END USER LICENSE AGREEMENT (EULA) AND CHARTER CONTRACT
DOCUMENT VERSION 1.8 – REVISION DATE 09/21/2018
Material Terms: As provided in greater detail in this EULA (and without limiting the express language of this EULA), you acknowledge the following:
- the App is licensed, not sold to you, and that you may use the App only as set forth in the EULA;
- the use of the Service may be subject to separate third party terms of service and fees, including, without limitation, your mobile network operator’s (the “Carrier”) terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility;
- the App and Service are provided “as is” without warranties of any kind and TapJets liability to you is limited;
- disputes arising hereunder will be resolved by binding arbitration. By accepting this EULA, as provided in greater detail in Section 18 of the EULA, you and TapJets are each waiving the right to a trial by jury or to participate in a class action;
- if you are using the App on an iOS-based device, you agree to and acknowledge the “Notice Regarding Apple,” below.
- SCOPE OF LICENSE
The App is licensed, not sold, to you for use only under the terms of this EULA. TapJets reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with the terms and conditions of this EULA, TapJets hereby grants you a personal, limited, revocable, non-transferable license to use the Service solely for your personal, non-commercial use, and to use the App on a compatible device that you own or control. You may not modify, alter, reproduce, distribute or make the Service available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute, or sublicense the Service. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or Third Party Terms (as defined below)), nor attempt to disable or circumvent any security or other technological measure designed to protect the Service or any content available through the Service. If you breach these license restrictions or otherwise exceed the scope of the licenses granted herein, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights. The terms of this EULA will govern any updates provided to you by TapJets that replace and/or supplement the original App or any other portion of the Service unless such upgrade is accompanied by a separate license or revised EULA, in which case the terms of that license or revised EULA will govern.
- Service. The Service allows you to reserve/charter private jet aircraft services “Flights” to any destination serviced by TAPJETS or its affiliated carriers.
- Consideration. You may access the Service for free, but in order to book a Flight, you will have to pay a fee, as set forth below. You agree to this EULA in consideration of your use of the Service and other good and valuable consideration, the receipt and sufficiency of which you hereby acknowledge.
- Changes to this EULA. The Service is owned and operated by TapJets. TapJets reserves the right to revise this EULA in its sole discretion at any time and without prior notice to you other than by posting the revised EULA on the Service. Revisions to this EULA are effective upon posting. The EULA will be identified as of the most recent date of revision. Your continued use of the Service after a revised version of this EULA has been posted by TapJets to the Service constitutes your binding acceptance of such revised EULA. Notwithstanding the preceding sentences of this Section 2.c, no revisions to this EULA will apply to any dispute between you and TapJets that arose prior to the effective date of such revision.
- Eligibility. If you are using or opening an account on the Service on behalf of a company, entity, or organization (each, a “Subscribing Entity”), then you represent and warrant that you: (i) are an authorized representative of that Subscribing Entity with the authority to bind such entity to this EULA and (ii) agree to be bound by this EULA on behalf of such Subscribing Entity.
- Children. The Service is not intended for children under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. By using the Service, you affirm that you are at least 18 years of age. TapJets does not seek to gather information from or about children under the age of 13 through the Service.
- THE SERVICE
- Depending on how you are accessing the Service, your use of the App may incur third-party fees, such as fees charged by your Carrier for data usage, and may be subject to third party terms, such as your Carrier’s terms of service, and you agree to pay all such fees and abide by all such terms.
- Service Security. You are prohibited from violating or attempting to violate, the security of the Service. Any such violations may result in criminal and/or civil penalties against you, as well as the termination of your privilege to use the Service, at TapJets sole discretion. TapJets reserves the right to investigate any alleged or suspected violations and, if a criminal violation is suspected, refer such suspected violation to the appropriate law enforcement agencies and cooperate fully with such investigations, including, but not limited to, the disclosure of any or all of your activities on or related to the Service.
