BACKGROUND:
1. The Client/Customer is of the opinion that the Contractor; Eastern Shore Transit has the necessary qualifications, experience, and abilities to provide services to the Client.
2. Eastern Shore Transit is agreeable to providing such services to the Client/ Customer on the terms and conditions set out in this Agreement and will provide documentation upon request to ensure the client of the contractor qualifications, experience, and abilities only upon request by the client. Documentation includes, but not limited to: License Passenger to Carry Card, Vehicle information, Vehicle's insurance, Public Service Commission for Maryland Department of Transportation for verification purposes and permits.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Eastern Shore Transit (individually the "Party" and collectively the "Parties" to this Agreement) agree as follows:
1. (The Client hereby agrees to engage Eastern Shore Transit to provide the Client with the following services:
Terms of Service Agreement
1. The term of this Agreement will begin on the date the agreement is signed, checked off via online website submission of payment via invoice, and credit or debit card placed on file to be processed by the customer at the start of service and will remain in full effect until the completion of the services. Subject to earlier termination as provided in this agreement must be done 24 hours prior to reservation to avoid cancellation fees.
2. All Services & Payments are final unless:
3.In the event that the client wishes to terminate this agreement prior to the completion of the Services, the client will be required to provide 24 hour notice with Eastern Shore Transit for personal transportation services, all other third party sources that we use to provide customers our services such as Special Event Transportation, Shuttle Services and Motor Coach Services, must be cancelled 30 days prior to the service date. Any Client who cancels a personal transportation appointment after the 24 hour notice time frame or customers who use our third party sources for transportation services such as Special Event Transportation, Shuttle Services and Motor Coach Services do not cancel 30 days prior to service, will not receive their deposit back, initial payment back, and or will be charged a cancellation fee due to the short notice. In the event any of our clients were experiencing extenuating circumstances during the appointment time and date; with official documentation, we will provide a full refund of the deposit or waive the cancellation fee for Shuttle services and personal transportation only. What constitutes extenuating circumstances, is based on the discretion of Eastern Shore Transit administration and team.
4. Clients who are scheduled for personal transportation, but cancel their personal transportation appointments prior to the 24 hour deadline, will not be charged a cancellation fee. All other third party sources such as Special Event Transportation, Shuttle Services and Motor Coach Services will not result in cancellation fees or forfeiture of deposits and initial payments, if cancelled 30 days prior to the service date.
Currency
1. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in USD (US Dollars) via cash or credit. We do not accept foreign currency due to the inconvenience of converting the currency to American Currency.
Compensation
1. Personal Sedan Transportation Kid, Individual and Senior Transportation services can be booked online with a hold/ authorization on your card until the day of service prior to our chauffeurs pulling off to complete the service to eliminate possible fraud, insufficient funds during the curation service, and the full amount deposit deposited into Eastern Shore Transit accounts. Deposits/Payments are due at the time of booking. Your requested slots will be held for 10 minutes before cancelling online if not book right away. The final payment is due 5 minutes prior to the start of the service/payment date. Refunds for Personal Transportation are not offered, unless a circumstance as stated above occurs, which the deposit will be used as a credit for future rides.
Personal Transportation Deposits and or Payment
Arrangements
Payment is due at the time of service and not at the time of booking. Please advise, personal transportation does not require a deposit or down payment, BUT a card on file to process the service upon our arrival, we will process our customers( booked the appointment/ or just riders) cards 5 minutes before the start of service since we arrive to you/ customer/ rider address at least 15 minutes prior or at the time you enter the vehicle. If customers who booked the appointment/or riders cards are decline at that time of service, we have the right to request alternative payment prior to riders entering the vehicle or ultimately declining transportation service to riders. In the event that riders transportation service was booked for them and may
CHOOSE not to have a card on file or financial resources available to cover the charge, Eastern Shore Transit rules will still apply holding the rider and customer responsible to pay for service prior to pulling off to start the transportation service via cash, PayPal, or check. All checks must be written out to Eastern Shore Transit and checks must be received 3-4 days prior to service date for clearance. Please advise we will charge our clients in the event of short notice cancellation outside of the 24 hour grace window and or other circumstances that will result in additional fees. View our fees
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Bus, Shuttle, Special Event Transportation Deposits and or Payment
Arrangements
2 .
Deposits/payments are required at the time of booking. Deposits/payments are POSSIBLY non-refundable NO EXCEPTIONS! Please understand that with Motor Coach/ Shuttle/ Special Event Services we cannot ensure any refunds due to our partnerships with motor coach, special event and shuttle companies who assist us in providing our services for customers. The same applies if we attend affairs as a group because of the location, facility, or facilitator. Eastern Shore Transit has no control over places such as amusement parks, Correctional facilities, casinos, etc. which means there is no guarantee of any refunds and everything depends on circumstances which customers will be notified at the time of payment of service via invoice. For customers paying with checks please write all checks out to Eastern Shore Transit. All checks must be written out to Eastern Shore Transit and checks must be received 3 days prior to service date for clearance.
3. The above Compensation includes all applicable sales tax and duties as required by law as well as possible convenience fees and/or credit card processing fees through our processing system Square INC.
4. The Contractor will not be reimbursed for any expenses incurred in connection with providing the services of this agreement and the client will not be refunded their deposit unless validated extenuating circumstance, such as hospitalization or unexpected death in the immediate family.
Unpaid/ Negative/ Insufficient Accounts
1. Clients with an outstanding balance; or account listed as above for services or all or any payment plans or payment arrangements with Eastern Shore Transit, 24 hours prior to rendered services of their scheduled transportation service will be canceled with advance notification to the client due to unpaid account balances. We will provide warnings and reminders to our customers via email, text and phone calls using our Square Technology System to ensure thorough communication and ensure payments for services are rendered. Personal Transportation payments are made the day of service prior to or during the rendition of services for the security and satisfaction of the client and Eastern Shore Transit. However, if payment is not received or payment arrangement agreement contract was breached, Eastern Shore Transit reserves the right to cancel, deny, and choose not to reschedule customers transportation services and barred those customers from booking any of Eastern Shore Transit services.
