Effective Date: August 4, 2021
The terms of this Agreement affect your legal rights, responsibilities and obligations and govern your use of the Website, are legally binding, limit Company’s liability to you and require you to indemnify us and to settle certain disputes through individual arbitration. If you do not wish to be bound by the Terms of this Agreement and any Additional Terms, do not use the Website.
IMPORTANT ARBITRATION & CLASS NOTICE: YOU AND THE COMPANY AGREE TO SUBMIT AND RESOLVE ALL CLAIMS, EXCEPT AS SET FORTH BELOW, IN BINDING & FINAL ARBITRATION (SEE SECTION 24) ON AN INDIVIDUAL BASIS ONLY, AND NOT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION BASIS. THE ARBITRATION PROVISION ALSO PRECLUDES YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION BROUGHT AGAINST THE COMPANY BY SOMEONE ELSE. USER HAS THE OPTION TO OPT OUT OF ARBITRATION PROVISION WITHIN THIRTY (30) DAYS OF FIRST REGISTRATION ON THE WEBSITE OR MAKING THEIR FIRST BOOKING OF TRANSPORTATION THROUGH THE WEBSITE, WHICH EVER IS SOONER, AS PROVIDED FOR IN SECTION 24 BELOW.
SECTION 24 APPLIES TO ANY AND ALL DISPUTES, CONTROVERSIES, INJURIES, OR CLAIMS ARISING OUT OF OR RELATED TO THE
WEBSITE, TRANSPORTATION PURSUANT TO THE WEBSITE, OR OTHERWISE RELATED TO THE TERMINATION OR BREACH OF THIS AGREEMENT
(COLLECTIVELY, “CLAIMS”). AS USED HEREIN, THE PLURAL AND SINGULAR USES OF
“CLAIMS” AND “CLAIM” SHALL BE INTERCHANGEABLE.
WAIVER OF RIGHTS TO JUDGE OR JURY TRIAL: BOTH PARTIES KNOWINGLY, FREELY AND MUTUALLY AGREE TO WAIVE ANY AND ALL RIGHT(S) TO A TRIAL BY JUDGE OR JURY ON ANY CLAIM, ISSUE OR DISPUTES BETWEEN THE PARTIES INVOLVING THIS AGREEMENT OR ANY OTHER LEGAL CLAIM OR DEMAND MADE BY EITHER PARTY, EXCEPT AS OTHERWISE PROVIDED FOR IN SECTION 24 SUBSECTION B OF THIS AGREEMENT.
In some instances, additional or different terms, posted on the Website, apply to your use of certain parts of the Website (individually and collectively “Additional Terms”). To the extent there is a conflict between the terms and conditions of this Agreement and any Additional Terms, the terms and conditions of this Agreement will control unless the Additional Terms expressly state otherwise.
Updates to these Terms and Additional Terms
We may prospectively change the terms and conditions of this Agreement and Additional Terms by posting new or changed terms on the Website as more fully explained in the Section 25.
- Ownership and Your Rights to Use the Website and Content.
- Your Rights to Use the Website and Content. Your right to use the Website and Content is subject to your strict compliance with the terms in this Agreement and any Additional Terms. Your right to access and use the Website and the Intellectual Property shall automatically terminate upon any violations. These rights are non-exclusive, limited, and revocable by us at any time in our sole discretion without advance notice or liability. As your right to access and use the Website and the content is personal to you, you may not assign nor transfer your right; any attempt to do so is void. You may, for your personal, non-commercial, lawful use only:
(1) Display, view, use, and play the Content on a computer, mobile or other internet enabled or permitted device (“Device”) and/or print one copy of the Content (excluding source and object code in raw form or otherwise) as it is displayed to you;
(2) Stream the Content using any of the widgets and/or other digital streaming internet video players, if any, provided on the Website;
(3) Subject to any applicable Additional Terms, if the Website includes a “Send to Friend,” social media sharing or similar tool that allows you to initiate and send to one or more of your contacts a communication that includes content, or to post our content to third-party services or your own site or online service, and the tool is operational, use the tool to do so; provided, however, that you do not do so in any manner that violates applicable law or third-party rights or reflects negativity on us, and only send to recipients you have permission to contact;
(4) If the Website includes a “Download” link next to a piece of content (including, without limitation, an image, an icon, a wallpaper, a music track, a video, a trailer, an RSS feed), you may only download a single copy of such content to a single Device;
(5) Download, install and use one copy of any software, including apps, that we make available on or through the Website (“Software”) on your Device in machine-executable object code form only and make one additional copy for back-up purposes; provided, however, that you understand and agree that (i) by allowing you to download the Software, Company does not transfer title to the Software to you (i.e., you own the medium on which the Software is recorded, but the Software's owner (which may be Company and/or its third-party Software licensor) will retain full and complete title to such Software); (ii) you may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software, except as expressly authorized in the terms of this Agreement or applicable Additional Terms, without the prior written consent of Company; (iii) you may not assign, rent, lease, or lend the Software to any person or entity and any attempt by you to sublicense, transfer, or assign the Software will be void and of no effect; and (iv) you may not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law;
(6) If made available to you, obtain a registered personal account (and/or related username and password) on the Website and interact with the Website in connection therewith;
(7) Link to the Website from a website or other online service, so long as: (a) the links only incorporate text, and do not use any Company names, logos, or images, (b) the links and the content on your website do not suggest any affiliation with Company or cause any other confusion, and (c) the links and the content on your website do not portray Company or its products or services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party or are otherwise objectionable to Company. Company reserves the right to suspend or prohibit linking to the Website for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third-party; and
(8) Use any other functionality expressly provided by Company on or through the Website for use by users, subject to this Agreement (including, without limitation, functionality to create and/or post Submissions (as defined below)) and any applicable Additional Terms.
