strict liability, including claims of personal injury, except
as otherwise provided herein.
2. Governing Rules, Selecting the Arbitrator, and Location of the
Arbitration. Arbitration will be conducted pursuant to the Commercial
Arbitration Rules of the AAA that are in effect at the time the arbitration
is initiated, as modified by the terms of this agreement, except where
the Consumer Arbitration Rules are applicable and required to be
used. The Arbitrator shall be selected by mutual agreement of the
Company and the User. If the Parties cannot agree to an Arbitrator, the
Arbitrator will be selected as set forth in the Commercial Arbitration
Rules. The arbitration proceeding shall take place in Orange County,
Florida, U.S.A., unless each Party to the arbitration agrees otherwise
in writing.
3. Initiating Arbitration. If the parties are unable to resolve the dispute
informally or through the mediation process, only then may either party
commence arbitration by filing a written Demand for Arbitration with
the AAA and providing a copy to the other party as specified in the
AAA Rules (available at www.adr.org). The Party bringing the claim
must demand arbitration in writing and deliver the written demand by
hand or by certified mail return receipt to the other Party within the
applicable statute of limitations period. The demand for arbitration
shall include identification of the Parties, a statement of the legal and
factual basis of the claim(s), and a specification of the remedy sought.
Any demand for arbitration by the User shall be provided to the
Company at: Orlando Relax, ATTN: Legal Department, 362 Woodlark
Dr., Kissimmee, FL 33897 If the Company demands arbitration, it shall
send the demand to the User and to the AAA. The Arbitrator shall
resolve all disputes regarding the timeliness or propriety of the
demand for arbitration. The Arbitrator shall have the same authority as
a court of law to grant requested relief; this would include relief
requested regarding temporary restraining orders and preliminary
injunctive remedies. However, this provision does not prevent either
Party from requesting available temporary or preliminary injunctive
remedies from an appropriate court but only upon the ground that the
award to which that Party may be entitled in arbitration may be
rendered ineffectual without such provisional relief. The request for
temporary or preliminary injunctive remedies does not remove the
dispute from final resolution by the arbitrator. The request for
temporary or preliminary injunctive remedies does not waive either
Party’s right to arbitrate claims covered by this Arbitration Provision.
4. How Arbitration Proceedings Are Conducted. In arbitration, the
Parties will have the right to conduct adequate civil discovery, bring
dispositive motions, and present witnesses and evidence as needed to
present their cases and defenses, and any disputes in this regard shall
be resolved by the Arbitrator.
5. Paying For The Arbitration. Each Party will pay the fees for his, her or
its own attorneys, subject to any remedies to which that Party may
later be entitled under applicable law (i.e., a Party prevails on a claim
that provides for the award of reasonable attorney fees to the
prevailing party). In all cases where required by law, the Company will
pay the Arbitrator’s and AAA’s arbitration fees. We may have the right
to pay the AAA fees if required for arbitration to be enforceable. If
under applicable law the Company is not required to pay all of the
Arbitrator’s and/or AAA’s arbitration fees, the fee(s) will be apportioned
equally between the Parties or as otherwise required by applicable
law. Any disputes in that regard will be resolved by the Arbitrator.
6. The Arbitration Hearing And Award. The Parties will arbitrate their
dispute before the Arbitrator, who shall confer with the Parties
regarding the conduct of the hearing and resolve any disputes the
Parties may have in that regard. Within 30 days of the close of the
arbitration hearing, or within a longer period of time as agreed to by
the Parties or as ordered by the Arbitrator, any Party will have the right
to prepare, serve on the other Party and file with the Arbitrator a brief.
Consistent with the Enforcement of this Agreement language set forth
in Section 25.B(7), below, the Arbitrator may award any Party any
remedy to which that Party is entitled under applicable law, but such
remedies shall be limited to those that would be available to a party in
his or her individual capacity in a court of law for the claims presented
to and decided by the Arbitrator, and no remedies that otherwise would
be available to an individual in a court of law will be forfeited by virtue
of this Arbitration Provision. The Arbitrator will issue a decision or
award in writing, stating the essential findings of fact and conclusions
of law, which will be final and binding on the Parties. Except as may be
permitted or required by law, or as determined by the Arbitrator,
neither a Party nor the Arbitrator may disclose the existence, content,
or results of any arbitration hereunder without the prior written consent
of all Parties. The Arbitrator shall not have the power to commit errors
of law or legal reasoning, and the award may be vacated or corrected
on appeal to a court of competent jurisdiction for any such error. The
Parties agree that the award of the arbitrator shall be the final, sole
and exclusive remedy between them regarding any claims,
counterclaims, issues or accountings presented or pled to that
Arbitrator; that any monetary award shall be promptly paid, free of any
tax, deduction or offsets; and that any costs, fees or taxes incident to
enforcing the award shall be charged against the Party resisting such
enforcement. The resulting arbitration award may be enforced in any
court of competent jurisdiction. The Parties expressly agree that the
federal and state courts in Orange County, Florida are courts of
competent jurisdiction for entering judgment upon an award, and for
purposes of enforcing an award.
7. Enforcement Of This Agreement. This Arbitration Provision is the full
and complete agreement relating to the formal resolution of disputes
arising out of this Agreement. If and only if the class action waiver
provision set forth in Section 25.C, below, is deemed unenforceable,
then it is agreed that the entire arbitration provision shall also be
deemed unenforceable. In the event any portion of this Arbitration
Provision other than Section 25.C, below, is deemed unenforceable,
the remainder of this Arbitration Provision will be enforceable.