- Flights acquired by our customers using TapJets platform are conducted by Federal Aviation Administration certified Air-Carriers (Operators). The Operators are ultimately responsible for all aspects of operational control as defined by FAA regulations and Department of Transportation. Your final itinerary email will contain the name of the air-carrier assigned to your flight and will be clearly marked as “Operated By” or otherwise it will be transmitted to you to clearly establish the operational control of the flight. Upon receipt of this information if you have any concern with the Operator assigned to your flight please contact us immediately so that we can address your concern.
- TapJets will only utilize Operators that are properly certified by FAA, operate with currently issued Operational Specifications, and maintain industry rating of Argus Gold or better. Upon request, a written report as to certification, pilot qualifications, and aircraft registration is available and will be provided to our customers at no charge.
- REGISTRATION AND ELIGIBILITY
- The accuracy of Information. You agree to provide true, accurate, current, and complete information about yourself as requested in any registration forms required by TapJets. You also agree to update the information about yourself promptly, and as necessary, to keep it current and accurate. By entering the information you attest that it belongs to you or the entity you are representing in accordance with this agreement. If messages sent to an email address provided by you are returned as undeliverable, TapJets reserves the right to terminate your Account immediately with or without notice to you and without any liability to you or any third party.
- MAKING A RESERVATION AND CANCELLATIONS
- Door-2-Door Reservations– By entering your pickup and drop-off location you are chartering a Flight from and to the nearest suitable, as determined by TapJets, airport. TapJets will make the best effort calculation and then provision transportation to pick you up from your pickup location, drive you to the airport, pick you up from destination airport and drive you to a drop-off location.
- Airport-2-Airport Reservations– By entering your departure and arrival airport you are chartering a Flight between the airports you picked. You are selecting your arrival time at destination and TapJets makes best effort estimate to inform you of your proposed departure time that will most likely put you at your destination at your requested time.
- Confirming a Flight- To complete your Flight reservation, you will need to provide a valid phone number that can be verified by sending you a short message code (SMS). your credit card information and credit card billing information. You will also need to provide the names and date of birth of all of the passengers so that we can complete security measures required by Transportation Safety Administration and Department of Homeland Security. YOUR FLIGHT IS NOT CONFIRMED UNTIL YOU RECEIVE A CONFIRMATION E-MAIL THAT CONTAINS ITINERARY AND TERMINAL INFORMATION FROM TAPJETS.
- International Flights – a) The price provided to you by our application may change due to changes in International handling fees, airport fees, and peak travel season. These charges are set forth by International airports and handlers and are not provided to us until we finalize the departure. b) You are responsible for making sure that you meet country entrance requirement, that your passport is valid for the date of travel and any additional time required by the country you are traveling to. Please make sure to double check your documents and visa/passport requirements of the country you are visiting. c) In the event you are not admitted to the country after you have arrived, TapJets will not be responsible for the costs of the return flight. You would have to make an additional reservation for the return flight with associated costs and fees. d) You are responsible for making sure the luggage and carry-on items you are bringing with you are allowed by the customs of the country you are traveling to. You will be responsible for any costs and fines assessed by customs in the event of any violation of the rules and regulations of that country.
- Cancellations Canceling Reserved Flights. - Unless otherwise stated on your itinerary or charter contract, you may cancel your reservation(s) for a Confirmed Flight by providing written notice to TapJets or by using our web or mobile apps to cancel. You can also cancel by calling TapJets at 888-500-GETJET, our concierge will follow up with an email confirming your cancelation and asking you to reply for compliance purposes. Roundtrip flights can be canceled for a full refund 72 hours before the flight is scheduled to depart for a full refund of the original amount of the charter. Between 72 hours and 24 hours before departure, you can cancel and receive credit on your account for future flights. If you cancel within 24 hours from your departure time, the full amount is not refundable. One-Way or Multi-Leg trips are not refundable once booked and confirmed. These flights require us to instantly source and confirm these itineraries and therefore are not refundable. If you require flexibility in your travel plans or dates, please contact our concierge before booking so that they can ensure we can meet your cancelation requirements. Special Events Destination Flights and holiday travel include but not limited to Super Bowl, Kentucky Derby, Film Festivals, World Series, and national holidays regardless of destinations are considered high-demand days from a private aviation utilization standpoint. Flights on these days and to these destinations are not refundable because they require special handling from the airport and air traffic control. Your flight confirmation may have a cancelation policy that is different from this EULA. In all such cases, what is on your confirmation supersedes this document and should be used as the cancelation restrictions on your flight.
