TERMS &
CONDITIONS

Last Revised: May 29, 2015

Welcome to TailBus! These Terms of Use (“Terms of Use”), together with our Privacy Policy which can be found at
www.TailBus.com/privacy_policy (the “Privacy Policy”) govern your use of the group transportation platform offered by TailBus, Inc. (“TailBus,” “we” or “us”) at our website, www.TailBus.com (the “Website”), (collectively, such Website and transportation booking services, the “Services”).

BY USING THE SERVICES, YOU ACCEPT ALL OF THE TERMS AND CONDITIONS OF THE PRIVACY POLICY AND THESE TERMS OF USE AND REPRESENT TO US THAT YOU ARE 18 YEARS OF AGE OR OLDER AND ARE LEGALLY COMPETENT TO ENTER INTO AND AGREE TO THE TERMS AND CONDITIONS OF THE PRIVACY POLICY AND TERMS OF USE. IF YOU DO NOT ACCEPT THE PRIVACY POLICY AND THESE TERMS OF USE, THEN YOU ARE NOT AUTHORIZED TO USE ANY OF TAILBUS’S SERVICES.

THESE TERMS OF USE INCLUDE (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; AND (3) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICES. BY USING ANY OF THE SERVICES, YOU AGREE TO THESE PROVISIONS.

Please review the following carefully so that you understand the terms of these Terms of Use. These Terms of Use describe your responsibilities, TailBus’s liability and the liability of third parties related to the Services. All TailBus users as well as all users of the transportation services booked through TailBus’s Services must accept and comply with the terms and conditions set forth herein. If you have any questions regarding these Terms of Use, please contact us via email at info@TailBus.com.

TailBus reserves the right to change the terms of these Terms of Use from time to time. Unless we designate a different date for effectiveness, such changes will be effective when notice is given to you, and notice will be considered given when such notice is indicated and accessible from the first page. You agree that the amended terms and conditions of these Terms of Use shall be effective and binding on you upon the effective date indicated in such notice or on such other date as TailBus may designate in its notice.

ABOUT THE SERVICES

TailBus operates a social, web-based platform for crowdsourced transportation on chartered vehicles. On the TailBus platform, you can create and organize private trips on chartered vehicles (each a “Trip”); invite friends to participate in the Trips; and join Trips that you have been invited to join. TailBus does not own or operate any vehicles; the chartered vehicles booked through the Service are operated by third party transportation providers (“Charter Operators”). The Charter Operators may impose their own terms and conditions on your use of the transportation services provided by the Charter Operators (“Charter Operator Terms”). TailBus provides no representations or warranties regarding the vehicles operated by Charter Operators, including, without limitation, the suitability of such vehicles for persons with disabilities. For information concerning the suitability of Charter Operator’s vehicles for persons with disabilities, please contact us at info@TailBus.com and we will provide you with the Charter Operator’s direct contact information. Your use of the Services and the transportation services provided by the Charter Operators is conditioned upon your compliance with these Terms of Use as well as the Charter Operator Terms.

THIRD PARTY SERVICES

You may register for the Services using third party service providers (e.g., Facebook Connect) (“Third Party Services”) and otherwise enable various Third Party Services to be directly integrated into your TailBus experience. By directly integrating Third Party Services into the Services, we make your online experiences richer and more personalized. By enabling Third Party Services within the Service, you permit us to pass Trip data to Third Party Services for this purpose. For more information about the implications of activating Third Party Services and TailBus’s use, storage, and disclosure of information related to you and your use of such services within the Service, please see our Privacy Policy at www.TailBus.com. Please remember that the manner in which Third Party Services use, store and disclose your information is governed solely by the policies of such Third Party Services. You should review the applicable terms and policies of Third Party Services, including privacy and data gathering practices. TailBus shall have no liability or responsibility for the privacy practices or other actions of any Third Party Services or any other third party site or service that may be enabled within the Service.

The Services may display, include or make available content, data, information, applications or materials from Third Party Services (“Third Party Materials”) or provide links to certain third party websites. By using the Services, you acknowledge and agree that TailBus is not responsible for examining or evaluating the content, accuracy, availability, reliability, completeness, timeliness, validity, copyright compliance, legality, decency, quality, data, opinions or any other aspect of such Third Party Materials or websites. TailBus does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any Third Party Services, Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you. Neither TailBus, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of information or data displayed by, or made available through, the Services.