Credit or Bank Authorization
Eastern Shore Transit is a scheduled in advance transportation company that does not provide same day services to customers. For all personal transportation services, customers are required to provide their bank or credit card information at the time of booking for their personal transportation service to be reserved for the requested date once prompted to provide payment, customers can pay via invoice, phone or email. Customers who refuse to do so, have the right to do so, but doing so will result in customers date and time being reserved by other inquiring customers. Eastern Shore Transit receives bookings via email, text, phone calls, social media Instagram, Facebook, and other platforms from our customers which is why we encourage customers to book and reserve all transportation services with a card or bank information which is only stored until the day of transportation services. Eastern Shore Transit will not process the card until the day of service either prior to the start of service or during the service. For banking authorization, customers must provide banking information no later than 5 days prior to service date and Eastern Shore Transit will process 3 days prior to customers service date, so that the day of service the charge will be reflected in your account. If its not please ensure you have sufficient amount in your account. Credit cards on file for booking, Credit authorization, and bank authorization are only to ensure funds are available prior to providing customers transportation services, which if payment has not been received or authorized by the bank customers will be denied service with notification if customer cannot provide another form of payment at the time of service or prior to service once receiving the notification. If customers cancel due to the inconvenience on their behalf, customers will still be held accountable for cancellation fees and the cards on file will continuously be processed until payments are received.
1. When agreeing to our terms service agreement or signing the form that you understand the terms service agreement, customers agree that they are the cardholder or an authorized user of the credit card and bank account and or was given permission by the cardholder or account holder to use the card or banking information for Eastern Shore Transit transportation services and gives Eastern Shore Transit permission to store the card or banking information on file temporary to be processed for their transportation services the day of service. Customers further acknowledges that the payment for credit card processing was requested via phone, text, email or through Square Processing System and in order to process the card or banking information provided, the customer must provide their card information, but does not have to save their card information to their customer profile nor will we ask customers to store their banking information.
2. Customers will agree to the deposit and payment amounts once they have made the initial payment and by signing that they are the cardholder or an authorized user of the card provided for the hold for transportation services and if not the cardholder an authorized user to submit the card information. Individuals who are committing theft or fraud will be prosecuted to the fullest extent of the law.
Payment Plans
1. Payment plans are available for all transportation services that includes, but not limited to Shuttle, Motor Coach, and Special Event Transportation Services. Customers can agree to several different payment types one, two, three or four payments as long as the full payment is made 2 weeks prior to the day of service. Customers are able to make payments to Eastern Shore Transit or using our Square Technology to make manual entry payments with the provided invoice or through other payment methods such as cash, credit or check.For customers paying with checks please write all checks out to Eastern Shore Transit. Checks must be received 3-4 days prior to service date for clearance by mailing them to PP.O Box 24075 Halethorpe, MD 21227. If full payment is not received, Eastern Shore Transit will make several attempts to contact customers prior to canceling services which will result in forfeiture of deposits, payments and fees within Eastern Shore Transit Policy and or the policy of the transportation company providing the transportation service since Eastern Shore Transit acts only as a third party source.
Charge Backs
1. Eastern Shore Transit does collect your information to prevent charge backs which are challenges from your bank that the payment charge from Eastern Shore Transit was result of fraud or unrecognized payment charge per your initiation as a customer of Eastern Shore Transit. Eastern Shore Transit, Eastern Shore T, Eastern Shore Tra, Eastern Shore, Eastern and Shore are all the many names customers should be aware of to ensure that once one of the above names generate on a bank statement or online bank account that you as the customer used our transportation services and that documentation collected to book your appointment as well as and other documentation we may have available to validate the transaction, will be used for the investigation conducted by your financial institution. Please advise we will ask you for your information at the time of booking and during your transportation services depending on the type of transportation service such as motor coach trips which requires for customers to provide their personal information in order to have access to certain facilities, locations and attractions. Please be aware that there are other avenues available for identification purposes to prove to your identity of purchase. We encourage all customers to maintain integrity to avoid financial relapse at any moment to prevent recurring balance and or fees and repercussions implemented by your financial institution.
Refunds
1. All sales are final and services are non-refundable UNLESS
cancellations are on the behalf of Eastern Shore Transit. Please advise there are no refunds for initial payments/ deposits for personal transportation services or the initial payment/ deposit for payment plans on agreed services such as bus, shuttle, special events, or any transportation services provided to customers who request a payment plan. Your deposits and payments are used to secure your seat, ensure we are organized and transportation services are prepared to guarantee you the best transportation experience. In the event your booking was missed or customers request a refund for a deposit/ payment, Eastern Shore Transit will ONLY provide refunds for extenuating circumstances (urgent matters beyond control) consisting of: Medical documents,Death Certificates/ related documents such as a obituary for IMMEDIATE FAMILY ONLY or jury duty. Once documentation is provided, Eastern Shore Transit will provide a credit to you to use for future transportation services within Eastern Shore Transit. In the event customers prefer a refund for the deposit/ initial payments, customers PLEASE ADVISE IT CAN TAKE UP TO 10 DAYS depending on your specific bank and the transmission between your bank and our credit processor system; Square technology credit processing system.
Prices are Subjected to Change
1. To all customers (customers, clients, VIP customers, Motor Coach services, Special events services, Trips, Personal Sedan Transportation. Our prices can change at any moment due to the economy, change in our vehicles, additions to our services, changes to your service such as further advancements to make your service better with your acknowledgment to you as the customer and purchaser, and any unforeseen circumstance that may change the pricing. Notifications will be provided on all platforms of these changes.
5. Performance
Customer's and Driver's Rights while in the vehicle:
Please note your Driver's name and Vehicle info for Reference
As our client, you have:
1. The right to a clean, safe vehicle and a well-groomed, courteous driver who obeys traffic laws.
2. Your driver will take the most direct route or route of the passenger choice to his or her destination which must be provided by customer during booking or at the time of service, if not the driver will assume the quickest, safest route.
3. Your Driver must turn on the air-conditioning or heat upon request.
4. Your Driver must transport individuals who are accompanied by service animals.
5. Your driver
MUST
not use a cellphone while operating the vehicle unless he/she is using a hands-free device to receive communications from Eastern Shore Transit only.
6. Your driver must provide a receipt with the correct company information upon request.
7. Customers have the right to request licensing, insurance and Driver's License.
Driver's Rights
1. Customers have an obligation to be courteous, orderly and obey all laws or we will refuse services for the safety of our drivers and deposits will not be refunded as stated in our Terms Service & Agreement.
2. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect for each service upon the submission of a contract, deposit, full payment with the understanding that both parties Eastern Shore Transit and the customer are both legally protected and guarded.