- Mechanical Issues. We maintain the highest standards for aviation safety and if at any time before your flight or during the flight the charter operator determines that the aircraft can not or shall not be operated for the reason of safety or regulatory compliance Operator reserves the right to cancel your flight or remainder of the flight. TapJets will make a reasonable effort to locate another aircraft for your flight but shall not be held liable for any costs above what you have paid initially to conduct your flight. You will be entitled to a full refund of the amount you have paid less the portion already flown.
- Weather Guarantee and Deicing Procedures If your Flight is canceled due to inclement weather, we will make our best efforts to get you to the airport closest to your destination and work with our partner car services, to get you to your destination. However, if we are unable to begin your flight, you will receive a credit for the cost of your Flight in your Account for any unused portion of the flight time. In the event, your aircraft has landed or has to depart from the airport where there is a potential for accumulation of ice on the fuselage or wings of the airplane operator may require for the aircraft to undergo the de-icing procedure. There is a separate charge for this service by local FBO, and this charge will be billed directly to you upon completion of your flight. The crew will make you aware of any charges and alternative options for departure before making de-icing arrangments.
- FEES; PAYMENTS; REFUNDS AND CREDITS.
- Fees. The fee for each Flight will be displayed on the Service. Fees are due and payable upon reserving a Flight. TapJets at its own discretion can delay charging you for the flight until 72 hours prior to departure.
- How Fees are Calculated. TapJets uses flight planning software that makes the best flight time estimate based on the distance between locations, winds, weather, and routing available. The flight time is multiplied by an hourly charter price displayed in App. It is possible that due to weather changes, routing provided by Air Traffic Controllers, and Airport conditions your actual flight time may be less or more than our software initially estimated. In such cases the actual Flight Time will be recorded by your pilot and balance will be credited or charged to the same method of payment. A copy of the flight receipt will be provided to you upon completion of each flight.
- Flight Time. Is defined by TapJets Terms of Services herein as a time from the engine start at departure location to the time engine is stopped at your destination.
- Payments. The Service currently uses third parties to process payments. Our third-party payment processors accept payments through various credit cards, as detailed on the applicable payment screen. You hereby agree that before you begin any chargeback process with issuing bank you will notify TapJets and allow us to resolve the issue within 10 business days from the receipt of your request in writing. All monetary transactions on the Service take place in U.S. Dollars.
Refunds, Payments and Credits.
- At all times our refunds and credits considerations are guided by the time of the booking you are making and its eligibility for cancelation as per section 5 of this agreement. If your quote or confirmation contains different cancelation procedures or cancelation policy the quote takes precedence over this agreement cancelation policy.
- If you cancel and it is at least 72 hours prior to the scheduled flight TapJets will issue a full refund for any amounts charged to you related to your reserved Flight.
- If you cancel between 72 hours and 24 hours from your scheduled departure time TapJets will issue a credit, to your TapJets account, towards future flights with TapJets. This credit never expires and can be used by you or someone you authorize to book a new reservation. iii. If you cancel less than 24 hours prior to your scheduled departure, TapJets will issue a credit, to your TapJets account, good towards future flight with TapJets minus the costs incurred by TapJets in preparation to your scheduled flight. This may include but is not limited to pilot costs, flight planning costs, permitting and customs fees, fuel and airplane time if one was repositioned to your nearest airport prior to cancelation being received.
