1.1 Website www.aquantuo.com (the “Site”) and our mobile software application “the “Aquantuo App” or “App”). (“We, Our or Us”) for Users including anyone who accesses or registers for the Site (together, “User, Users, You or Your”). The Site and the App are provided to help Users (or “Requesters”)
1.1a find and hire Transporters for transport of goods or Requestors seeking Transporters to move goods from one location to another. (collectively, the “Services”).
1.1b have goods picked up from one location to another
1.1c deliver goods purchased online to an international address
2. Use of the Site and the App
2.1 Users must create an Account to access the Services (“Account”). Users shall access and use the Site and the App only for personal, noncommercial and commercial purposes, and only as long as they are in compliance with all provisions of the Agreement. Users shall not use the Site or the App in any way that violates the law or the terms of this Agreement, or harms Us, or any other person or entity, as determined in Our sole discretion2.2 You may cease to be a User of the Site or the App at any time by sending Us written notification via email to [email protected]. Ceasing to be a User of the Site or the App shall not relieve You of any payment obligations that You incurred in connection with the Services prior to cessation.
2.3 We or third parties authorized by Us may from time to time place commercial content on the Site or on the App. We have no control over for the accuracy, truthfulness, quality, safety or legal aspects of content provided by third parties, nor do We endorse, guarantee, or are We responsible for such content (even if Users receive any benefits related to the Site or the App in connection with such third party offers). It is User’s responsibility to understand and accept the terms and payment obligations of all such content that Users pursue.
2.4 We may, in Our sole discretion and at any time, in any way, for any reason, change or discontinue any part of the Site, the App or Services, or impose charges for accessing any or all portions of the Site, the App or Services, with or without notice to You. We shall not be liable to You or any third party should We exercise Our right to modify or discontinue the Site, the App or Services. If You object to any such changes, Your sole recourse will be to cease accessing the Site, the App or Services. Your continued access of the Site, App or Services following any such changes shall constitute Your acknowledgement of and agreement to such changes, and Your satisfaction with the Site, App or Services as so modified. You agree that We may in Our sole discretion and at any time, in any way, for any reason, immediately terminate Your access to the Site, App and Services. YOU ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE, AQUANTUO APP OR SERVICES. TERMINATION OF YOUR ACCOUNT SHALL IN NO WAY MODIFY OR VOID ANY PAYMENT OBLIGATIONS YOU MAY HAVE INCURRED THROUGH YOUR USE OF THE SITE, AQUANTUO APP OR SERVICES, WHETHER SUCH OBLIGATION IS TO US OR A THIRD PARTY.
3.1 To set up an Account, You must provide, among other things, your name, a functioning e-mail address where You can be reached, a password of your selection, and a method of payment (collectively, Your “Account Information“),which You may not transfer to or share with any third parties. You agree to provide true, accurate, current and complete information for Your Account and/or Postings (as defined below). You shall not (a) register for more than one Account, (b) register for an Account on behalf of a third party, (c) use any Account other than Your Account, or (d) permit any third party to use Your Account.
3.3 We reserve the right to take any and all action as deemed necessary or reasonable in Our sole discretion, to ensure the security of the Site, the App and Your Account, including without limitation terminating Your Account, changing Your password, or requesting additional information to authorize transactions on Your Account or fulfil a request associated with your account.
4.1 Any rates or fees presented to You via the Site, App or Service when searching or making a Posting for Services are estimates only (“Fee Estimates”) and provided solely for convenience. Fee Estimates shall not constitute a guaranteed or comprehensive price quote and You shall not rely on Fee Estimates. Fee Estimates may not include additional fees including without limitation fees for taxes, gratuity, fees, tolls, changes to the final destination, customs duty, other additional charges, or variations in other conditions that may result in an actual fee (“Actual Fee”) charged by the Transportation Provider that is higher than the Fee Estimate. You shall be fully liable for payment of the Actual Fee charged by the Transportation Provider each time You reserve or receive Services.
5.2 We reserve the right to charge a fee for payments made through the Site, the App or Services, and the Transportation Provider may also charge You a Usage fee in connection with Your Posting and payment through the Site or Services.