3. In the interest of protecting Eastern Shore Transit we have adopted an expulsion policy. It is the policy for Eastern Shore Transit to reserve the right to ban clients who cause, plan to cause or have caused previous harm, verbal or physical danger to our clients or chauffeurs during their services causing a risk or liability for the company which will not be tolerated. Customers who do so will not be able to use Eastern Shore Transit services and the proper authorities will be contacted to preserve the safety of all parties involved during the duration of the service.
Kids & Youth Transportation Service Agreement
1. Eastern Shore Transit reserves the right to turn away customers PRIOR to service if customers have ill intentions while using our transportation services( Custody battles) , have not paid for service, destructive or disruptive and or dangerous situations that can cause harm to themselves or our chauffeurs. Eastern Shore Transit Kids Transportation Services are for ages 5 to 17, which is the SAFE age for children to effectively and confidently communicate to parents, guardians, chauffeurs and any involved party in the child's life of their comfort-ability, concerns and state of mind as it pertains to Eastern Shore Transit Kids & Youth Transportation services. Eastern Shore Transit is not responsible nor do we get involved in custody arrangements nor do we release any child to individuals who are not assigned on the list of the parental consent form as the parent or guardian without verbal permission from the purchasing party. Furthermore, anyone under the age of 18 to book kid & youth transportation services for themselves, Eastern Shore Transit will not be responsible and we will presumed that the transportation when arranged via phone, email, text or online via our website was done by an adult; 18 or older, of the child. When agreeing to our terms service agreement, you agree that the individual who is booking our transportation services or booking our transportation services for someone else, is 18 years or older or the parent or guardian, overseer, grandparent, state official ( foster care, court doctrine parent or guardian, power of attorney or the household individual) overseeing the individual who needs transportation services. Eastern Shore Transit is not responsible for any children who are in between homes, between parents, and or individuals. If you book the ride for the child we will not take any responsibility of investigating that you have the sole custody or responsibility of the child or if you book the ride, we will not take any responsibility of investigating that you are 18 or older for the safety and preservation of your identity. However, once the service is scheduled we do not allow anyone outside of the individual who booked the appointment and have communicated who shall have access to the child after the care is being transferred to another adult or individual permitted by the purchasing party.
2. Carpool Services
Eastern Shore Transit does provide carpool services for kids and youth who are traveling to the same destination ONLY. Eastern Shore Transit is not responsible for customers who have the choice to select to partner with for carpool services. However, for the safety and protection of each client we will announce and provide flyers at the same destinations such as schools and extra curricular activities so that customers can arrange with others at the same location for carpool services. Each client must complete a carpool service form via website or phone to ensure efficient transportation service and guaranteeing accurate details for each client and or responsible parties of the clients while using Eastern Shore Transit carpool services. All customers, parents and guardians should be careful who they register as their carpool partner for transportation services. Eastern Shore Transit will not be responsible for customers who they selected to do carpool services with however, we do encourage customers that it is with someone they know, are familiar with, and both customers are going to the same destination as them. Please understand that even if the customers are in the same household or related, it is a requirement for customers to still complete the online car pool service form for quality of service and everyone's safety with the understanding that both clients are required to pay for service as individuals and not the vehicle to ensure the care of both clients.
Eastern Shore Transit Video Recordings
3. Maryland state law requires we inform all customers that we will record visual and voice record inside our personal sedan vehicles and shuttle transportation vehicles for quality of services, training purposes and the purposes of providing documentation to our clients. We do record inside the vehicle to ensure the safety of the driver and the passengers to reflect the whereabouts and care during the service of your scheduled appointment with or without sound at the purchasing customer's discretion which coincides with Maryland law of recording. Video Recording will be accessible by state law, federal law and for the benefits of Eastern Shore Transit for court proceedings and the quality of Eastern Shore Transit for our safety and the safety of our customers. We will provide any documentation to authorities state or federal upon request. All other video services are allowed with the permission of our customers to record them upon their authorization on the media agreement when recording for media and marketing purposes for Eastern Shore Transit's social media, websites, and other media purposes as we as Eastern Shore transit evolve as a brand.
Booster Seats
4. Any child under the ages of eight, must be in the proper child restraint such as a booster seat unless the child is 4'9 or taller . The state of Maryland requires that every child from 8 to 16 years old who is not secured in a child restraint must be secured in the vehicle's seat belt, in every sitting position in the vehicle.
Incidents
5. All customers agree and understand that Eastern Shore Transit is only responsible for incidents inside of the vehicle during transportation services. Any child that experiences a incident outside of the vehicle whether en route to the vehicle or once exiting the vehicle and walking to their destination, we will not be held accountable. We will assist customers in incidents that occur outside of the vehicle, but any incidents that we cannot justify to the facility or the location that we are at the time of transportation service which includes, but not limited to the cause of accident, time, or any information we are not responsible to provide. Eastern Shore Transit will document and report and leave it to the discretion to the parents, parent, guardian to file a claim if needed. Eastern Shore Transit will record the inside of the vehicle to ensure the safety of our customers, chauffeurs and quality for training purposes, for the protection of our company and the verification of the requested family member. In the event your child is injured or any incident occurs while in the vehicle, Eastern Shore Transit will use the best discretion for the situation at hand prior to or during contacting the parent of guardian with information provided on the parental consent form and provide video documentation of the transportation service upon request. Eastern Shore Transit MUST assist any child or youth to get in our personal sedan vehicles which is our Lexus Es 350 the only vehicle we will use for individual services even for carpool service to ensure that our customers safety is not at risk. We ensure this by opening the door, closing the door. helping customers get in and out the vehicle when needed, providing a safety stool for high vehicles or ensure there is safety stool or precautions in place when stepping outside of the vehicle, carrying and maneuvering with our customer's bags without their assistance if larger than a book bag. All other larger bags present a safety risk for clients. Eastern Shore Transit will observe the grounds of the passenger drop off point and ensuring that the safety zones we choose are safe enough to exit and enter the vehicle to prevent incident to our customers.
Parental Consent
6.
All parents and guardians must complete a parental consent form for any child using our personal transportation services for their safety. Parents and guardians understand that any child who will be dropped off with, to any individual or facility such as classroom, extracurricular activities the parents or guardians must provide in detail of the facility and or individual the child will be transferred to. Any Individual outside of a facility must provide identification for verification for safety and security purposes of the child.