- Payment by Bitcoin or Ethereum (cryptocurrency) is accepted to our BTC/ETH wallet address at the time of the checkout. The transfer is expected to be completed by you within 3 hours from the time of booking. Payments made by Bitcoin or Ethereum are not refundable due to market volatility. Once accepted the currency is held in the coin (or altcoin) that it was sent to TapJets and converted to a flat currency (USD) seventy-two (72) hours before your flight. Once the cryptocurrency is converted, the equivalent USD amount is credited to your TapJets account towards your flight payment. If your flight is canceled in accordance with the above cancelation rules and prior to 72 hours TapJets will refund your payment in the original cryptocurrency that was received. After 72 hours prior to flight, in the event of the cancelation, a USD equivalent would be refunded in accordance with cancelation policy of your flight. In the event the value of the cryptocurrency drops before it is converted to flat currency prior to your flight as described above, you will be asked to reimburse the difference in USD value from the time you have made the booking to the time we converted your cryptocurrency to a flat currency which is 72 hours prior to your flight.
- Payment by ACH (check by phone) is accepted and must be completed 3 business days prior to your departure. Funds must clear and be verified by the bank before the flight schedule is finalized. If shorter time exists between the booking and the departure date a wire transfer is accepted to facilitate instant booking. Credit Card is required at the time of booking to backup the ACH while it is being processed if your flight is scheduled to depart in less than 72 hours.
- THIRD PARTY MATERIALS
- You understand that by using the Service, you may encounter data, information, applications, or materials from third parties, including other users of the Service (“Third Party Materials”) and other content, including content from TapJets (collectively (including Third Party Materials), “Content”), that may be deemed offensive, indecent, or objectionable, which Content may or may not be identified as having explicit language or other material. Nevertheless, you agree to use the Service, and rely upon any Content accessible through the Service, at your sole risk and that TapJets will not have any liability to you for Content that may be found to be offensive, indecent, or that is inaccurate, incomplete, untimely, invalid, illegal, indecent, of poor quality or otherwise objectionable.
- You agree and understand that the Service contains proprietary content, information, and material that is protected by applicable intellectual property and other laws, including, but not limited to, copyright, and that you will not use such proprietary content, information, or materials except for permitted use of the Service. No portion of the Service may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you will not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Service in any manner to harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of any other party, and that TapJets is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, illegal, or other harmful messages or transmissions that you may receive as a result of using the Service.
- In addition, third-party services and Third Party Materials that may be accessed from, displayed on, or linked to from your device are not available in all languages or in all countries. TapJets makes no representation that such services and materials are appropriate or available for use in any particular location. To the extent you choose to access such services or materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including, but not limited to, applicable local laws. TapJets and its licensors reserve the right to change, suspend, remove, or disable access to such services at any time without notice. In no event will TapJets be liable for the removal of or disabling of access to any such services. TapJets may also impose limits on the use of or access to certain services at any time, in any case, and without notice or liability.
8.YOUR USE OF THE SERVICE AND THE CONTENT
Your rights to use the Service are expressly conditioned on the following:
- You may access the Service for your personal and informational purposes only, and solely as intended through the provided functionality of the Service and as permitted under this EULA.
- Unless expressly permitted, you may not alter, modify, create derivative works of, sell, license, or in any way exploit any part of the Service.
- Unless expressly permitted, you agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream, or broadcast any part of the Service without TapJets prior written authorization, including, by way of example and not limitation, by doing or engaging in any of the following without TapJets express written consent:
- altering, defacing, mutilating, or otherwise bypassing any approved software through which the Service is made available; and
- using any trademarks, service marks, design marks, logos, photographs, or other content belonging to TapJets or obtained from the Service.
- You agree not to bypass, circumvent, damage, or otherwise interfere with any security or other features of the Service (including Content and collectively, “Service Materials”) designed to control the manner in which the Service is used, harvest or mine Content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human usage.
- You agree not to undertake, cause, permit, or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling, or hacking of any aspect of the Service or Content or any part thereof, or attempt to do any of the foregoing, except and solely to the extent permitted by this EULA, the authorized features of the Service or Content, or by law, or otherwise attempt to use or access any portion of the Service other than as intended by TapJets.
- You agree not to use, display, mirror, frame, or utilize framing techniques to enclose the Service or the Content, or any portion thereof, through any other application or website, unless and solely to the extent TapJets makes available the means for embedding any part of the Service or the Content.
- You agree not to access, tamper with, or use non-public areas of the Service, TapJets (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of TapJets providers.