Third Party Services and Third Party Materials that may be accessed from, displayed on or linked to from the Website are not available in all languages or in all countries. TailBus makes no representation that Third Party Services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to access Third Party Services or Third Party 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. TailBus, and its affiliates and licensors, reserve the right to change, suspend, remove, or disable access to Third Party Services or Third Party Materials at any time without notice. In no event will TailBus be liable for the removal of or disabling of access to any Third Party Services or Third Party Materials. TailBus may also impose limits on the use of or access to Third Party Services or Third Party Materials, in any case and without notice or liability.

REGISTRATION AND BOOKING

The Ticket Price may include separate charges for fees and taxes, which can vary by location. TailBus currently does not offer trip cancellation insurance. You agree that on Trips between the United States and Canada, you will be solely responsible for the payment of any customs duties and fees that may accrue in connection with goods that you transport across an international border.

RULES FOR USER CONDUCT AND USE OF THE SERVICES

It is your responsibility to arrive at the Pick-up Location at the Departure Time with your confirmation email and identification. If you fail to do so, the Charter Operator may deny you access to travel services. If you violate the Charter Operator Terms, the Charter Operator may cancel your ticket on a Trip and deny you access to travel services. As a result, you may forfeit any amount paid for Trip tickets. For Trips between the United States and Canada, it is your sole responsibility to ensure that you have appropriate international travel documentation (passport, visa, etc.) to permit your entry into Canada and your return to the United States.

In addition to the Charter Operator Terms, during the Trip, you agree to abide by a reasonable standard of appropriate conduct. You agree to obey all applicable laws, keep the vehicle clean and safe and to behave in a manner respectful to the other passengers. While aboard the vehicle, you agree that you shall not smoke, disturb the driver, or transport any prohibited items (including, but not limited to, drugs, flammable or combustible materials, guns, knives or other weapons, and animals).

The Charter Operator may refuse to transport or remove you from the Charter Operator’s vehicle at any time: if your conduct is disorderly, abusive or violent; if you attempt to interfere with the driver or the operation of the vehicle; if you refuse to follow the instructions of the driver of the vehicle; or if you engage in any action that might jeopardize the vehicle or any of its occupants.

For Trips between the United States and Canada, you agree that you will be solely responsible for completing any required customs and immigration documentation on your own behalf, and that you will comply with all U.S. and Canadian customs laws and with any instructions issued by customs authorities in either country. You acknowledge that you, your luggage, and any items you carry with you are subject to examination and detention by U.S. and Canadian customs authorities. Neither TailBus nor the Charter Operator will have any liability to you with respect to such examination or detention, nor will they be required to delay the Trip to accommodate such proceedings. If you and/or your luggage or other personal items are prevented from crossing an international border by the customs authorities of the United States or Canada, you agree: (1) that you will accept sole responsibility for arranging separate transportation for yourself and/or your luggage or other personal items to your intended destination; (2) that neither TailBus nor the Charter Operator will have any obligation or liability with respect to such transportation, or with respect to any other costs that you may incur in connection with such circumstances; and (3) that you will not be entitled to a refund of any portion of the Trip Fee as a result of your inability to remain (or to have your luggage or other personal items remain) with the Trip. You also acknowledge that Trips between the United States and Canada may in some cases involve delays in crossing the international border that are beyond the control of TailBus or the Charter Operator. You agree that in the event of such delays TailBus will have no obligation to adjust the Trip Fee and will have no liability for any expenses you may incur as a result of such delays.

The amount, weight and size of the luggage that you may bring on a Trip may vary by Trip and Charter Operator. Unless stated otherwise, the standard baggage allowance is one carry-on item that fits within an overhead bin or under seat, plus one piece of luggage not to exceed 50 pounds. Charter Operators determine in their sole discretion which luggage can be stowed onboard or inside the vehicle. If a Charter Operator determines that your luggage cannot be transported, you shall not be entitled to a refund. It is your responsibility to check with the Charter Operator before your trip commences whether your luggage will be permitted; to ask for express written permission for your luggage if it is an exception to the Charter Operator’s luggage policy; and to provide the written permission to the Charter Operator employees when requested. For an additional fee, TailBus may offer you a supplementary baggage allowance. If the Charter Operator determines that the item(s) for which you paid the supplementary baggage allowance fee cannot be transported, you shall be entitled to a refund of the supplementary baggage allowance fee but shall not be entitled to a refund of your ticket.

TailBus shall not be held liable for lost, damaged, or stolen luggage. You are solely responsible for maintaining your property and personal effects brought on board the vehicle. The Charter Operator may permit you to leave your luggage on a vehicle during periods of time when you are not occupying the vehicle; provided, however, that the terms of such permission shall be solely between you and the Charter Operator and TailBus assumes no liability for lost, damaged, or stolen luggage under any circumstances.

