Last Updated: 2016/11/28
These Terms of Use ("Terms") govern the access or use by you, an individual, from within the United States and its territories and possessions of applications, websites, content, products, and services (the "Services") made available in the United States and its territories and possessions by eDapptive Group, LLC and its subsidiaries and affiliates (collectively, "eDapptive"). PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. In this Agreement, the words "including" and "include" mean "including, but not limited to."
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and eDapptive. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. eDapptive may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
eDapptive may amend the Terms related to the Services from time to time. Amendments will be effective upon eDapptive’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
The Services constitute a technology platform that enables users of eDapptive’s mobile applications (such as “Terminal Buddy”) or websites provided as part of the Services (each, an "Application") to use travel-related services and vendors, including U.S. governmental and independent third party information or service providers and third party logistics providers under agreement with eDapptive or certain of eDapptive’s subsidiaries ("Third Party Providers"). Unless otherwise agreed by eDapptive in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.
YOU ACKNOWLEDGE THAT EDAPPTIVE DOES NOT PROVIDE INFORMATION OR TRAVEL SERVICES OR FUNCTIONS AS A TRAVEL CARRIER. EDAPPTIVE’S SERVICES MAY BE USED BY YOU TO USE SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT EDAPPTIVE HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRAVEL OR SECURITY INFORMATION OR SERVICE PROVIDED TO YOU BY THIRD PARTY PROVIDERS THROUGH THE USE OF THE SERVICES OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
EDAPPTIVE DOES NOT GUARANTEE THE SUITABILITY, SAFETY OR ABILITY, OR ACCURACY OF INFORMATION, INCLUDING THAT OF THIRD PARTY PROVIDERS. IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE IF A THIRD PARTY PROVIDER SUPPLIES RELEVANT, TIMELY, SAFE, AND ACCURATE INFORMATION. EDAPPTIVE WILL NOT PARTICIPATE IN DISPUTES BETWEEN YOU AND A THIRD PARTY PROVIDER. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO SITUATIONS INVOLVING THIRD PARTY PROVIDERS THAT ARE POTENTIALLY UNSAFE, OFFENSIVE, HARMFUL TO MINORS, OR OTHERWISE OBJECTIONABLE, AND THAT USE OF SERVICES IS AT YOUR OWN RISK AND JUDGMENT. EDAPPTIVE SHALL NOT HAVE ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR TRANSACTIONS OR RELATIONSHIP WITH THIRD PARTY PROVIDERS.
Subject to your compliance with these Terms, eDapptive grants you a limited, non-exclusive, non- sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by eDapptive and eDapptive’s licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by eDapptive; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
The Services may be made available or accessed in connection with third-party services and content (including advertising and crowd-sourced data) that eDapptive does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. eDapptive does not endorse such third party services and content and in no event shall eDapptive be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third-party beneficiary's terms of service.
The Services and all rights therein are and shall remain eDapptive’s property or the property of eDapptive’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner eDapptive’s company names, logos, product and service names, trademarks or services marks or those of eDapptive’s licensor.
The Service is not available for use by persons under the age of 18, unless under consent of a Guardian in-lin with Apple's Apple Media Servies Terms and Conditions. You may not authorize third parties to use your Account, and you may not allow persons to receive travel or logistics services or any crowd-sourced information from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no interference with airline communication, airport security processes, etc). You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party.
The Terminal Buddy app was designed for on-demand information lookup, not for you personally. Any information delivered or submitted by you, or any relationship created (e.g. for Carpool Buddy service), is done so completely on your own and eDapptive is not responsible for the accuracy of the information or the results or safety of any relationship created using any service. Please use your best judgment and proceed with caution before getting in the vehicle with another person.
By using the Services, you agree that the eDapptive may send you informational text (SMS) messages or emails as part of the normal business operation of your use of the Services. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services; furthermore, should you wish to not receive such messages or emails, please refrain from using the Services.
eDapptive may, in eDapptive’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to eDapptive through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for timetables, carpool requests, competitions, and promotions ("User Content"). By providing User Content to eDapptive, you grant eDapptive a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and eDapptive’s business and on third- party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant eDapptive the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor eDapptive’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by eDapptive in its sole discretion, whether or not such material may be protected by law. eDapptive may, but shall not be obligated to, review, monitor, or remove User Content, at eDapptive’s sole discretion and at any time and for any reason, without notice to you.