THE AGREEMENT TO ARBITRATE IS AN IMPORTANT BUSINESS
DECISION AND YOU SHOULD NOT RELY SOLELY UPON THE
INFORMATION PROVIDED IN THIS AGREEMENT AS IT IS NOT
INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE
CONSEQUENCES OF ARBITRATION. YOU SHOULD TAKE
REASONABLE STEPS TO CONDUCT FURTHER RESEARCH AND
TO CONSULT WITH OTHERS — INCLUDING BUT NOT LIMITED TO
AN ATTORNEY —REGARDING THIS DECISION, JUST AS YOU
WOULD WHEN MAKING ANY OTHER IMPORTANT BUSINESS OR
LIFE DECISION.
3. CLASS ACTION WAIVER.
YOU AND THE COMPANY AGREE TO SUBMIT AND RESOLVE ALL
CLAIMS IN BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS
ONLY, AND NOT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE
ACTION BASIS. THE ARBITRATION PROVISION ALSO PRECLUDES YOU
FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY
CURRENT OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE
ACTION BROUGHT AGAINST THE COMPANY BY SOMEONE ELSE,
EXCEPT AS OTHERWISE PROVIDED FOR IN SECTION 25 SUBSECTION
B OF THIS AGREEMENT.
The Arbitrator shall have no authority to consider or resolve any claim or
issue any relief on any basis other than an individual basis. If at any point this
provision is determined to be unenforceable, the Parties agree that this
provision shall not be severable, unless it is determined that the Arbitration
may still proceed on an individual basis only.
4. WAIVER OF RIGHTS TO JUDGE OR JURY TRIAL.
BOTH PARTIES KNOWINGLY, FREELY AND MUTUALLY AGREE TO
WAIVE ANY AND ALL RIGHT(S) TO A TRIAL BY JUDGE OR JURY ON ANY
CLAIM, ISSUE OR DISPUTES BETWEEN THE PARTIES INVOLVING THIS
AGREEMENT OR ANY OTHER LEGAL CLAIM OR DEMAND MADE BY
EITHER PARTY, EXCEPT AS OTHERWISE PROVIDED FOR IN SECTION
25 SUBSECTION B OF THIS AGREEMENT.
31. Additional Terms and Modifications. In some instances, additional or different terms,
posted on the Website, apply to your use of certain parts of the Website (individually
and collectively “Additional Terms”). To the extent there is a conflict between the
terms and conditions of this Agreement and any Additional Terms, the terms and
conditions of this Agreement will control unless the Additional Terms expressly state
otherwise. Company reserves the right in its sole discretion from time to time to
prospectively modify or change the terms and conditions of this Agreement and/or
information, terms or conditions found in any hyperlinks within the body of this
Agreement by posting new or changed terms on the Website.
Company may modify these Terms at any time. User agrees it is their responsibility
to regularly review the Terms to stay abreast of any modifications or changes. When
we make material changes to these Terms, we will post the revised Terms on the
Company Platform and update the “Last Updated” date at the top of these Terms. All
modifications and changes shall become effective at the time they are posted. User
agrees that any modifications or changes are deemed accepted immediately upon
the opening and continued use of the Website after such modifications and changes
are made. If you disagree with the revised Terms, you may terminate this agreement
immediately as provided in these Terms. If you do not terminate this agreement
within seven (7) days of the Effective Date of the revised Terms, your continued
access to or use of the Company Platform will constitute acceptance of the revised
Terms.
32. Entire Agreement. This Agreement & our Privacy Policy constitute the entire
agreement and understanding between you and Company with respect to the
Website & Privacy Policy and supersede all prior or contemporaneous
understandings, agreements, representations, warranties, assurances, or
discussion, whether written or oral, with respect to the Website & Privacy Policy and
the relationship between the Parties.
33. Miscellaneous. These Terms of Use operate to the fullest extent permissible by law.
We may assign any or all of our rights and obligations to others at any time. We shall
not be responsible or liable for any loss, damage, delay, or failure to act caused by
any cause beyond our reasonable control. There is no joint venture, partnership,
employment or agency relationship created between User and Company as a result
of these Terms of Use or use of the Website. User agrees that these Terms of Use
will not be construed against us by virtue of having drafted them. User hereby waives
any and all defenses you may have based on the electronic form of these Terms of
Use and the lack of signing by the Parties hereto to execute these Terms of Use.
34. Waiver. No failure to exercise, and no delay in exercising, on the part of either Party,
any right or any power hereunder shall operate as a waiver thereof, nor shall any
single or partial exercise of any right or power hereunder preclude further exercise of
that or any other right hereunder.
You acknowledge that we have no obligation to provide you with customer support of
any kind and that customer service personnel cannot change or waive the terms of
this Agreement or applicable Additional Terms.
Contact Us: Notice, Questions, and Customer Service.
You agree that we may give you notices or otherwise respond to you by mail or to your
email (if we have it on file) or in any other manner reasonably elected by us. In order to
resolve a complaint regarding this Website or to receive further information regarding use of
the Website, please contact Company at:
Orlando Relax Transportation Solutions
admin@orlandorelax.com
321-745-9047
LF SOLUTIONS & BUSINESS, LLC, dba Orlando Relax Transportation Solutions. All Rights
Reserved.