LICENSE TO YOU

TailBus hereby grants to you, subject to the terms and conditions of these Terms of Use, a personal, nonexclusive, nontransferable, limited license (without the right to sublicense) to access and use the Services (including updates and upgrades that replace or supplement it in any respect and which are not distributed with a separate license, and any documentation) solely for your personal use, subject to the limitations set forth below. These Terms of Use are limited to the intellectual property rights of TailBus and its affiliates and licensors and do not include any rights to other patents or intellectual property. All rights not expressly granted herein are reserved by TailBus.

You agree to protect the Services, and their proprietary content, information and other materials, from any unauthorized access or use, and you agree that you will not use the Services or such proprietary content, information or other materials except as expressly permitted herein or expressly authorized in writing by TailBus. Except as specifically permitted herein or expressly authorized in writing by TailBus, you agree that you will not directly or indirectly: (a) distribute, sell, transfer, rent, lease, sublicense or otherwise exploit the Services in any unauthorized manner; or (b) copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the Services, any updates, or any part thereof in any form or manner or by any means. You understand and agree that you are not permitted to: (x) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the Services; (y) use any means to discover the trade secrets in the Services; or (z) otherwise circumvent any functionality that controls access to or otherwise protects the Services. Any attempt to do any of the foregoing is a violation of the rights of TailBus and its affiliates and licensors. If you breach these restrictions, you may be subject to prosecution and damages.
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) that you see or read through the Services is owned by TailBus or its affiliates or licensors, excluding user generated content and Your Content (as defined herein) that TailBus has the right to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. TailBus owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Material as a collective work under the United States Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. You may not copy, download, use, redesign, reconfigure, or retransmit anything from the Services without TailBus’s express prior written consent and, if applicable, the holder of the rights to the user generated content. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of TailBus and, if applicable, the holder of the rights to the user generated content. The service marks and trademarks of TailBus are service marks owned by TailBus. Any other trademarks, service marks, logos and/or trade names appearing via the Services are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.

LICENSE TO TailBus

Subject to the terms of the Privacy Policy, You hereby grant to TailBus a nonexclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, sublicenseable license to access, use, reproduce, transmit, display and adapt any content that you post, upload, publish, submit or transmit to be made available through the Services, including photographs, videos, ratings or reviews (“Your Content”). By posting or submitting Your Content to the Website or Services, including any publicly accessible blog or community forum we may make available (collectively “Forums”), you represent and warrant (a) that you own or otherwise control all of the rights to Your Content, including without limitation, all copyrights; (b) that Your Content is accurate; and (c) that use of Your Content does not violate these Terms of Use or the Privacy Policy and will not cause injury to any person or entity. We take no responsibility and assume no liability for any content or materials submitted or posted on the Website or Services, including in the Forums, by you or any third party. WE RESERVE THE RIGHT TO REMOVE ANY CONTENT, MATERIAL, OR SUBMISSION THAT WE DETERMINE IN OUR SOLE DISCRETION VIOLATES ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE WEBSITE OR SERVICES, INCLUDING IN THE FORUMS.

You hereby acknowledge that any and all (i) suggestions for correction, change and modification to the Services and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to TailBus by you (collectively “Feedback”), and all (ii) improvements, updates, modifications or enhancements, whether made, created or developed by TailBus or otherwise relating to Services (collectively, “Revisions”), are and will remain the property of TailBus. You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the Services or in any such Feedback or Revisions. All Feedback and Revisions become the sole and exclusive property of TailBus and TailBus may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to TailBus any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions. At TailBus’s request, you will execute any document, registration or filing required to give effect to the foregoing assignment.

YOUR RESPONSIBILITIES

You are solely responsible for your use of and activity in relation to the Website, Services and Forums. Your permission to use the Website, Services and Forums is conditioned upon the following use and conduct restrictions. You agree that you will not under any circumstances: (a) post or submit any content that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive; (b) create a false identity or impersonate any person; (c) use the Website, Services or Forums for any unlawful purpose or for the promotion of illegal activities; (d) distribute or submit unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (e) attempt to, or harass, abuse or harm another person or user; (f) provide false or inaccurate information to TailBus; or (g) publish, submit or link to malicious content intended to damage or disrupt the browser, computer or systems of TailBus or of any other person or entity.