You agree to hold harmless and indemnify eDapptive for any violation of the above representations and warranties with respect to User Content.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. eDapptive does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You agree that eDapptive shall not be held responsible for any damage caused to your person, personal property (for example, luggage, electronic device(s), boarding pass, etc) or data at any point during your use of Services or throughout the extent of an eDapptive request.
You understand that use of the Services may result in payments by you for the services you receive from a Third Party Provider ("Charges"). After you have received services obtained through your use of the Service, eDapptive will NOT facilitate payment of the applicable Charges on behalf of the Third Party Provider, as such Third Party Provider's limited payment collection agent, using any preferred payment method. Payment of the Charges in any manner shall be considered as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by the Third Party Provider. You retain the right to request lower Charges from a Third Party Provider for services received by you from such a Third Party Provider at the time you receive such services. Any payments made directly to eDapptive are considered final and no refunds will be issued.
Your subscription will automatically renew each year/month at the current subscription rate, and this amount will be charged to your account within 24 hours prior to the end of the current subscription year/month. To manage your subscription or stop it from automatically renewing, simply go to your Account Settings and turn off automatic renewal at least 24 hours before your renewal date. No refunds will be issued after the annual subscription fee has been charged.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." EDAPPTIVE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, EDAPPTIVE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY GOODS OR SERVICES OBTAINED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY THIRD PARTY GOOD OR SERVICES OBTAINED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
THIS DISCLAIMER DOES NOT ALTER YOUR RIGHTS AS A CONSUMER TO THE EXTENT NOT PERMITTED UNDER THE LAW IN THE JURISDICTION OF YOUR PLACE OF RESIDENCE.
EDAPPTIVE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR HARM, OR PROPERTY DAMAGE, EVEN IF EDAPPTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EDAPPTIVE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES INCURRED BY YOU ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF EDAPPTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR HARM. EDAPPTIVE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND EDAPPTIVE’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY DATA OR TRAVEL PROVIDERS PROVIDING INFORMATION OR TRAVEL SERVICES REQUESTED THROUGH EDAPPTIVE MAY OFFER TRAVEL OR TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL EDAPPTIVE BE LIABLE FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED TO YOU IN CONNECTION WITH THE SERVICES.
THESE LIMITATIONS DO NOT PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN THE JURISDICTION OF YOUR PLACE OF RESIDENCE.
You agree to indemnify, protect, and hold eDapptive and its officers, directors, employees and agents, harmless from any and all claims, demands, losses, liabilities, and expenses (including court costs and attorneys' fees), arising out of or in connection with: (i) your use of the Services; (ii) your breach or violation of any of these Terms; (iii) eDapptive’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration between you and eDapptive, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and eDapptive are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and eDapptive otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at
www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at
www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at
www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Unless you and eDapptive otherwise agree, the arbitration will be conducted in San Francisco County. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and eDapptive submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law.
Notwithstanding the provisions of the modification-related provisions above, if eDapptive changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing eDapptive written notice of such rejection by mail or hand delivery to: (please email
support@edapptive.com to obtain the address within 30 days of the date such change became effective, as indicated in the "Last update" date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and eDapptive in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms are governed by and construed in accordance with the laws of the State of California, U.S.A., without giving effect to any conflict of law principles.
Claims of copyright infringement should be sent to eDapptive's designated agent, please email
support@edapptive.com for more information.
eDapptive may give notice by means of a general notice on the Services, electronic mail to your email address, or by written communication sent by first class mail or pre-paid post to your address should such a mail address be formally submitted to eDapptive. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to eDapptive, with such notice deemed given when received by eDapptive, at any time by first class mail or pre-paid post. Please email
support@edapptive.com to get the address information.
You may not assign these Terms without eDapptive’s prior written approval. eDapptive may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of eDapptive’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, eDapptive or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by eDapptive in writing.