- You agree not to harass, abuse, harm, or advocate or incite harassment, abuse, or harm of another person or group, including TapJets employees.
- You agree not to provide any false personal information to TapJets.
- You agree not to create a false identity or impersonate another person or entity in any way.
- You agree not to create a new account with TapJets, without TapJets express written consent if TapJets has previously disabled an account of yours.
- You agree not to solicit, or attempt to solicit, personal information from other users of the Service.
- You agree not to restrict, discourage, or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of such person, or collect information about users of the Service.
- You agree not to use the Service, without TapJets express written consent, for any commercial purpose, including communicating or facilitating any commercial advertisement or solicitation.
- You agree not to gain unauthorized access to the Service, to other users’ accounts, names, or personally identifiable information, or to other computers or websites connected or linked to the Service.
- You agree not to post, transmit or otherwise make available any virus, worm, spyware, or any other computer code, file, or program that may or is intended to disable, overburden, impair, damage, or hijack the operation of any hardware, software, or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service.
- You agree not to interfere with or disrupt the Service, networks, or servers connected to the Service or violate the regulations, policies or procedures of such networks or servers.
- You agree not to violate any applicable federal, state, or local laws or regulations or the EULA.
- You agree not to assist or permit any persons in engaging in any of the activities described above.
9. THIRD PARTY SOFTWARE
The software you download consists of a package of components, including certain third party software (“Third Party Software” and together with the App, the “Package”) provided under separate license terms (the “Third Party Terms”), as described in more detail at the bottom of this EULA. Your use of the Third Party Software in conjunction with the App in a manner consistent with the terms of this EULA is permitted, however, you may have broader rights under the applicable Third Party Terms and nothing in this EULA is intended to impose further restrictions on your use of the Third Party Software.
10. CONSENT TO USE OF DATA
The Service, and the media and materials contained therein, including all intellectual property rights therein, is the sole and exclusive property of TapJets and its licensors. Except for the limited license expressly granted by and to you under this EULA, no other rights, licenses, or immunities are granted or will be deemed to be granted under this EULA, either expressly, or by implication, estoppel or otherwise. All rights not expressly granted by a party hereunder are expressly reserved.
The EULA is effective until terminated by you or TapJets. Your rights under this EULA will terminate automatically without notice from TapJets if you fail to comply with any term(s) of this EULA (including by violating any license restriction provided herein). You may terminate this EULA by uninstalling the App. Upon any termination of this EULA, you must immediately cease all use of the Service, and destroy all copies, full or partial, of the App.
You agree to indemnify and hold TapJets Inc., and its members , employees, agents, successors, and assigns harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected to (a) your access, use, or misuse of the Service or Content, or (b) your violation of this EULA. TapJets will use reasonable efforts to notify you of any such claim, action, or proceeding for which it seeks an indemnification from you upon becoming aware of it, but if TapJets is unable to communicate with you in a timely manner because of an inactive or erroneous e-mail address for you, your indemnification obligation will continue notwithstanding TapJets inability to contact you in a timely manner.