Individual Transportation Service
1. Eastern Shore Transit reserves the right to turn away customers PRIOR to service if customers have ill intentions while using our transportation services, have not paid for service, destructive or disruptive and or dangerous situations that can cause harm to themselves or our chauffeurs. Eastern Shore Transit Individual Transportation Services are for ages 18 to 64. Eastern Shore Transit is not responsible nor do we get involved in conflicts as it pertains to the customers or involving parties. Furthermore, anyone under the age of 18 to book individual transportation services , Eastern Shore Transit will not be responsible and we will presumed that the transportation when arranged via phone, email, text or online via our website was done by an adult 18 and older. When agreeing to our terms service agreement, you agree that the individual who is booking our transportation services or booking our transportation services for someone else, is 18 years or older. If you book the ride we will not take any responsibility of investigating that you are 18 or older for the safety and preservation of your identity.
2. Carpool Services
Eastern Shore Transit does provide carpool services for individuals who are traveling to the same destination ONLY. Eastern Shore Transit is not responsible for customers who have the choice to select to partner with for carpool services. However, for the safety and protection of each client we will take steps such as advertisement with flyers to demanded locations, so that customers can arrange with others at the same location for carpool services. Each client must complete a carpool service form via website or phone to ensure efficient transportation service and guaranteeing accurate details for each client and or responsible parties of the clients while using Eastern Shore Transit carpool services. All customers, parents and guardians should be careful who they register as their carpool partner for transportation services. Eastern Shore Transit will not be responsible for customers who they selected to do carpool services with however, we do encourage customers that it is with someone they know, are familiar with, and both customers are going to the same destination as them. Please understand that even if the customers are in the same household or related, it is a requirement for customers to still complete the online car pool service form for quality of service and everyone's safety with the understanding that both clients are required to pay for service as individuals and not the vehicle to ensure the care of both clients.
Incidents
3. All customers agree and understand that Eastern Shore Transit is only responsible for incidents inside of the vehicle during transportation services. Any individual that experiences a incident outside of the vehicle whether en route to the vehicle or once exiting the vehicle and walking to their destination, we will not be held accountable. We will assist customers in incidents that occur outside of the vehicle, but any incidents that we cannot justify to the facility or the location that we are at the time of transportation service which includes, but not limited to the cause of accident, time, or any information we are not responsible to provide. Eastern Shore Transit will document and report and leave it to the discretion to the individual to file a claim if needed. Eastern Shore Transit will record the inside of the vehicle to ensure the safety of our customers and chauffeurs for quality of service, training purposes, the protection of our company and the verification of the requested family member. In the event your child is injured or any incident occurs while in the vehicle, Eastern Shore Transit will use the best discretion for the situation at hand prior to, or during contacting the emergency contact on file or person requested by the customer and provide video documentation of the transportation service upon request. Eastern Shore Transit MUST assist any individual to get in our personal sedan vehicles which is our Lexus Es 350 the only vehicle we will use for individual services even for carpool service to ensure that our customers safety is not at risk. We ensure this by opening the door, closing the door. helping customers get in and out the vehicle when needed, providing a safety stool for high vehicles and ensure there is safety stool or precautions in place when stepping outside of the vehicle, carrying and maneuvering with our customer's bags without their assistance if larger than a book bag. All other larger bags present a safety risk for clients. Eastern Shore Transit will observe the grounds of the passenger drop off point and ensuring that the safety zones we choose are safe enough to exit and enter the vehicle to prevent incident to our customers.
Eastern Shore Transit Video Recordings
4. Maryland state law requires we inform all customers that we will record visual and voice record inside our personal sedan vehicles and shuttle transportation vehicles for quality of services, training purposes and the purposes of providing documentation to our clients. We do record inside the vehicle to ensure the safety of the driver and the passengers to reflect the whereabouts and care during the service of your scheduled appointment with or without sound at the purchasing customer's discretion which coincides with Maryland law of recording. Video Recording will be accessible by state law, federal law and for the benefits of Eastern Shore Transit for court proceedings and the quality of Eastern Shore Transit for our safety and the safety of our customers. We will provide any documentation to authorities state or federal upon request. All other video services are allowed with the permission of our customers to record them upon their authorization on the media agreement when recording for media and marketing purposes for Eastern Shore Transit's social media, websites, and other media purposes as we as Eastern Shore transit evolve as a brand.
Senior Transportation Service
1.
Eastern Shore Transit reserves the right to turn away customers PRIOR to service if customers have ill intentions while using our transportation services, have not paid for service, destructive or disruptive and or dangerous situations that can cause harm to themselves or our chauffeurs. Eastern Shore Transit Senior Transportation Services are for ages 65 and up. Eastern Shore Transit is not responsible nor do we get involved in conflicts as it pertains to the customers and involving parties. Furthermore, anyone under the age of 18 to book senior transportation services , Eastern Shore Transit will not be responsible and we will presumed that the transportation when arranged via phone, email, text or online via our website was done by an adult 18 and older. When agreeing to our terms service agreement, you agree that the individual who is booking our transportation services or booking our transportation services for someone else, is 18 years or older. If you book the ride we will not take any responsibility of investigating that you are 18 or older for the safety and preservation of your identity.
2. Carpool Services
Eastern Shore Transit does provide carpool services for seniors who are traveling to the same destination ONLY. Eastern Shore Transit is not responsible for customers who have the choice to select to partner with for carpool services. However, for the safety and protection of each client we will take steps such as advertisement with flyers to demanded locations, so that customers can arrange with others at the same location for carpool services. Each client must complete a carpool service form via website or phone to ensure efficient transportation service and guaranteeing accurate details for each client and or responsible parties of the clients while using Eastern Shore Transit carpool services. All customers, parents and guardians should be careful who they register as their carpool partner for transportation services. Eastern Shore Transit will not be responsible for customers who they selected to do carpool services with however, we do encourage customers that it is with someone they know, are familiar with, and both customers are going to the same destination as them. Please understand that even if the customers are in the same household or related, it is a requirement for customers to still complete the online car pool service form for quality of service and everyone's safety with the understanding that both clients are required to pay for service as individuals and not the vehicle to ensure the care of both clients.