You acknowledge that people participating in public or semi-public spaces on the Website or Services, including Forums, occasionally post content or material, or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, illegal or deceptive. We neither endorse nor are responsible for such submissions or statements, or for any opinion, advice, information or other utterance made or displayed on the Website or Services, including in the Forums, by any third person. The opinions expressed in the Forums reflect solely the opinion(s) of the participants of the Forums and do not necessarily reflect the opinion(s) of TailBus. We have no obligation to monitor the Website, Services or Forums or any submissions or other materials that you or other third persons or parties transmit or post on the Website, Services or Forums. You acknowledge and agree that we have the right (but not the obligation) to do any or all of the following, at our sole discretion: (a) alter, remove or refuse to post or allow to be posted or stored any user-submitted content, material or message; (b) monitor and/or filter any of your communications through the Forums (including without limitation, by means of blocking or replacing expletives or other language that may be deemed harmful or offensive); and (c) disclose any submission or message or any communication through the Forums, and the circumstances surrounding the transmission thereof, to any third party in order to operate the Website to (i) protect us and our employees, officers, directors, shareholders, agents, representatives, affiliates, users and visitors; (ii) comply with legal obligations or governmental requests; (iii) to enforce these Terms of Use; or (iv) for any other reason or purpose.

TERM AND TERMINATION

These Terms of Use shall commence when you begin using the Services and shall continue until terminated in accordance with this Section 4. You may terminate your account upon one day prior notice by emailing us at info@TailBus.com and ceasing all use of the Services.

TailBus may terminate these Terms of Use and cancel your account at any time immediately upon notice to you. TailBus may also, upon notice to you, immediately terminate these Terms of Use if you: (i) fail to comply with any term or condition specified in these Terms of Use or any policy posted by TailBus on the Website from time to time; or (ii) engage in any activities or conduct while using the Services or the transportation services provided by the Charter Operators that TailBus, in its reasonable discretion, determines to be inappropriate, negligent, offensive, abusive or otherwise unacceptable.

Upon termination, all of your rights to use TailBus's Services and the services of the Charter Operators shall immediately terminate. All sections which by their nature should survive the expiration or termination of these Terms of Use shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms of Use.

DISCLAIMER OF WARRANTIES

ALL USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES AND ANY CONTENT AND INFORMATION PRESENTED ON THE WEBSITE OR VIA THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, TIMELINESS, ACCURACY, COMPLETENESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR SAFETY. TailBus MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICES, OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, AND (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. TAILBUS DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE OR PRODUCT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND TAILBUS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS EXPRESSLY PROVIDED HEREIN.

TailBus ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE OPERATION OF THE CHARTERED VEHICLES OR THE TRAVEL SERVICES PROVIDED BY CHARTER OPERATORS.

WITHOUT LIMITING THE FOREGOING, NEITHER TailBus NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THE SERVICES WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES. NEITHER TailBus NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. NEITHER TailBus NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF YOU OR ANY USER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION

You hereby agree to indemnify, defend, and hold harmless TailBus, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates, including Charter Operators, from and against any and all claims, actions, suits, demands, losses, damages, liabilities, costs and expenses, including reasonable attorneys' fees and costs arising out of your negligence or willful misconduct, your failure to comply with any Charter Operator Terms, or otherwise in connection with your use of the Services. TailBus reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of TailBus.

LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES WILL TailBus BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, ARISING FROM OR RELATED TO THESE TERMS OF USE OR USE OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, TailBus SHALL HAVE NO LIABILITY FOR ANY (I) LOSS OF, OR DAMAGE TO, ANY PERSONAL ITEM OR LUGGAGE WHILE ON THE CHARTER OPERATOR’S VEHICLE, (II) LOSS OR DAMAGE IN RELATION TO YOU OR ANY THIRD PARTY ARISING FROM THE USE OF THE SERVICES OF A CHARTER OPERATOR, OR (III) LOSS OR DAMAGE ARISING FROM OR IN RELATION TO THE DISCLOSURE OR DISPLAY OF ANY CONTENT YOU POST OR SUBMIT TO THE SERVICES OR FROM ANY INTERACTIONS WITH TailBus OR ANY OTHER USER OF THE SERVICES.

IN NO EVENT SHALL TailBus’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

YOU AGREE THAT THE ABOVE LIMITATIONS OF LIABILITY TOGETHER WITH THE OTHER PROVISIONS IN THESE TERMS OF USE THAT LIMIT LIABILITY ARE ESSENTIAL TERMS OF THESE TERMS OF USE AND THAT TailBus WOULD NOT BE WILLING TO GRANT YOU THE RIGHTS SET FORTH IN THESE TERMS OF USE BUT FOR YOUR AGREEMENT TO THE ABOVE LIMITATIONS OF LIABILITY; YOU ARE AGREEING TO THESE LIMITATIONS OF LIABILITY TO INDUCE TailBus TO GRANT YOU THE RIGHTS SET FORTH IN THESE TERMS OF USE.