13. NO WARRANTY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE, THE PACKAGE, AND SERVICE MATERIALS ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, THE PACKAGE, AND ALL SERVICE MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND TAPJETS HEREBY DISCLAIMS, ON BEHALF OF ITSELF AND ITS SUPPLIERS AND LICENSORS, ALL WARRANTIES AND CONDITIONS WITH RESPECT THERETO, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TAPJETS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, THE PACKAGE, OR SERVICE MATERIALS, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE SERVICE, PACKAGE, OR SERVICE MATERIALS WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE, THE PACKAGE OR SERVICE MATERIALS WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE, OR THAT ANY DEFECTS IN ANY OF THE FOREGOING WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TAPJETS OR ITS AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE EULA. SHOULD THE SERVICE, PACKAGE, OR SERVICE MATERIALS PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU, BUT IN SUCH A CASE THE FOREGOING WILL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
14. LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL TAPJETS OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, THE PACKAGE, OR SERVICE MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF TAPJETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL TAPJETS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE GREATER OF THE AMOUNTS PAID TO TAPJETS BY YOU IN THE PRECEDING 12 MONTHS OR ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATION OF CERTAIN TYPES OF DAMAGES OR LIABILITIES, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU, BUT IN SUCH A CASE THE FOREGOING WILL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW. TAPJETS DOES NOT PROVIDE CAR TRANSPORTATION SERVICES AND IS NOT A CAR TRANSPORTATION CAR TRANSPORTATION PROVIDER, DRIVER, OR VEHICLE OPERATOR TO OFFER TRANSPORTATION SERVICES WHICH MAY BE SCHEDULED THROUGH THE SERVICE. TAPJETS OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH THIRD-PARTY CAR TRANSPORTATION SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE CAR TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION CARRIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES. TAPJETS MAY INTRODUCE YOU TO THIRD-PARTY TRANSPORTATION PROVIDERS TO PROVIDE YOU TRANSPORTATION, WHILE TAPJETS MAKES EVERY EFFORT TO VERIFY THESE TRANSPORTATION PROVIDERS TAPJETS DOES NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY THIRD-PARTY TRANSPORTATION PROVIDER AND YOU EXPRESSLY WAIVE AND RELEASE TAPJETS FROM ANY AND ALL LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD-PARTY TRANSPORTATION PROVIDER. YOU ACKNOWLEDGE THAT TAPJETS DOES NOT MONITOR ANY THIRD-PARTY TRANSPORTATION PROVIDER’S ON-GOING COMPLIANCE WITH ANY AND ALL LICENSING AND/OR PERMITTING RULES AND REGULATIONS, AND TAPJETS WILL NOT BE RESPONSIBLE FOR ANY LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO A THIRD-PARTY TRANSPORTATION PROVIDER’S FAILURE TO MAINTAIN A CURRENT LICENSE AND/OR PERMIT. TAPJETS WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING TAPJETS’S SERVICES RESTS SOLELY WITH YOU. TAPJETS WILL NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY SUCH THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE TAPJETS FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE SERVICE. THE QUALITY OF THE TRANSPORTATION SERVICES SCHEDULED THROUGH THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD-PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH TRANSPORTATION SERVICES TO YOU. YOU UNDERSTAND THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO TRANSPORTATION THAT IS POTENTIALLY DANGEROUS, HARMFUL, OR OTHERWISE UNSAFE AND THAT YOU USE THE SERVICE AT YOUR OWN RISK. IN NO EVENT WILL TAPJETS, ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, DEATH, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS SERVICE, PERSONS YOU MEET THROUGH THE SERVICE OR FLIGHTS YOU BOOK THROUGH THE SERVICE.
15. THIRD PARTY DISPUTES
ANY DISPUTE YOU HAVE WITH ANY CARRIER, SERVICE PROVIDER, OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY AND YOU IRREVOCABLY RELEASE TAPJETS AND ITS MEMBERS, AFFILIATES, AGENTS, SUBSIDIARIES, JOINT VENTURES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
16. DISPUTE RESOLUTION
- Mandatory Arbitration. Please read this carefully. It affects your rights. YOU AND TAPJETS AND EACH OF OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND PERMITTED ASSIGNS AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT OR ARISE FROM YOUR VIOLATION OF THIS EULA), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF YOUR USE OF THE SERVICE.. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.
- Commencing Arbitration. A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by you to TapJets, to you via any other method available to TapJets, including via e-mail. The Notice to TapJets should be addressed to Houston HQ 3707 FM1960 RD Suite 103, Houston, TX 77068, Attn: Chief Legal Officer (the “Arbitration Notice Address”). The Notice must (A) describe the nature and basis of the claim or dispute; and (B) set forth the specific relief sought (the “Demand”). If you and TapJets do not reach an agreement to resolve the claim within 90 days after the Notice is received, you or TapJets may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (the “Rules”), AS MODIFIED BY THIS AGREEMENT. The Rules and AAA forms are available online at www.adr.org. If you are required to pay a filing fee to commence an arbitration against TapJets, then TapJets will promptly reimburse you for your confirmed payment of the filing fee upon TapJets’s receipt of Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand is equal to or greater than $1,000 or was filed in bad faith, in which case you are solely responsible for the payment of the filing fee.