5.3 Any information related to the times for Services (including arrival time of a Transportation Provider and how long a delivery will take) are estimates only (“Time Estimates”) and provided for Your convenience. Time Estimates shall not constitute a guaranteed or comprehensive price quote and You shall not rely on Time Estimates. The actual arrival time and length of Services are subject to factors outside of Our control, including without limitation weather, traffic, ground conditions and the actions of the Transportation Provider. We shall not be liable, and You hereby waive any claim, cause of action, damages, demands or liability against Us, arising from a failure by a Transportation Provider or its driver either to pick you up or deliver your goods intended destination in a timely manner.
6. Payment, Receipts and Refunds
6.1 You may pay for any of our Services through Our Site, the App or Services or with a credit card or debit card directly, although certain Transportation Providers require Us to charge for their Services through the Site, App or Services. To pay for Services through Our Site, App or Services, You shall provide Us with the payment information necessary to process a Posting prior to making the Posting. Your submission of Your payment information to Us constitutes Your authorization to Us to charge the applicable fees at Our convenience. You represent that You will not use any credit card, debit card or other form of payment unless You have all necessary authorization to do so. If You do not elect to use the payment methods through Our Site, App or Services, You will be responsible for all fees arising from the Services You order through Our Site, App or Services. As and when needed, Aquantuo will request for additional information to process a payment or verify a payment.
6.2 We reserve the right to issue amended receipts in the event the amount appearing on the original receipt is inaccurate.
6.3 We reserve the right to issue refunds in our discretion. All refunds shall be in the form of Account credit only. We do not issue cash refunds or refunds of any kind other than Account credit.
7. Cancellations and No-Shows
8. Bank Fees
8.1 Some banks and credit card companies impose fees for certain transactions. Such fees are determined solely by Your bank or credit card company and We are not responsible for payment of any such fees. If You have any questions about these fees or the exchange rate applied to Your Posting, please contact Your bank or credit card company.
9. Mobile Communications
9.1 By accessing and using the Site, App or Services with a mobile device, Your acknowledge and agree that You may receive certain communications from the Site, App or Services including without limitation SMS, MMS, text messages, mobile emails, or other electronic communications means, collectively “Mobile Communications”. By accessing and using the Site, App or Services via mobile devices, or by using certain mobile features including without limitation sending or receiving Mobile Communications, You may incur fees from the provider or carrier of the mobile services that You use (“Carrier“) and You shall be solely responsible for the payment of such fees.
9.2 If You elect to include information about Your location (including location-related information provided by Your Carrier or any applications) in Your Account Information, You acknowledge, accept and agree that (i) such information shall be made available to Transportation Providers when You make a Posting for Services; and (ii) Aquantuo shall not be responsible for the accuracy of such information or any use of such information by third parties including without limitation Transportation Providers.
10. Electronic Communications
11. Proprietary Rights
sublicense, sell, assign or otherwise share the Content with anyone;
duplicate any part of the Site, App or any Content appearing on the Site or the App, for any purpose (except as expressly provided elsewhere in these Terms);
distribute, share, trade or create any derivative works based on the Site, App, or any of the Content, and you agree that any such use is NOT “fair use” under 17 U.S.C. § 107;
use the Site, App and/or any of the Content for any public display, public performance, sale or rental, and you hereby agree and stipulate that any and all such uses are NOT “fair use” under 17 U.S.C. § 107;
post, share, trade or offer for use/viewing/listening to or transcription copy of any or all of the Content to or through any websites or service, including, without limitation, through one-click hosting sites, file locker sites, bit torrent protocol, public or private forums, social sites, video hosting “tube” sites, or any other similar technology;
remove any copyright or other proprietary notices from any of the Content; or
circumvent any encryption or other security tool(s) used anywhere on the Site or the App.
11.2 You acknowledge and agree that the foregoing list of prohibited uses is exemplary, non-exhaustive, and provided for illustrative purposes only. You further agree that the use of bots, employees, contractors, resellers, assigns, or any kind of automated process to copy, download, hot-link, frame, or otherwise use any Content is prohibited and will in all instances be considered commercial uses. Any license granted to You will terminate and be immediately revoked upon Your use of any Content in violation of this Section.