Company Cancellation or Denial of access or use of Website. By using the Website you agree that: (a) if you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof); and (b) we reserve the right, in our sole discretion, to suspend and/or terminate your account and refuse any and all current or future access and/or use of the Website (or any portion thereof) for any reason what so ever without explanation or notice to you.
By using the Website You agree that You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Website; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Website; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the Website; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the Website; (5) use the Website for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the Website available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the Website for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Website; (8) use the Website to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any Websites, accessories, or devices for use with the Website.
If you set up an Account You agree to keep your password confidential and will be responsible for all use of your account and password. You agree not to transfer or sell your User account, password and/or identification to any other party. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
- Email Messages. You may cancel or modify our email marketing communications you receive from us by following the instructions contained within our promotional emails. This will not affect subsequent subscriptions and, if your opt-out is limited to certain types of emails, the opt-out will be so limited. Subject to applicable law, we reserve the right to send you certain communications relating to your account or use of our Website, such as administrative and service announcements, and these informational or transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications.
- the Website will automatically download and install all available Updates; or
- you may receive notice of or be prompted to download and install available Updates.
User shall promptly download and install all Updates and acknowledge and agree that the Website or portions thereof may not properly operate should you fail to do so. User further agree that all Updates will be deemed part of the Website and be subject to all terms and conditions of this Agreement.
- The term of Agreement commences when User accesses the Website and will continue in effect until terminated by you or Company as set forth below in this Section.
- You may terminate this Agreement by no longer accessing or using the Website, deleting any account and remove from any computer or other electronic device any link to the website.
- Company may terminate this Agreement at any time without notice, which Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
- Upon termination:
- all rights granted to User under this Agreement will also terminate; and
- User must cease all use of the Website and delete all copies of the Website, account registration information and any link to it from your computer or other Electronic Device.
- All rights granted to Company shall survive.
- Termination will not limit any of Company's rights or remedies at law or in equity.
Any suspension or termination will not affect your obligations to Company under this Agreement or any applicable Additional Terms. Upon suspension or termination of your access to the Website, or upon notice from Company, all rights granted to you under this Agreement or any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Website. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any Third-Party, even if you may be acting on behalf of the Third-Party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
The provisions of this Agreement and any applicable Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Company in this Agreement, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
- PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
- DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES BOOKED ON THE WEBSITE.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
As a user of the Website, you agree not to:
- copy the Website, except as expressly permitted by this Company;
- modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Website;
- reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Website or any part thereof;
- remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Website, including any copy thereof;
- rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Website, or any features or functionality of the Website, to any third party for any reason, including by making the Website available on a network where it is capable of being accessed by more than one device at any time;
- remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Website;
- use the Website in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments;
- systematically retrieve data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from the Company;
- make any unauthorized use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
- use a buying agent or purchasing agent to make purchases on the Website;
- use the Website to advertise or offer to sell goods and services;
- circumvent, disable, or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website and/or the Content contained therein;
- engage in unauthorized framing of or linking to the Website;
- trick, defraud, or mislead Company and other users, especially in any attempt to learn sensitive account information such as user passwords;
- make improper use of Company’s support services or submit false reports of abuse or misconduct;
- engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
- interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website;
- attempt to impersonate another user or person or use the username of another user;
- sell or otherwise transfer your profile;
- use any information obtained from the Website in order to harass, abuse, or harm another person;
- use the Website as part of any effort to compete with the Company or otherwise use the Website and/or the Content for any revenue-generating endeavor or commercial enterprise;
- decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website;
- attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;
- harass, annoy, intimidate, or threaten any of Company’s employees or agents engaged in providing any portion of the Website to you;
- delete the copyright or other proprietary rights notice from any Content;
- upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website;
- upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, software bugs or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
- except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website, or using or launching any unauthorized script or other software;
- disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website; or
- use the Website in a manner inconsistent with any applicable laws or regulations.
