Last Updated December 1, 2019
- CONTRACTUAL RELATIONSHIP
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Air Brook International. 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. Air Brook International 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 region-specific disclosures or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Air Brook International may amend the Terms related to the Services from time to time. Amendments will be effective upon Air Brook International’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service(s). 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 Air Brook International’s mobile applications or websites provided as part of the Services (each, an “Application“) to arrange and schedule transportation and/or logistics services with third party providers of such services, including independent third party transportation providers and third party logistics providers under agreement with Air Brook International or certain of Air Brook International’s affiliates (“Third Party Providers“). You acknowledge that Air Brook International does not provide transportation or logistics services or function as a transportation carrier.
Subject to your compliance with these Terms, Air Brook International 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 use. Any rights not expressly granted herein are reserved by Air Brook International and Air Brook International’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 Air Brook International; (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.
- PROVISION OF THE SERVICES.
You acknowledge that portions of the Services may be made available under Air Brook International’s various services. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of Air Brook International’s subsidiaries and affiliates; or (ii) independent Third Party Providers, including Transportation Network Company drivers, or holders of similar transportation permits, authorizations or licenses.
- THIRD PARTY SERVICES AND CONTENT.
The Services and all rights therein are and shall remain Air Brook International’s property or the property of Air Brook International’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 Air Brook International’s company names, logos, product and service names, trademarks or services marks or those of Air Brook International’s licensors.
- YOUR USE OF THE SERVICES
In order to use most aspects of the Services, you must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Air Brook International certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to provide and maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services, or Air Brook International’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Air Brook International in writing, you may only possess one Account.
USER REQUIREMENTS AND CONDUCT.
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services 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 transport of unlawful or hazardous materials). 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. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Air Brook International at any time by texting the word STOP to the designated number from the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
Air Brook International may, in Air Brook International’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that Air Brook International establishes on a per promotional code basis (“Promo Codes“). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Air Brook International; (iii) may be disabled by Air Brook International at any time for any reason without liability to Air Brook International; (iv) may only be used pursuant to the specific terms that Air Brook International establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Air Brook International reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Air Brook International determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
USER PROVIDED CONTENT.
Air Brook International may, in Air Brook International’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Air Brook International 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 competitions and promotions (“User Content“). Any User Content provided by you remains your property. However, by providing User Content to Air Brook International, you grant Air Brook International 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 Air Brook International’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 Air Brook International 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 Air Brook International’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 Air Brook International in its sole discretion, whether or not such material may be protected by law. Air Brook International may, but shall not be obligated to, review, monitor, or remove User Content, at Air Brook International’s sole discretion and at any time and for any reason, without notice to you.
NETWORK ACCESS AND DEVICES.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s (from a wireless-enabled device) or personal computer’s service provider’s data and messaging rates and fees may apply if you access or use the Services. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Air Brook International 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 understand that use of the Services may result in charges to you from Air Brook International for the services or goods (“Charges“) provided by Third Party Providers. After you have received services or goods obtained through your use of the Services, Air Brook International will facilitate your payment of the applicable Charges as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same 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 Air Brook International. You hereby authorize Air Brook International to make such charges as appropriate, and warrant that you will honor such charges.
All Charges are due immediately after completion of the Services, and payment will be facilitated by Air Brook International using the preferred payment method designated in your Account, after which Air Brook International will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Air Brook International may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and Air Brook International, Air Brook International reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Air Brook International’s sole discretion. Air Brook International will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Air Brook International may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods at any time, in which case you may be charged a cancellation fee.
- REPAIR OR CLEANING FEES.
You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning“). In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by Air Brook International in Air Brook International’s reasonable discretion, Air Brook International reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by Air Brook International to the applicable Third Party Provider and are non-refundable.
- DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” AIR BROOK INTERNATIONAL 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, AIR BROOK INTERNATIONAL MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
LIMITATION OF LIABILITY.