- Arbitration Proceeding. The arbitration will be conducted in the English language. A single independent and impartial arbitrator will be appointed pursuant to the Rules, as modified herein. You and TapJets agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (A) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (B) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (C) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- No Class Actions. YOU AND TAPJETS AGREE THAT YOU AND TAPJETS MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID.
- The decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim. The arbitrator will apply the laws of the State of Texas in conducting the arbitration. You acknowledge that these terms and your use of the Service evidences a transaction involving interstate commerce. The United States Federal Arbitration Act will govern the interpretation, enforcement, and proceedings pursuant to the Mandatory Arbitration clause in this EULA.
- Equitable Relief. The foregoing provisions of this Dispute Resolution section do not apply to any claim in which TapJets seeks equitable relief of any kind. You acknowledge that, in the event of a breach of this EULA by TapJets or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against TapJets, and your only remedy will be for monetary damages, subject to the limitations of liability set forth in this EULA.
- Claims. You and TapJets agree that notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to this EULA or the Service, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
- Improperly Filed Claims. All claims you bring against TapJets must be resolved in accordance with this Dispute Resolution section. All claims filed or brought contrary to this Dispute Resolution section will be considered improperly filed. Should you file a claim contrary to this Dispute Resolution section, TapJets may recover attorneys' fees and costs up to $50,000, provided that TapJets has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
- Modifications. In the event that TapJets makes any future change to the Mandatory Arbitration provision (other than a change to TapJets’s Arbitration Notice Address), you may reject any such change by sending us written notice within 30 days of the change to TapJets’s Arbitration Notice Address, in which case your account with TapJets and your license to use the Service will terminate immediately, and this Dispute Resolution provision, as in effect immediately prior to the amendments you reject, will survive the termination of this EULA.
- Enforceability. If only Section 17 (a)(iii) or the entirety of this Section 17 is found to be unenforceable, then the entirety of this Section 17 will be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 18will govern any action arising out of or related to this EULA.
17. GOVERNING LAW
The laws of the State of Texas, excluding its conflicts of law rules, govern this EULA and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state and federal courts located in Harris County, Texas, and you hereby irrevocably submit to personal jurisdiction in such courts, and waive any defense of inconvenient forum. Nothing stated in Section 17 or 18 shall preclude TapJets from filing a lawsuit of any kind related to your violation of the terms of EULA, and in such cases TapJets reserves the right to bring the suit in any jurisdiction that TapJets at its sole discretion feels appropriate based on where the events leading up to the violation of EULA occurred.
You may not assign this EULA or any of the rights or licenses granted hereunder, directly or indirectly, including by sale, merger, change of control, operation of law, or otherwise, without the prior written consent of TapJets. This means that in the event you dispose of any device on which you have installed the App, such as by sale or gift, you are responsible for deleting the App from your mobile device prior to such disposition. TapJets may assign this EULA, including all its rights hereunder, without restriction.
The provisions of the EULA that are intended to survive the termination of the EULA by their nature will survive the termination of the EULA, including, but not limited to, Sections (The Service), (Your Use of the Service and Content), (Third Party Software), (Consent to Use of Data), (Ownership), (Feedback), (Termination), (Indemnity), (No Warranty), (Limitation of Liability), (Third Party Disputes), (Dispute Resolution), (Governing Law), (Assignment), (Survival), (Consent to Electronic Communications), (Miscellaneous), and (Contacting TapJets).
20. CONSENT TO ELECTRONIC COMMUNICATIONS
22. CONTACTING TAPJETS
You can contact TapJets, Inc. by email at email@example.com, or by U.S. mail at Houston HQ 3707 FM1960 RD Suite 103, Houston, TX 77068
23. NOTICE REGARDING APPLE.
You acknowledge that this EULA is between you and TapJets only, not with Apple, and Apple is not responsible for the App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the App or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the App. Apple, and Apple’s subsidiaries are third party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary of this EULA. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If TapJets provides a translation of the English language version of these Terms, the translation is provided solely for convenience, and the English version will prevail.