12.1 “Submissions” are any information, text, messages, concepts, suggestions, feedback, stories, screenplays, treatments, formats, artwork, photographs, videos, audiovisual works, musical compositions including lyrics, sound recordings, recordings, actions, appearances, performances Your or another persons’ name, likeness, voice, Username, profile, and/or other biographical information or material, and/or other similar materials that You email, post, upload, embed, display, publish, communicate or otherwise submit (collectively, “Submit”) on or through or to the Site or App. Your Submissions are intended for public display on Our site. You warrant and represent that You are the rightful owner of all of the rights to Your Submissions (including without limitation moral rights) or have the appropriate license or sublicense rights from the owner, without the need for any permission from or payment to any other person or entity, and that the information You Submit to the Site is true and accurate. You are entirely and solely responsible for all Your Submissions and the consequences of submitting them to, or posting or publishing them on, the Site.
12.2 We do not accept, review or otherwise consider unsolicited Submissions and request that Users do not submit any unsolicited Submissions. Users acknowledge that there is no confidential or fiduciary relationship between Users and Us whatsoever and that We will not review or offer any consideration or compensation for any Submissions. Users hereby grant to Us and Our officers, directors, employees, agents, licensees, distributors, representatives and affiliates, a non-exclusive, perpetual, irrevocable, unrestricted, fully-paid, royalty-free, sub-licensable and transferable (in whole or in part) worldwide license for an indeterminate period (or for such maximum period permitted by applicable law) under all intellectual property rights You own or control to use, reproduce, distribute, transmit, prepare derivative works of, publicly display, index, comment on, modify, perform and otherwise exploit Your Submissions, in whole or in part, for any purpose and in any media formats and channels (including among others on other Websites, and in products and services offered by Us) now known or subsequently devised, in each case without compensation, attribution, liability or notice to You and without the requirement of any permission from or payment to You or to any others. If You request in writing that We remove Your Submissions from the Site, We will remove any public display of Your Submissions and the license granted by You to Us shall terminate (expect that We shall not be required to change any materials used by Us that already include Your Submissions).
12.4 We reserve the right to decide, in Our sole discretion, whether, where, and how a Submission is published on the Site. If We have questions about Your Submissions, We may contact You for further information (including, but limited to, to verify that You own the copyright or other intellectual property rights). Although We have no obligation to review any Submissions, We reserve the right, in Our sole discretion, to edit or remove any and all Submissions, without prior notice.
13. Rules of Conduct.
13.1 In connection with Your use of the Site, its Content, and any and all Submissions, You agree to abide by all applicable local, state, national and international laws and regulations and not, nor allow or facilitate others, to violate or infringe any rights (including, but not limited to, copyrights, rights of publicity or privacy, confidentiality and trademarks rights) of others, Our policies or the operational or security mechanisms of the Site. Without limiting the foregoing You shall NOT:
Use the Site or App (including, but not limited to, any Public Forums (as defined below) or other communication systems provided by the Site or App) or any of its Content, including, but not limited to, Your or other Users’ User Submissions, to promote, conduct, or contribute to activities that in Our sole discretion are profane, defamatory, infringing, fraudulent, scamming, obscene, pornographic, indecent, commercial, inappropriate or illegal, including, but not limited to, pyramid schemes, surveys, contests, chain letters, gambling, junk e-mail, spamming, promoting hatred towards any group of people or conduct that can reasonably be expected to harm others.
Use the Site or App in any manner which could damage, disable, overburden, or impair the Site or App, or interfere with the access, use or enjoyment of this Site of App by others, including, but not limited to, causing greater demand on the Site or App than is deemed reasonable by Us, attacks such as “flaming” other Users in a manner that might incite or perpetuate a conflict or argument, creating Usernames to attack other Users’ identities.
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Harvest or otherwise collect PII about another User through the Site or App (including, but not limited to, email addresses).
Copy, modify, distribute, transmit, publicly display, publicly perform or create derivative works of any portion of the Site, App, or any of theirs Content.
Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site or the App.