Eastern Shore Transit Video Recordings
3. Maryland state law requires we inform all customers that we will record visual and voice record inside our personal sedan vehicles and shuttle transportation vehicles for quality of services, training purposes and the purposes of providing documentation to our clients. We do record inside the vehicle to ensure the safety of the driver and the passengers to reflect the whereabouts and care during the service of your scheduled appointment with or without sound at the purchasing customer's discretion which coincides with Maryland law of recording. Video Recording will be accessible by state law, federal law and for the benefits of Eastern Shore Transit for court proceedings and the quality of Eastern Shore Transit for our safety and the safety of our customers. We will provide any documentation to authorities state or federal upon request. All other video services are allowed with the permission of our customers to record them upon their authorization on the media agreement when recording for media and marketing purposes for Eastern Shore Transit's social media, websites, and other media purposes as we as Eastern Shore transit evolve as a brand.
Wheel Chair, Walkers and Canes
4.
Eastern Shore Transit will provide walkers, canes and wheelchairs per request only via online booking, phone, text and email at the time of booking. For customers who do not request during the time of booking their appointments through one of these methods, will not receive the resources needed. Please advise Eastern Shore Transit provides only as a courtesy to any of our customers who need it, even though you may have your own for your transportation services which can be used instead of. Eastern Shore Transit is not responsible for any customer or representative who forgets to book a wheelchair, walker or cane during booking in the event that one of the resources is needed during the time of service.
Transportation Services and Doctor Appointments
5. Eastern Shore Transit does provide senior customers and the
family of senior customers the option to take senior customers to appointments for a drop off or to attend the doctors visit with the senior passenger with the
understanding between both parties that all information and details discuss between the doctor and the client at the time of visit is confidential in order to provide documentation for the visit. The documentation must only be communicated to the client, purchaser of service, power of attorney or authorized party of the customer receiving service or to the customers caregiver if he or she did not understand at the time of their
doctor appointment visit. Reports are discarded after the visit and only documented via laptop or phone and sent to the family of the customers's family for awareness via email, text, or phone per request of the client or family.
Incidents
6. All customers agree and understand that Eastern Shore Transit is only responsible for incidents inside of the vehicle during transportation services. Any senior that experiences a incident outside of the vehicle whether en route to the vehicle or once exiting the vehicle and walking to their destination, we will not be held accountable. We will assist customers in incidents that occur outside of the vehicle, but any incidents that we cannot justify to the facility or the location that we are at the time of transportation service which includes, but not limited to the cause of accident, time, or any information we are not responsible to provide. Eastern Shore Transit will document and report and leave it to the discretion to the individual to file a claim if needed. Eastern Shore Transit will record the inside of the vehicle to ensure the safety of our customers and chauffeurs for quality of service, training purposes, the protection of our company and the verification of the requested family member. In the event you are injured or any incident occurs while in the vehicle, Eastern Shore Transit will use the best discretion for the situation at hand prior to, or during contacting the emergency contact on file or person requested by you as, the customer and we will provide video documentation of the transportation service upon request. Eastern Shore Transit MUST assist any individual to get in our personal sedan vehicles which is our Lexus Es 350 the only vehicle we will use for individual services even for carpool service to ensure that our customers safety is not at risk. We ensure this by opening the door, closing the door. helping customers get in and out the vehicle when needed, providing a safety stool for high vehicles and ensure there is safety stool or precautions in place when stepping outside of the vehicle, carrying and maneuvering with our customer's bags without their assistance if larger than a book bag. All other larger bags present a safety risk for clients. Eastern Shore Transit will observe the grounds of the passenger drop off point and ensuring that the safety zones we choose are safe enough to exit and enter the vehicle to prevent incident to our customers.
Our Affiliates
1. Eastern Shore Transit goes above and beyond to ensure that you as our customers are receiving the best service. Eastern Shore Transit will partner with any company that will accommodate the services that we are providing to you; our customers, such as vehicles for personal transportation, special event transportation, motor coach services, shuttle transportation and more. Eastern Shore Transit does partner for all and most services, with insured transportation companies for all services. Please advise we will only provide the information of our affiliates in the event of a incident to protect Eastern Shore Transit as a company since we only partner and work with these companies based on their provided credentials, volunteer services, and offered services. The Contract between Eastern Shore Transit, Third Party source and customers will be an AGREED transportation affiliated services
from other transportation services that are within in legal obligation to operate as a third party source for Eastern Shore Transit. Eastern Shore Transit partners with all companies for luxury vehicles, shuttle vans and motor coach services and coincide within their terms service agreement which Eastern Shore Transit will enforce and inform customers for the safety, protection and to carry out the laws of Maryland Public Service Commission as we all work under one umbrella of transportation in the United States in accordance to all transportation laws for each state for our client's safety. Eastern Shore transit and our affiliates protection and safety is a priority. Eastern Shore Transit works with all companies as a third party source only when it comes to our special event services to provide options for special vehicles, shuttle transportation services for passengers 10 to 14 and motor coach services up to 56 passengers by using a group leader to book the services for customers under the Eastern Shore Transit brand. Please advise anything that happens under the company who is responsible for providing the transportation services is not a responsibility of Eastern Shore Transit under any circumstance and must be resolved through the affiliated company.
Third Party Motor Coach Transportation Services
2. Eastern Shore Transit partners with other transportation services as a booking agent only. Please advise that we will enforce the policies of any company that we may partner with for services which may include, but not limited to their cancellation fees, booking policies, alcohol policies and Eastern Shore Transit as the booking agent, will not know the policies of the transportation company until customers book services. which we will let customers know at the the moment of booking depending on what they desire for their transportation services.
Shuttle Service
1. Eastern Shore Transit reserves the right to turn away customers PRIOR to service if customers have ill intentions while using our transportation services, have not paid for service, destructive or disruptive and or dangerous situations that can cause harm to themselves or our chauffeurs. Eastern Shore Transit Individual Transportation Services are for ages 18 to 64. Eastern Shore Transit is not responsible nor do we get involved in conflicts as it pertains to the customers or involving parties. Furthermore, anyone under the age of 18 to book individual transportation services , Eastern Shore Transit will not be responsible and we will presumed that the transportation when arranged via phone, email, text or online via our website was done by an adult 18 and older. When agreeing to our terms service agreement, you agree that the individual who is booking our transportation services or booking our transportation services for someone else, is 18 years or older. If you book the ride we will not take any responsibility of investigating that you are 18 or older for the safety and preservation of your identity.