DISPUTE RESOLUTION – ARBITRATION, NO CLASS ACTIONS.

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THESE TERMS OF USE OR THE SERVICES WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act (“FAA”) and federal arbitration law apply to these Terms of Use.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE TERMS OF USE AS A COURT WOULD.

If you intend to seek arbitration you must first send written notice to TailBus’s Customer Service Center of your intent to arbitrate ("Notice"). The Notice to TailBus should be sent by any of the following means: (i) electronic mail to info@tailbus.com; or (ii) sending the Notice by U.S. Postal Service certified mail to TailBus, 40 West 25th Street, 12th Floor, New York, NY 10010. The Notice must (x) describe the nature and basis of the claim or dispute; and (y) set forth the specific relief sought. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879.

Except as otherwise provided for herein, TailBus will pay all AAA filing, administration and arbitrator fees. If, however, the arbitrator finds that either the substance of your claim or the relief sought is improper or not warranted, as measured by the standards set forth in Federal Rule of Civil Procedure 11(b), then the payment of all such fees shall be governed by the AAA Rules. In such case, you agree to reimburse TailBus for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. If the arbitrator grants relief to you that is equal to or greater than the value of your demand, TailBus shall reimburse you for your reasonable attorneys’ fees and expenses incurred for the arbitration.

WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration we EACH WAIVE ANY RIGHT TO A JURY TRIAL. We also both agree that you or we may bring suit in court for injunctive relief, including to enjoin infringement or other misuse of intellectual property rights.

COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

Termination of Repeat Infringer Accounts. TailBus respects the intellectual property rights of others and requests that users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, TailBus has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service or the Website who are repeat infringers. TailBus may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.

DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials on the Website infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to TailBus’s designated copyright agent at TailBus, Inc., 40 W 25th St #12, New York, NY 10010

The date of your notification;

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;

Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;

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.

Counter-Notices. If you believe that Your Content that has been removed from the Website is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in Your Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:

Your physical or electronic signature;

A description of the content that has been removed and the location at which the content appeared before it was removed;

A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and

Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the TailBus copyright agent, TailBus may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in TailBus’s discretion) be reinstated on the Website in 10 to 14 business days or more after receipt of the counter-notice.

MISCELLANEOUS PROVISIONS

Assignment. The rights granted to you under these Terms of Use are not assignable or transferable, in whole or in part. Any attempt to transfer these Terms of Use without the written consent of TailBus shall be void and of no force and effect. TailBus may freely assign these Terms of Use, whether to an affiliate or to another entity in connection with a corporate transaction or otherwise. These Terms of Use will inure to the benefit of and will be binding upon each party’s successors and assigns.

Relationship. No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms of Use.

Waiver. No delay or omission by TailBus to exercise any right or power occurring upon any noncompliance or default by you with respect to any of the terms of these Terms of Use shall impair any such right or power or be construed to be a waiver thereof. Any waiver by TailBus of any covenant, condition, or agreement to be performed by you shall not be deemed to be a waiver of any prior or subsequent breach of the same, or of any other covenant, condition, or agreement hereunder. Unless stated otherwise, all remedies provided for these Terms of Use shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.

Severability. If any term, provision, covenant or condition of these Terms of Use is held invalid or unenforceable for any reason, the remainder of the provisions will continue in full force and effect as if these Terms of Use had been executed with the invalid portion eliminated. The parties further agree to substitute for the invalid provision a valid provision that most closely approximates the intent and economic effect of the invalid provision. The headings and captions contained herein will not be considered to be part of these Terms of Use but are for convenience only.

Governing Law. These Terms of Use are governed by the FAA and the laws in force in the Commonwealth of Massachusetts and shall be interpreted according to the FAA and the internal laws of such State, without reference to principles of conflicts of laws or choice of law rules.

Notices. Any notices or communication required or permitted to be given to you shall be in writing and shall be sufficiently given if delivered by email or mailed to you at the email or postage address provided to TailBus in your completed registration or as updated by you and on file with TailBus. Any notices or communication required or permitted to be given to TailBus shall be in writing and shall be sufficiently given if delivered via email or mailed as follows:

TailBus, Inc.

40 West 25th Street, 12th Floor

New York, NY 10010

Email Address: info@TailBus.com

Any notice delivered via email shall be deemed to have been received on the first business day after which it was sent, unless the sending party is notified that the email address is invalid. Any notice sent by letter shall be deemed to have been received on the fourth business day after it was posted.

Whole Agreement. These Terms of Use set forth the entire understanding of the parties with respect to the matters contained herein and there are no promises, covenants or undertakings other than those expressly set forth herein.

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