Frame, hyper-link, or otherwise interfere with or in any manner disrupt, circumvent, overburden or compromise any part of the Site or App, their Content, or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site, App or Content.
Decompile, disassemble, reverse engineer or otherwise attempt to discover any source code or underlying ideas or algorithms of the Site, App or their Content except if and to the extent permitted by applicable law.
Use any robot, spider, other automated device or any tool-bar, Web-bar, other Web-client, device, software, routine or manual process, to monitor or scrape information from the Site of App, or bypass any robot exclusion request (on headers or anywhere else on the Site of the App).
Use any meta tags or any other “hidden text” utilizing any Content or intellectual property rights owned by, or licensed to, or by, Us.
Access or attempt to access any other of Our systems, programs or data that are not made available by Us for public Use.
Create or provide any other means through which the Site or App may be accessed, for example, through server emulators, whether for profit or not.
13.2 We cannot and do not assure that other Users comply with this Agreement, and Users assume all risk of harm or injury resulting from any such lack of compliance.
14. Public Communications and Forums.
14.1 The Site and the App may enable Users to interact directly with other Users, such as by sending public or pre-defined private messages.
14.2 Users are solely responsible for the Submissions they make, and the consequences thereof, on or through the App, and the Site. We do not endorse, guarantee, nor are We responsible for the information, opinions, or recommendations submitted by any User in or otherwise in connection with the Site or App and expressly disclaim any all liability in connection therewith.
14.3 Although We are investing efforts in ensuring a safe and pleasant environment, when using the Site or the App You may be exposed to Submissions by others (a) with which You may disagree, (b) that You may find offensive, indecent, or objectionable, or (c) which are inaccurate, misleading or illegal. You expressly assume and agree to bear any and all risks associated with Your use of, exposure to or reliance on any such Submissions. You should be skeptical about information provided by others, and You acknowledge that there is a possibility of use of any Submissions by others, and that Submissions are made at Your own risk. Never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with. We are not responsible for any Submissions by Users, nor for any actions taken or avoided based on such Submissions. You waive any legal or equitable rights or remedies You have or may have against Us with respect to other Users’ Submissions.
14.4 Please respect and interact with other Users as You would in any public arena. Do not reveal any information that You do not want to make public. DO NOT DISCLOSE PII. USERS ACKNOWLEDGE THAT ANY CONTENT OR FEATURES OFFERED THEREIN ARE FOR PUBLIC COMMUNICATIONS AND USERS HAVE NO EXPECTATION OF PRIVACY WITH REGARD TO ANY SUBMISSION MADE OR RECEIVED IN A PUBLIC FORUM OR OTHERWISE IN CONNECTION WITH THE SITE.
14.5 We reserve the right but not the obligation to:
Review, refuse, remove, modify, store, or otherwise take any action with respect to Submissions, at Our sole discretion and without prior notice.
We encourage Users to report to Us any suspected violations of this Agreement or any other additional terms posted on the Site.
15.2 You hereby provide Aquantuo with full, irrevocable authority to provide data concerning Your name, mobile telephone number, package journey and pick-up time to Aquantuo’s pool of Transportation Providers (“Transporters”) and Transporters/Requestors in your location. This data will be used to select Your Transportation Provider from Aquantuo’s pool and will enable Aquantuo or the Transportation Provider to pick up, transportor deliver your package at the chosen location. No other data about You will be disclosed to the pool of Transportation Providers or Your specific Transportation Provider.
15.3 This Site and the App are not directed at children under the age of eighteen (18) and do not knowingly collect any PII from children under the age of 17. If a parent or guardian believes that this Site or the App have collected the PII of a child under the age of 17, please contact Us at [email protected].
15.4 You acknowledge and accept that, despite our efforts, there may be times or situations when your PII is inadvertently disclosed by Us or by a third party to whom we have disclosed Your PII. You hereby accept that risk and waive any and all claims, causes of action, damages and liability against Us in the event of inadvertent or disclosure of PII due to breach of Our internal controls.