Eastern Shore Transit Video Recordings
2. Maryland state law requires we inform all customers that we will record visual and voice record inside our personal sedan vehicles and shuttle transportation vehicles for quality of services, training purposes and the purposes of providing documentation to our clients. We do record inside the vehicle to ensure the safety of the driver and the passengers to reflect the whereabouts and care during the service of your scheduled appointment with or without sound at the purchasing customer's discretion which coincides with Maryland law of recording. Video Recording will be accessible by state law, federal law and for the benefits of Eastern Shore Transit for court proceedings and the quality of Eastern Shore Transit for our safety and the safety of our customers. We will provide any documentation to authorities state or federal upon request. All other video services are allowed with the permission of our customers to record them upon their authorization on the media agreement when recording for media and marketing purposes for Eastern Shore Transit's social media, websites, and other media purposes as we as Eastern Shore transit evolve as a brand.
Booster Seats
1.
Any child under the ages of eight, must be in the proper child restraint such as a booster seat unless the child is 4'9 or taller . The state of Maryland requires that every child from 8 to 16 years old who is not secured in a child restraint must be secured in the vehicle's seat belt, in every sitting position in the vehicle.
Motor Coach Services
1.
Eastern Shore Transit for all Motor Coach Services partner with all companies that provide motor coach services. Eastern Shore Transit is a third party source and will ensure that the companies that we partner are up to date and meet the standards of Eastern Shore Transit. We are not responsible for anything that our third party sources do when providing a service to our customers as a third party. We will do everything through the company itself.
Booster Seats
1. Booster Seats are not required for motor coach services, but customers are welcomed to utilize them for the duration of the service if they choose to do so.
Vehicles
1. Eastern shore Transit vehicle as of 8-25-19, is only a Lexus Es 350 2016 as registered with the State of Maryland Public Service Commission and all other vehicles advertised via our website are from third party sources and not our own vehicles, but vehicles through partnership with the proper insurance i play to provide the best care for our customers. Eastern Shore Transit books the vehicles through other companies with a service fee on top of the charge to ensure coverage.
Alcohol
1.Most Motor Coach Companies will allow alcohol on their Motor Coach Vehicles for a fee. Please advise to any customer who request alcohol for a transportation service must pay a fee which will be included in your transportation service final invoice. All customers on board for service must be 21 and older when alcohol is being provided to customers. WE WILL NOT allow any customers to request alcohol on board for their transportation services if ALL passengers on our third party motor coaches, party buses, limousines and party motor coach buses ares not 21 and older. Customers who do request alcohol understands that their are limitations and stipulations each transportation company have in place for the safety of their team and preservation of their vehicles which under no circumstance will Eastern Shore Transit disregard their policies, but ONLY enforce them to our customers. For all other services such as personal sedan transportation for our Lexus ES 350 and Shuttle Transportation services alcohol is not permitted in the vehicles at all. If customers are under the influence prior to entering the vehicle that is permitted, but customers cannot open any alcohol containers in the vehicle including when the vehicle is stationed. Eastern Shore Transit will not take accountability for customers who take precautions to hide alcohol in their possession, however Eastern Shore Transit will inform customers if probable cause is presented that alcohol is in the vehicle and passengers are partaking.
Lost Articles of Customers
1. Articles lost in the vehicles of Eastern Shore Transit we will hold and assist customers to ensure their property is returned back to them. We are not responsible of lost articles however, we will hold the lost articles for customers and it is the customers responsibility to retrieve them back. Eastern Shore Transit will not make arrangements to utilize our resources to bring lost articles back and all articles must be turned in by our chauffeurs to return to our customers. Please advise customers have 7 days only to retrieve lost articles, Eastern Shore Transit will not be responsible after 7 days of the articles customers lost while riding in our personal sedan( Lexus ES 350). Customers who ride in our third party vehicles Eastern Shore Transit assumes NO responsibility whatsoever and will provide customers the needed information to inquire about lost articles.
Customer's Property
1. Eastern Shore Transit will ensure that in the event your property is damaged or destroy based on the actions of Eastern Shore Transit ONLY while riding in Eastern Shore Transit Personal Vehicles that property is covered. If your property is destroyed at the fault of your own Eastern Shore Transit will not be accountable which includes, but not limited to customers getting out of the car and causing damage to property, customers damaging property while in vehicle and Eastern Shore Transit and or their chauffeurs had no fault in the incident of the damages towards your property. Eastern Shore Transit will only take on the responsibility of your damaged property when the property is damaged due to incidents caused by Eastern Shore Transit and their team which in personal sedan vehicles will be recorded and some third party transportation vehicles will be recorded as well for validation and verification of customer accounts.
Weather
1. In the event of weather or any other circumstance outside of Eastern Shore Transit that would result in a rescheduling of your transportation service for the scheduled date, Eastern Shore Transit will not provide any refunds for reschedules, but will ensure customers are rescheduled to the next available date or receive a credit. If Eastern Shore Transit did not cancel, all rides are still in effect, but customers who want to cancel without receiving notification from Eastern Shore Transit that services are cancelled, will result in a cancellation fee. However, if any other outside facility or event cancels due to the weather, Eastern Shore Transit has no control and our policy still stand of a the next rescheduled date only or a credit can be provided to the customer to use for Eastern Shore Transit services. The weather is a unforeseen circumstance and we will not be responsible for the inconvenience of the weather. We as a company WILL respect companies policies when advised that any location is closed due to weather. Personal Transportation services will not be affected due to unexpected weather conditions. Eastern Shore Transit would like to reiterate that, refunds will be available ONLY if cancellations are on the behalf of Eastern Shore Transit due to weather. If cancelled on behalf of the customer, the customer will have to pay the cancellation fee.
Storms Summer, Fall or Winter
1. In the event of snow storms, hurricanes, heavy rains or any inconvenient weather to customers, we do not offer refunds, but reschedules or credits. Eastern Shore Transit is very aware of the weather reports weeks to days and or day prior of service using AccuWeather to ensure customers transportation experience is not being cancelled unexpectedly. For customers who still desire transportation service for essential reasons or in the event of A DECLARED STATE OF EMERGENCY, Eastern Shore Transit will still operate under the permission of the State of Maryland Department of Transportation and will cancel transportation services if advise to which will result in a refund without a cancellation fee and or additional severe weather fee to provide transportation services for customers. Please advise that Eastern Shore Transit takes precautions based on the weather of what type of vehicle and additional accommodations are needed to ensure a safe ride.