- DMCA Notice.
We, the Company, respect the intellectual property rights of others. If you believe that any material available on or through the Website infringes upon any copyright you own or control and you would like to send us a notice pursuant to the Digital Millennium Copyright Act (“DMCA”) please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Website infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A legend or subject line that says: “DMCA Copyright Infringement Notice”; (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) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by the Notification, a representative list of such works on the Website; (4) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (5) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (6) a statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
Company will only respond to DMCA Notices that it receives by mail or email at the addresses below:
Designated Copyright Agent:
Daniel W. Ford
Attn: DMCA AGENT
324 West Gore St.
Orlando, FL 32806
It is often difficult to determine if your copyright has been infringed. Company may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and Company may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.
We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.
Without limiting Company’s other rights, Company may, in appropriate circumstances, terminate a repeat infringer’s access to the Website and any other website owned or operated by Company.
- Counter Notification.
If you believe your own copyrighted material has been removed from the Website as a result of a mistake or misidentification, you may submit a written counter notification to “Mears Transportation Legal Department” using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) a legend or subject line that says: “DMCA Counter-Notification”; (2) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (3) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (4) a statement that you will accept service of process from the party that filed the Notification or the party's agent; (5) your name, address, and telephone number; (6) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (7) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.
THIS SECTION APPLIES TO ANY AND ALL DISPUTES, CONTROVERSIES, INJURIES, OR CLAIMS ARISING OUT OF OR RELATED TO THE WEBSITE, TRANSPORTATION PURSUANT TO THE WEBSITE, OR OTHERWISE RELATED TO THE TERMINATION OR BREACH OF THIS AGREEMENT (“CLAIMS”). AS USED HEREIN, THE PLURAL AND SINGULAR USES OF “CLAIMS” AND “CLAIM” SHALL BE INTERCHANGEABLE.
The Parties will endeavor to amicably resolve any Claim. In the event, however, that a Claim cannot be amicably resolved, the Parties agree that they shall first go to mediation using a Florida Supreme Court Certified Circuit Mediator selected mutually by the Parties. The mediation shall be governed by the Florida Rules for Certified & Court Appointed Mediators and F.S. Chapter 44. If the Parties cannot agree to a mediator, the matter will be submitted for mediation to the American Arbitration Association (AAA). In such circumstance, the Parties agree that the Commercial Mediation Rules shall govern, and the mediator will be selected as set forth in those rules. The costs of the mediation shall be borne equally by the Parties. Mediation shall be held in Orange County, Florida at a mutually agreeable location. To the extent that the matter is not resolved at mediation, the Parties agree to resolve any and all disputes in arbitration as set forth below.
How This Arbitration Provision Applies. This Arbitration Provision is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (FAA) and evidences a transaction involving commerce. In the event that the FAA is adjudicated not to apply to this Agreement, then the Arbitration Provision shall be governed by the laws of the State of Florida, including the Revised Uniform Arbitration Act, F.S. Ch. 682. This Arbitration Provision applies to any Claim and survives after the Agreement terminates. Nothing contained in this Arbitration Provision shall be construed to prevent or excuse either Party from utilizing any procedure for resolution of complaints established in this Agreement, and this Arbitration Provision is not intended to be a substitute for the utilization of such procedures.
This Arbitration Provision is intended to apply to the resolution of Claims that otherwise would be resolved in a court of law or before a forum other than arbitration. Notwithstanding this Arbitration Provision, User and Company retain the right to bring individual Claims arising under Florida law, and within the applicable jurisdictional limit, in Small Claims Court or County Court in Orange County, Florida. In the event a Third-Party, not a party to this Agreement, files a law suit or other civil action against the Company and /or its Driver, in State Circuit Court or Federal Court, the Company reserves the right to file counterclaims and cross-claims. Notwithstanding the previous sentence, any trademark, patent or trade secret Claim arising under Federal law and unable to be adjudicated through the Arbitration Provision shall be brought exclusively and solely in the U.S. District Court, Middle District of Florida, Orlando Division. Disputes covered by arbitration include, without limitation, disputes arising out of or relating to interpretation or application of this Arbitration Provision, including the enforceability, revocability or validity of the Arbitration Provision or any portion of the Arbitration Provision. Except as provided with respect to the class, collective and representative waivers described above and in subsection (4) below, the arbitrator has the sole authority to determine whether a dispute is arbitrable and whether it has been timely filed and pursued.