16. Links to Third Party Websites
16.1 The Site may contain links and references to Websites of others. We may, from time to time, at Our sole discretion, add or remove links to other Websites. These links are provided solely as a convenience to You, and access to any such Websites is at Your own risk. We do not review, approve, monitor, endorse, guarantee, warrant, make any representations with respect to, nor are We responsible for, such Websites. In no event will We be responsible for the information contained in such Websites, their practices or for Your use of or inability to Use such Websites or their services, or transmissions received from such sites. By using the Site, You expressly relieve Us from any and all liability arising from Your use of any third-party Website. We encourage Users to read the privacy policies and other terms and familiarize themselves with the privacy practices of the other Websites before using their services.
17. Links to the Site
17.1 Subject to the terms of this Agreement, Users may display a link to the Site as long as such use is not misleading, illegal or defamatory, and the linked Website contains no infringing or illegal content. Users may not suggest that We endorse, guarantee, sponsor, nor in any way are We responsible for or affiliated with their site, nor tarnish, blur or dilute the quality of Our trademarks or any associated goodwill.
18. Disclaimers of all Warranties.
18.1 THE SITE, THE APP AND THEIR CONTENTS AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
18.2 WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE SITE, THE APP OR ITS CONTENT OR THE SERVICES SHALL MEET YOUR REQUIREMENTS, OR SHALL BE AVAILABLE, UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, OR ERROR OR VIRUS FREE; NOR DO WE WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THIS SITE OR ITS CONTENT OR THE SERVICES IN TERMS OF ITS CORRECTNESS, COMPLETENESS, AVAILABILITY, ACCURACY, RELIABILITY OR OTHERWISE, OR IN CONNECTION WITH USERS’ SUBMISSIONS. SUBJECT TO APPLICABLE LAW, USERS ASSUME THE ENTIRE COSTS OF ANY AND ALL REPAIR OR CORRECTION. YOUR USE OF THIS SITE AND ITS CONTENT AND USERS’ SUBMISSIONS IS AT YOUR OWN DISCRETION AND RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY RESULTING CONSEQUENCES.
18.3 YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH REGARD TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING, BUT NOT LIMITED TO, CREDIT CARD INFORMATION AND OTHER PII),TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
18.4 WE DO NOT MAKE ANY CLAIM OR PROMISE REGARDING THE TIMING, DURATION, QUALITY OR SAFETY OF THE RIDE. YOU HEREBY AGREE AND ACKNOWLEDGE THAT WE HAVE MADE NO SUCH CLAIMS OR PROMISES AND THAT WE SHALL NOT BE LIABLE FOR ANY RESULTING DAMAGES OR LOSSES.
18.5 CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS
19.1 USERS SHALL BE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THEIR ACCOUNT INFORMATION AND PII, AS WELL AS ALL ACTIVITIES THAT OCCUR UNDER THEIR ACCOUNT. USERS HEREBY RELEASE, AND ACKNOWLEDGE AND AGREE, AT USERS’ OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSEES, DISTRIBUTORS, REPRESENTATIVES, AFFILIATES, AND SUCCESSORS FROM ALL LIABILITIES, CLAIMS, ALLEGED CLAIMS, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED),INCLUDING SETTLEMENT COSTS AND ANY LEGAL OR OTHER FEES AND EXPENSES FOR INVESTIGATING OR DEFENDING ANY ACTIONS OR THREATENED ACTIONS AND REASONABLE ATTORNEY’S FEES RELATED IN ANY WAY TO OR ARISING OUT OF THE USE OF OR ACCESS TO THIS SITE, ITS CONTENT, PII, USER SUBMISSIONS OR THE SERVICES. USERS SHALL USE THEIR BEST EFFORTS TO COOPERATE WITH US IN THE DEFENSE OF ANY CLAIM.