Correctional Facilities
1. Eastern Shore Transit cooperates with State Correctional Department of Public Safety for our shuttle vehicles, however, we ensure vehicles are available which means that the services itself of Eastern Shore Transit is responsible for transporting customers to the correctional facility and back and that is all. The correctional facilities can cancel at any point of the transportation service to the facilities, meaning we can be 30 minutes from the facility and the correctional facility can cancel due to facility conditions without explanation. If Eastern Shore Transit is en route to a correctional facility and receive notification of cancellation, we will ensure that customers are accommodated the best way possible the day of expected service, but will reschedule customers to the next available day. Unfortunately, we cannot dictate the correctional facilities to force visits and will not provide any refunds, but a credit for the next available scheduled date.
Confidentiality
1.
Confidential information refers to any data or information relating to the customer, whether business, contractual or personal, which would reasonably be considered to be private or proprietary to the customer while in Eastern Shore Transit vehicles or when customers are utilizing our transportation with an aid services and no matter the location, the release of that confidential information, could reasonably be expected to cause harm to the client. Please advise to all customers of Eastern Shore Transit, chauffeurs under no circumstances can provide context of conversations conducted inside of the vehicle while customers are on the phone or sharing a ride with an additional customer. Eastern Shore Transit will not disclose any information or conversations revealed or initiated while in the vehicles of our transportation company to ensure our customer's privacy unless the conversation leads to unsafe environment which is unsafe to the customer and Eastern Shore Transit's team, Eastern Shore Transit as a company.
2. The Contractor, Eastern Shore Transit, agrees that they will not disclose, divulge, reveal, report or use your information for any confidential information which the Contractor has obtained, except as authorized by the client or as required by law. The obligations of confidentiality will apply during the term of this agreement and will survive indefinitely upon termination of this agreement. All written and oral information and material disclosed or provided by the customer to the Eastern Shore Transit or Eastern Shore Transit representative under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Contractor.
DISCLAIMER:
Confidentiality: In the event, a client, former or current, communicates to anyone in the administration of a confidentiality breach, Eastern Shore Transit MUST engage Human Resource or Register Web services to investigate the concern. With our updated policies & Scheduling Systems that went into effect on 10/01/2018, we would have to investigate these matters due to the severity and damage that could cause our clients. With our online scheduling software, we are limited to the customer data and must receive authorization from clients prior to making an online appointment or scheduling on phone. Furthermore, our customers have to sign a confidential agreement for the protection of Eastern Shore Transit for customers who may have public conversations during the duration of their services.
Message Data Rates Apply
Please advise message and data rates may apply when replying to Eastern Shore Transit via text in regards to your transportation services, confirmations, upcoming appointments and all communications between our customers and Eastern Shore Transit via our communication lines 1-800-689-6849 or local 443-743-4701. Message and data rates will apply for text messaging and those who subscribe to receive text messages for their upcoming appointments, dates of service or affairs for bookings or reservations. Eastern Shore Transit does provide an option to cancel the subscription to stop receiving messages from Eastern Shore Transit which needs to be confirmed via text message, email or any other communication method from our business numbers listed above or email info@easternshoretransit.com or easternshoretransit@gmail.com by customers responding STOP to stop receiving messages for sales only. Customers will still receive notifications for service and confirmations of service as that is a requirement to provide excellent service to our customers.
Ownership of Intellectual Property
All intellectual property and related material (business aspects, ideas relating to Eastern Shore Transit, that is developed or produced under this Agreement, will be the property of the Contractor. The Client is granted a non-exclusive limited-use license of this Intellectual Property.
Title, copyright, intellectual property rights and distribution rights of the Intellectual Property remain exclusively with the Contractor Eastern Shore Transit).
Return of Property
Upon the expiry or termination of this Agreement, Eastern Shore Transit will provide copies to clients of any documentation, records, or Confidential Information which is the property of the Client.
In the event that this Agreement is terminated by the Client prior to completion of the Services the Contractor will be entitled to recovery from the site or premises where the Services were carried out, of any materials or equipment which is the property of the Contractor or, where agreed between the Parties, to compensation in lieu of recovery.
Capacity/Independent Contractor
In providing the Services under this Agreement it is expressly agreed that Eastern Shore Transit is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service. The Client is not required to pay, or make any contributions to, any social security, local, state or federal tax, unemployment compensation, workers' compensation, insurance premium, profit-sharing, pension or any other employee benefit for the Contractor during the Term. The Contractor is responsible for paying and complying with reporting requirements for, all local, state and federal taxes related to payments made to the Contractor under this agreement. State Taxes are included in the flat rate.
Notice
1. All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be provided electronically via Email info@easternshoretransit.com, easternshoretransit@gmail.com, Square Credit Processing System, via text, email or address as either Party may vary from time to time to notify customers, and will be deemed to be properly delivered or immediately upon being serve at that time for customer services.
Indemnification
Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.
Modification of Agreement
Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding once the client signs the terms put forth by Eastern Shore Transit.
Time of the Essence
1. Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
Assignment
The Contractor will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written or Verbal consent of the Client unless the obligations are being transferred to operational staff by the law of Eastern Shore Transit.
Entire Agreement
It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
Enurement
This Agreement will ensure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
Titles/Headings
Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.
Gender Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
Governing Law
This Agreement will be governed by and construed in accordance with the laws of the State of Maryland.
Severability
In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
Media
Eastern Shore Transit must have the permission and signed a mutual agreement between Eastern Shore Transit & Client to post any photos on our media pages such as Facebook, Instagram, Twitter, Snap Chat, Youtube, Website and any marketing media resource used for advertising and marketing. Additionally, all clients and individuals must re-frame from discrediting or slanderous remarks via social media, which can have a negative impact on the Eastern Shore Transit's brand if you have not actually used Eastern Shore Transit's services or are not writing as a review after using our transportation services. Customers must not be forced, coerced or manipulated in any way to participate in pictures or videos produce by Eastern Shore Transit.
Damages:
It is in the best interest of Eastern Shore Transit to protect the property such as our vehicles and equipment provided to give you an exceptional experience. Please be advised that any damages done while any client is in the vehicle will financially fall on the client. In the event that any item is stolen from the vehicle, the client will be held accountable and charges will be pressed for the full amount of the stolen property.