This Arbitration Provision also applies, without limitation, to disputes arising out of or related to this Agreement and disputes arising out of or related to the disputes regarding any contractual, unfair competition, or payment issues, and to any and all other city, county, state or federal statutory or common law claims. This Agreement is intended to require arbitration of every claim or dispute that lawfully can be arbitrated, except as otherwise provided for in Section 24 Subsection B of this Agreement.
Selecting The Arbitrator and Location of the Arbitration. Arbitration will be conducted pursuant to the Commercial Arbitration Rules of the AAA, except where applicable and the Consumer Arbitration Rules are required. The Arbitrator shall be selected by mutual agreement of the Company and the User, and if the Parties cannot agree to an Arbitrator, the Arbitrator will be selected as set forth in the Commercial Arbitration Rules. The location of the arbitration proceeding shall be in Orange County, Florida, U.S.A., unless each Party to the arbitration agrees in writing otherwise.
Starting The Arbitration. All claims in arbitration are subject to the same statutes of limitation that would apply in court. The Party bringing the claim must demand arbitration in writing and deliver the written demand by hand or first-class mail to the other Party within the applicable statute of limitations period. The demand for arbitration shall include identification of the Parties, a statement of the legal and factual basis of the claim(s), and a specification of the remedy sought. Any demand for arbitration by the User shall be provided to the Company’s Executive Vice President and General Counsel, 324 West Gore Street, Orlando, FL 32806. The Company will then forward the demand to the AAA. If the Company demands arbitration, it shall send the demand to the User and to the AAA. The Arbitrator shall resolve all disputes regarding the timeliness or propriety of the demand for arbitration. The Arbitrator shall have the same authority as a court of law to grant requested relief; this would include relief requested regarding temporary restraining orders and preliminary injunctive remedies. However, this provision does not prevent either Party from requesting available temporary or preliminary injunctive remedies from an appropriate court but only upon the ground that the award to which that Party may be entitled in arbitration may be rendered ineffectual without such provisional relief. The request for temporary or preliminary injunctive remedies does not remove the dispute from final resolution by the arbitrator. The request for temporary or preliminary injunctive remedies does not waive either Party’s right to arbitrate claims covered by this Arbitration Provision.
How Arbitration Proceedings Are Conducted. In arbitration, the Parties will have the right to conduct adequate civil discovery, bring dispositive motions, and present witnesses and evidence as needed to present their cases and defenses, and any disputes in this regard shall be resolved by the Arbitrator.
AN USER HAS AN OPTION TO OPT OUT OF ARBITRATION PROVISION IN THIS AGREEMENT WITHIN THIRTY (30) DAYS OF FIRST REGISTRATION ON THE WEBSITE OR MAKING THEIR FIRST BOOKING OF TRANSPORTATION THROUGH THE WEBSITE, WHICHEVER IS SOONER, BY TAKING THE FOLLOWING ACTIONS:
To opt out, you must notify Mears in writing within 30 days of the date of first registration on the website or making Your first booking of transportation through the website, whichever is sooner, or you become subject to the arbitration provisions of this Agreement. You must send written request to this address: Mears Transportation Group Attention: Legal Department, Arbitration Opt-Out, 324 W. Gore St., Orlando, FL 32806.
Your letter must include your complete name, residence complete address, email address you used for your Mears WEBSITE Account, and a clear statement that you want to opt out of this Agreement’s arbitration provision.
Paying For The Arbitration. Each Party will pay the fees for his, her or its own attorneys, subject to any remedies to which that Party may later be entitled under applicable law (i.e., a Party prevails on a claim that provides for the award of reasonable attorney fees to the prevailing party). In all cases where required by law, the Company will pay the Arbitrator's and the AAA’s arbitration fees. We may have the right to pay the AAA fees if required for arbitration to be enforceable. If under applicable law the Company is not required to pay all of the Arbitrator's and/or the AAA’s arbitration fees, the fee(s) will be apportioned equally between the Parties or as otherwise required by applicable law. Any disputes in that regard will be resolved by the Arbitrator.