20. Limitation of Liability and Damages Cap
20.1 LIMITATION OF LIABILITY AND EQUITABLE RELIEF. IN NO EVENT SHALL WE, OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SERVICES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM BODILY INJURY, INJURY TO PROPERTY, DEATH, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF: (i) THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES, ANY WEBSITES LINKED TO THE SITE OR TO THE APP, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES OR ON THE APP, (ii) ANY CONDUCT BY OR ON BEHALF OF US THAT CONSTITUTES, OR MAY CONSTITUTE, A CIVIL VIOLATION OF THE COMPUTER FRAUD AND ABUSE ACT OF 1984 AND AS MAY BE AMENDED FROM TIME TO TIME, OR (iii) ANY VIRUSES THAT MAY INFECT, YOUR COMPUTER, MOBILE DEVICE, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING OF THE SITE OR THE APP, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM US, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALL USERS, SUBSCRIBING ORGANIZATIONS (INCLUDING WITHOUT LIMITATION ANY OFFICERS, DIRECTORS, SHAREHOLDERS AND EMPLOYEES THEREOF),AND ANY AGENTS, REPRESENTATIVES OR ASSIGNS THEREOF, HEREBY WAIVE ANY CLAIMS FOR EQUITABLE RELIEF AGAINST US, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, ARISING OUT THE SERVICES OR FOR THE REASONS SET FORTH IN SUBSECTIONS (i) – (iii) HEREIN, WHETHER OR NOT SUCH SERVICES WERE USED BY SUCH PERSONS OR ENTITIES.
20.2 DAMAGES CAP. IN NO EVENT SHALL WE OR OUR AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE),WARRANTY, OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS ($100.00).
20.3 REFERENCE SITES AND THIRD-PARTY APPLICATIONS. THE LIMITATIONS ON LIABILITY AND DAMAGES CAP SET FORTH ABOVE IN THIS PARAGRAPH SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES AND THIRD PARTY APPLICATIONS OR OTHERWISE BY THIRD PARTIES OTHER THAN US AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SITE OR THE APP, OR THE SERVICES OR RECEIVED BY YOU THROUGH ANY REFERENCE SITES AND THIRD PARTY APPLICATIONS.
20.4 EFFECT OF STATE LAW. THE LIMITATIONS ON LIABILITY AND DAMAGES CAP SET FORTH IN THIS PARAGRAPH ARE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. CERTAIN STATE’S LAWS MAY NOT RECOGNIZE OR OTHERWISE MAY LIMIT SOME OF THE LIMITATIONS OF LIABILITY AND DAMAGES CAP SET FORTH HEREIN. IF SO, YOU MAY HAVE ADDITIONAL RIGHTS.
21. Basis of the Bargain
YOU ACKNOWLEDGE AND AGREE THAT WE HAVE OFFERED OUR SERVICES, SET ITS PRICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE DISCLAIMERS OF WARRANTIES, THE LIMITATIONS OF LIABILITY AND LIABILITY CAP SET FORTH HEREIN; THAT THE DISCLAIMERS OF WARRANTIES, THE LIMITATIONS OF LIABILITY AND LIABILITY CAP SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US; AND THAT THE DISCLAIMERS OF WARRANTIES, THE LIMITATIONS OF LIABILITY AND LIABILITY CAP SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US. YOU ACKNOWLEDGE AND AGREE THAT WE WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
22.1 The Site and the App provide You with access to a large number of independent Transportation Providers (“Transporters”) in your locality. Your contract for the hire of Services is directly with your Transporter. You agree and acknowledge that We are not liable to you, and you hereby waive any claims, causes of action, damages or liabilities, against Us with respect to any claim for injury to person or property, loss of property, or death, arising from (a) the conduct or negligence of the Transportation Providers and their drivers, (b) the manufacture or use of vehicles provided by the Transportation Provider, or (c) breach of any contract you may have directly with the Transportation Provider or driver.
22.2 YOU HEREBY RELEASE AQUANTUO, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSEES, DISTRIBUTORS, REPRESENTATIVES, AFFILIATES, AND SUCCESSORS FROM CLAIMS, DEMANDS ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND INCLUDING, WITHOUT LIMITATION, PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE, THAT IS EITHER DIRECTLY OR INDIRECTLY RELATED TO OR ARISES FROM YOUR USE OF THE SITE, AQUANTUO APP, OR SERVICES. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR” AND YOU WAIVE ANY OTHER SIMILAR PROVISION OF THE LAWS OF ANY OTHER APPLICABLE JURISDICTION.