AIR BROOK INTERNATIONAL SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF AIR BROOK INTERNATIONAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AIR BROOK INTERNATIONAL SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES 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 AIR BROOK INTERNATIONAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AIR BROOK INTERNATIONAL SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND AIR BROOK INTERNATIONAL’S REASONABLE CONTROL. IN NO EVENT SHALL AIR BROOK INTERNATIONAL’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500).
AIR BROOK INTERNATIONAL’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT AIR BROOK INTERNATIONAL HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold Air Brook International and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Air Brook International’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
- DISPUTE RESOLUTION
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 Air Brook International, 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 Air Brook International 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 Air Brook International 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.
ARBITRATION RULES AND GOVERNING LAW.
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 arbitrator will be either a retired judge or an attorney licensed to practice law 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.
ARBITRATION LOCATION AND PROCEDURE.
Unless you and Air Brook International otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Air Brook International 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 the claimant prevails in arbitration the claimant will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Notwithstanding the provisions of the modification-related provisions above, if Air Brook International 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 Air Brook International written notice of such rejection by mail or hand delivery to: Air Brook International, Inc. Attn: Dispute Resolutions, 28530 Calabria Court, Unit 202, Naples, FL 34110, within 30 days of when 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 Air Brook International 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).
- OTHER PROVISIONS
CHOICE OF LAW.
These Terms are governed by and construed in accordance with the laws of the United States of America and those of the State of Florida, U.S.A. not inconsistent therewith, without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region.
CLAIMS OF COPYRIGHT INFRINGEMENT.
Claims of copyright infringement should be sent to Air Brook International’s designated agent.
Air Brook International may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. 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 Air Brook International, with such notice deemed given when received by Air Brook International, at any time by first class mail or pre-paid post to Air Brook International, Inc., 28530 Calabria Court, Unit 202, Naples, FL 34110.
No joint venture, partnership, employment, or agency relationship exists between you, Air Brook International or any Third Party Provider as a result of this Agreement or use of the Services.
It is the intention of the parties that the provisions of these Terms shall be enforced to the fullest extent permissible under the laws and public policies of any jurisdiction in which such enforcement is sought, but the unenforceability (or modification to conform with such laws and public policies) of any provisions hereof shall not render unenforceable nor impair the remainder of these Terms in that jurisdiction, nor impair the entire agreement in any other jurisdiction. Accordingly, if any provision of these Terms shall be determined to be invalid or unenforceable, either in whole or in part, in any jurisdiction, these Terms shall be deemed amended to delete or modify, as necessary, the offending provision in that jurisdiction, and to alter the balance of these Terms in order to render the same valid and enforceable to the fullest extent permissible in that jurisdiction or in any other jurisdiction in which such enforcement is sought.
Air Brook International’s failure to enforce any right or provision in these Terms shall not be valid unless written, and shall not constitute a waiver of the same or any other right or provision of these Terms in the future.
These Terms contain the entire agreement of the parties with respect to their subject matter, and all previous or contemporaneous understandings or agreements, whether written or oral, are hereby superseded. No modification or waiver of any provision hereof shall be valid unless it is in writing and signed by all parties hereto.
These Terms and all the provisions hereof shall be binding upon, and inure to the benefit of, the parties hereto and their descendants, executors, administrators, personal representatives, heirs, distributees or assigns. Air Brook International may assign its rights and obligations under this agreement in whole or in part, to any successor, affiliate, purchaser, parent, employee, personal representative, agent, subsidiary, heir, Third Party Service Provider, descendant, distributee or assign. You may not assign your agreement to these Terms without Air Brook International’s prior written approval. Any purported assignment in violation of this section shall be void.
Nothing in these Terms, whether expressed or implied, is intended to confer any rights or remedies under or by reason of this agreement on any persons other than the parties hereto, nor is anything in these Terms intended to relieve or discharge the obligation or liability of any third parties, or to give any third parties any rights of subrogation or action against any party to these Terms.
The various rights, options, elections and remedies of the Parties shall be cumulative, and none shall be construed as exclusive of any other, or of any right, priority or remedy allowed or provided for by law.
This agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall be deemed to be one instrument.
The captions contained herein are inserted for convenience only and shall not be construed as modifying in any way the provisions or terms of this agreement.