The Arbitration Hearing And Award. The Parties will arbitrate their dispute before the Arbitrator, who shall confer with the Parties regarding the conduct of the hearing and resolve any disputes the Parties may have in that regard. Within 30 days of the close of the arbitration hearing, or within a longer period of time as agreed to by the Parties or as ordered by the Arbitrator, any Party will have the right to prepare, serve on the other Party and file with the Arbitrator a brief. Consistent with the Enforcement of this Agreement language set forth in Section 24.B(7), below, the Arbitrator may award any Party any remedy to which that Party is entitled under applicable law, but such remedies shall be limited to those that would be available to a party in his or her individual capacity in a court of law for the claims presented to and decided by the Arbitrator, and no remedies that otherwise would be available to an individual in a court of law will be forfeited by virtue of this Arbitration Provision. The Arbitrator will issue a decision or award in writing, stating the essential findings of fact and conclusions of law, which will be final and binding on the Parties. Except as may be permitted or required by law, or as determined by the Arbitrator, neither a Party nor the Arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all Parties. The Arbitrator shall not have the power to commit errors of law or legal reasoning, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error. The Parties agree that the award of the arbitrator shall be the final, sole and exclusive remedy between them regarding any claims, counterclaims, issues or accountings presented or pled to that Arbitrator; that any monetary award shall be promptly paid, free of any tax, deduction or offsets; and that any costs, fees or taxes incident to enforcing the award shall be charged against the Party resisting such enforcement. The resulting arbitration award may be enforced in any court of competent jurisdiction. The Parties expressly agree that the federal and state courts in Orange County, Florida are courts of competent jurisdiction for entering judgment upon an award, and for purposes of enforcing an award.
Enforcement Of This Agreement. This Arbitration Provision is the full and complete agreement relating to the formal resolution of disputes arising out of this Agreement. If and only if the class action waiver provision set forth in Section 24.C, below, is deemed unenforceable, then it is agreed that the entire arbitration provision shall also be deemed unenforceable. In the event any portion of this Arbitration Provision other than Section 4, above, is deemed unenforceable, the remainder of this Arbitration Provision will be enforceable.
THE AGREEMENT TO ARBITRATE IS AN IMPORTANT BUSINESS DECISION AND YOU SHOULD NOT RELY SOLELY UPON THE INFORMATION PROVIDED IN THIS AGREEMENT AS IT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION. YOU SHOULD TAKE REASONABLE STEPS TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS — INCLUDING BUT NOT LIMITED TO AN ATTORNEY — REGARDING THIS DECISION, JUST AS YOU WOULD WHEN MAKING ANY OTHER IMPORTANT BUSINESS OR LIFE DECISION.
- CLASS ACTION WAIVER.
YOU AND THE COMPANY AGREE TO SUBMIT AND RESOLVE ALL CLAIMS IN BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS ONLY, AND NOT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION BASIS. THE ARBITRATION PROVISION ALSO PRECLUDES YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION BROUGHT AGAINST THE COMPANY BY SOMEONE ELSE, EXCEPT AS OTHERWISE PROVIDED FOR IN SECTION 24 SUBSECTION B OF THIS AGREEMENT. The Arbitrator shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis. If at any point this provision is determined to be unenforceable, the Parties agree that this provision shall not be severable, unless it is determined that the Arbitration may still proceed on an individual basis only.
- WAIVER OF RIGHTS TO JUDGE OR JURY TRIAL.
BOTH PARTIES KNOWINGLY, FREELY AND MUTUALLY AGREE TO WAIVE ANY AND ALL RIGHT(S) TO A TRIAL BY JUDGE OR JURY ON ANY CLAIM, ISSUE OR DISPUTES BETWEEN THE PARTIES INVOLVING THIS AGREEMENT OR ANY OTHER LEGAL CLAIM OR DEMAND MADE BY EITHER PARTY, EXCEPT AS OTHERWISE PROVIDED FOR IN SECTION 24 SUBSECTION B OF THIS AGREEMENT.
Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Modifications. Company reserves the right in its sole discretion from time to time to modify or change the terms and conditions of this Agreement and/or information, terms or conditions found in any hyperlinks within the body of this Agreement. All modifications and changes shall become effective at the time they are posted. User agrees that any modifications or changes are deemed accepted immediately upon the opening and continued use of the Website after such modifications and changes are made. User agrees it is their responsibility to regularly review the terms and conditions to stay abreast of any modifications or changes.
You agree that we may give you notices or otherwise respond to you by mail or to your email (if we have it on file) or in any other manner reasonably elected by us. In order to resolve a complaint regarding this Website or to receive further information regarding use of the Website, please contact Company at:
Mears Transportation Group
324 West Gore Street
Orlando, FL 32806
You acknowledge that we have no obligation to provide you with customer support of any kind and that customer service personnel cannot change or waive the terms of this Agreement or applicable Additional Terms.