23. Governing Law
23.1 This Agreement will be governed by and construed in accordance with the laws of the State of Delaware without regard to choice or conflict of law provisions. You hereby agree that all disputes arising out of this Agreement shall be heard exclusively in the federal and state courts located in New Castle County, Delaware, and courts with appellate jurisdiction therefrom. You agree to submit to the personal jurisdiction of such courts, and further agrees that venue in New Castle County is both proper and convenient. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, but not limited to, this section.
24. No Representations
24.1 We make no representation that the Site, its Content or the Services are appropriate or available for use in any particular location. Those who choose to access the Site or the Services do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.
25. Limitation of Claims
25.1 You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
26. Infringement Notices and Takedown
26.1 We comply with the Digital Millennium Copyright Act (“DMCA”). We respect the intellectual property of others. If you believe in good faith that any content on the Site or the Aquantuo App infringes the copyright owned by you or a third party, please contact our copyright agent, who is:
Name of Designated Agent:
Full Address of Designated Agent:
Telephone of Designated Agent:
E-mail address of Designated Agent:
The notice must contain the following information:
A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;
Identification of the copyrighted work allegedly infringed;
Identifying information reasonably sufficient to allow determination by Us of the location of the material that is allegedly infringing;
Information reasonably sufficient to permit Us to contact you;
A statement that you have 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
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
26.2 The Copyright Agent will only respond to claims involving alleged copyright infringement. We may give notice that We have removed or disabled access to certain material by means of a notice posted on Our Site, an email to a User, or by written communication via first claim mail to a User. If a User receives such notice, the User may submit counter-notification in writing to the designated agent. To be effective, the counter-notification must be a written communication and contain the following information: (a) the User’s physical or electronic signature; (b) a description of the material that was removed or to which access was disabled and the location at which the material appeared on the Site before it was removed or disabled; (c) a statement under penalty of perjury that the User has a good faith belief that the material was removed or disabled due to mistake or misidentification; and (d) the User’s name, physical address and telephone number, and a state that the User consents to the jurisdiction of a court for the judicial district in which the User is located, and that the User will accept service of process from the complainant. Notwithstanding this section, We reserve the right in Our sole discretion, at any time, to remove content which appears to infringe the intellectual property rights of another person or entity.
26.3 You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact the representative designed above.
26.4 We reserve the right to terminate any User’s access to the Site or the App if We determine, in Our own discretion, that the User is a repeat infringer.
27. International Users and International Transportation of Goods
27.1 This Site is controlled, operated and administered by Aquantuo from Our offices within the USA. If You access the Site from a location outside the USA, You are responsible for compliance with all local laws. You agree that You will not use the Site or any Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
27.2 Some banks and credit card companies impose fees for international transactions including without limitation foreign transaction and conversion fees. These fees are determined solely by Your bank or credit card company and We are not responsible for any such fees. If You have any questions about these fees or the exchange rate applied to Your Posting, please contact Your bank or credit card company.
28. General Provisions
28.1 No waiver of any term of the Agreement shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under the Agreement shall not constitute a waiver of such term.
28.2 If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, then such provision or portion shall be construed, as nearly as possible, to reflect the original provision, and the remainder of the Agreement will continue in full force and effect.
28.3 The Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Us without restriction.
28.5 The section titles in the Agreement are used solely for the convenience and have no legal or contractual significance. No provision of the Agreement shall be construed against the owners of this site but rather shall be construed in a neutral and fair manner as terms entered into by a fully-informed party on a voluntary basis.
28.6 The terms of the Agreement, which by their nature should survive the termination of the Agreement, shall survive such termination.
28.7 The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
28.8 You agree that no joint venture, partnership, employment, or agency relationship exists between You and Us as a result of these Terms or use of the Site, the App or the Services. You further acknowledge that by submitting User Submissions or other Content, no confidential, fiduciary, contractually implied or other relationship is created between you and Us other than pursuant to these Terms.
28.9 We may give notice to You by email, a posting on the Site, or other reasonable means. You must give notice to Us in writing via email to [email protected] or as otherwise expressly provided. If You have any questions or concerns about our Site, Services or your Posting, or any other questions, You may contact Us via email to [email protected].