EQUIPMENT RENTAL AGREEMENT
Eastern Shore Transit does provide a 6000 mah portable charger and all customers are responsible for the device while in their possession. Customers are required to complete an Equipment Rental Agreement prior to the use of the product.
Terms of Website Use
October 28, 2019
Welcome to the Eastern Shore Transit’s Terms of Use agreement. For purposes of this agreement, “Site” refers to the Company’s website, which can be accessed at
www.EasternShoreTransit.com. “Service” refers to the Company’s services accessed via the Site, in which users can book a variety of transportation services in Baltimore, Maryland region. The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of our Site or our Service.
The following Terms of Use apply when you view or use the Service via our website located at
www.EasternShoreTransit or by accessing the Service through clicking on the application (the “App”) on your mobile device.
Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Use. If you do not agree to be bound by these Terms of Use in their entirety, you may not access or use the Service.
PRIVACY POLICY
The Company respects the privacy of its Service users. Please refer to the Company’s Privacy Policy (found here:
Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to the Privacy Policy as well as these Terms of Use.
ABOUT THE SERVICE
The website allows you to schedule transportation services and stay up to date on trips, events and more and book through our website for all of your transportation needs.
REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE
You Must be at least 18 years old
If you are a user who signs up for the Service through our Square Technology Payment Processor, you will create a personalized account which includes your information such as phone number. Once you enter your mobile phone number, you will be texted a code to enter so you can access the Service and to receive messages from the Company. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your phone number or account.
USE RESTRICTIONS:
Your permission to use the Site is conditioned upon the following use, posting and conduct restrictions:
You agree that you will not under any circumstances:
· access the Service for any reason other than your personal, non-commercial use solely as permitted by the normal functionality of the Service,
· collect or harvest any personal data of any user of the Site or the Service use the Site or the Service for the solicitation of business in the course of trade or in connection with a commercial enterprise; distribute any part or parts of the Site or the Service without our explicit written permission (we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this permission at any time on a general or specific basis); use the Service for any unlawful purpose or for the promotion of illegal activities; attempt to, or harass, abuse or harm another person or group; use another user’s account without permission; intentionally allow another user to access your account; provide false or inaccurate information when registering an account; interfere or attempt to interfere with the proper functioning of the Service; make any automated use of the Site, the Service or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure; bypass any robot exclusion headers or other measures we take to restrict access to the Service, or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; circumvent, disable or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Service; or publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer.
POSTING AND CONDUCT RESTRICTIONS
When you create your own account, you may be able to provide your personal identification information such as DOB, Home address, under any circumstances does Eastern Shore Transit wants you to store your Credit Card information for a potential breach, which unfortunately is an inconvenience to you. (“User Content”) to the Service. You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service.
You agree that we are only acting as a passive conduit for the online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Service at its sole discretion.
We grant you permission to use and access the Service, subject to the following express conditions surrounding User Content. You agree that failure to adhere to any of these conditions constitutes a material breach of these Terms.
By transmitting and submitting any User Content while using the Service, you agree as follows:
· You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
· You will not post information that is malicious, libelous, false or inaccurate;
· You will not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
· You retain all ownership rights in your User Content but you are required to grant the following rights to the Site and to users of the Service as set forth more fully under the “License Grant” and “Intellectual Property” provisions below: When you upload or post User Content to the Site or the Service, you grant to the Site a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service; and you grant to each user of the Service, a worldwide, non-exclusive, royalty-free license to access your User Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the Service and under these Terms of Use;
· You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, or others, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
· You hereby agree that we have the right to determine whether your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Site is not responsible for any public display or misuse of your User Content.
The Site does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service or with other Users.
ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Site, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or the Service nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statements made by other parties. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Service. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.
Though we strive to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable when you use or access the Site or the Service. We reserve the right, but have no obligation, to monitor the materials posted in the public areas of the Site or the Service or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. The Company shall have the right to remove any material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of a misuse of our Service or violation of these Terms of Use, please contact us
Info@EasternShoreTransit.com.
LINKS TO OTHER SITES AND/OR MATERIALS
As part of the Service, we may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. We have no control over Third Party Sites or Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply our approval or endorsement. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies, including these Terms of Use, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the Third Party Site.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
(a) Termination of Repeat Infringed Accounts. We respect the intellectual property rights of others and requires that its users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringes. We may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringes 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 our designated copyright agent at 108 Circle Terrace Halethorpe, MD 21227 or P.O BOX 24075 Halethorpe, MD 21227:
1. The date of your notification;
2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
3. 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;
4. 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;
5. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
6. 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
7. 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.
(c) Counter-Notices. If you believe that your User Content that has been removed from the Site 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 User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
1. Your physical or electronic signature;
2. A description of the content that has been removed and the location at which the content appeared before it was removed;
3. A statement that you have a good faith belief that the content was removed as a result of mistake or misidentification of the content; and
4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Maryland 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 our copyright agent, we may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in ten (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 our sole discretion) be reinstated on the Site in ten (10) to fourteen (14) business days or more after receipt of the counter-notice.
LICENSE GRANT
By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have the right to grant, to the Company a royalty-free, indispensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
INTELLECTUAL PROPERTY
You acknowledge and agree that we and our licencors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Use.
EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Service’s email and messaging system will not constitute legal notice to the Site, the Service, or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
We may also use your email address to send you other messages, including information about the Site or the Service and special offers. You may opt out of such email by changing your account settings, using the “Unsubscribe” link in the message, or by sending an email to info@easternshoretransit.com
or mail to the following postal address: Customer Support
108 Circle Terrace Halethorpe, MD 21227 or P.O BOX 24075 Halethorpe, MD 21227
Opting out may prevent you from receiving messages regarding the Site, the Service or special offers.
WARRANTY DISCLAIMER
THE SERVICE, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, THE SERVICE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users, a restaurant or a merchant of a product or service that you review using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from 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.
If you are a California resident using the Service, you may specifically waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
MODIFICATION OF TERMS OF USE
We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this agreement. Your continued use of the Site or the Service signifies your agreement to our revisions to these Terms of Use. We will endeavor to notify you of material changes to the Terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers. No purported waiver or modification of this agreement on our part via telephonic or email communications shall be valid.
GENERAL TERMS
If any part of this Terms of Use agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect. Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this agreement.
You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of Maryland without regard to conflict of law provisions.
We may assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT
PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.