USER AGREEMENT
This document describes the terms with which CARRIAIR offers you access to our services. This agreement describes the terms and conditions applicable to your use of our services available under the CARRIAIR domain. By accessing, browsing and/or using this site, you acknowledge that you have read, have understood, and agree to be bound by this Agreement and to comply with all applicable laws and regulations of the US and Canada (by US it is meant the United States of America, its territories and possessions, and by Canada, it is meant Canada and its territories and possessions), including all US and Canadian import and export control laws and regulations. Also, by your acceptance, of this Agreement, you hereby agree and acknowledge that at anytime and in our sole discretion, we may effectively modify the terms and conditions of this Agreement by posting the modified Agreement with its new terms and conditions on the CARRIAIR website. All modified terms and conditions shall take effect immediately after posting to the CARRIAIR website. You agree and consent to any and all modified terms and conditions hereunder. This Agreement may not be modified, amended, and/or changed by you in any manner. Furthermore, you agree that we may modify this Agreement or discontinue our website at anytime and without notice and without any liability or responsibility to you. This agreement is effective on _________________, 2016 for all users.
CARRIAIR is a Neutral Venue. CARRIAIR is not a Pilot, Transportation Service Provider (TSP), freight forwarder or broker (Collectively “Pilot”, as used hereinafter). Our site acts as a venue where shipping customers or shippers meet Pilots, who serve to transport goods and cargo, including live stock, pets and passengers, and enter into agreements. CARRIAIR is not involved in the actual transaction between shipping customers and Pilots. As a result, we have no control over the quality, safety, or legal aspects of the transactions that take place on our website. CARRIAIR does not prequalify or validate the claims of Pilots including with respect to their licensure, insurance and vehicle registration(s). We, our website and mobile application function solely as a neutral venue and digital clearinghouse where two parties may agree on a price for a particular type of service. We are the neutral venue for this connection between you and other members. We do not provide any endorsement for you or your services, you acknowledge and agree that we do not provide the services and we are not in any way responsible for assisting you in any manner with your provision of the services. We cannot and will not guarantee the ability of members to complete payment for any of the provided services. Furthermore, due to the difficulty of individual authentication, especially on the Internet, we cannot and will not in any manner verify or confirm the identity or ability of members to pay for the provided services. You acknowledge and agree that any and all communications, correspondence, verbal or written, or any warranties or representations, made with regard to the services are not provided by us and are specifically and solely between you and the other member. Because we are not involved in the actual transaction between shipping customers and Pilots, we have no control over the accuracy of listings, the ability of Pilots to transport items, or the ability of shipping customers to send items. We cannot ensure that a shipping customer or Pilot will actually complete a shipment. Because we are not involved in the actual transaction between shipping customers and Pilots, we have no responsibility and do not assume any liability for any items being transported, regardless of their legality, restricted or prohibited nature (see, for example, Paragraph 31 below), whatsoever.
Membership/Freedom To Enter Into A Contract. You agree that you, a shipping customer or a Pilot is a member of CARRIAIR, and can form legally binding contracts under applicable law. Our services are not available to temporarily or indefinitely suspended CARRIAIR members. You acknowledge that you are at least 18 years of age. Minors may only use this service in conjunction with their parents or guardians. Your CARRIAIR membership may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this agreement. Pilots who engage in the transportation of goods must have a valid license to operate the vehicle they intend to use, and have the requisite permits, licenses and other documentation necessary to transport the goods to be transported. You agree that the website and mobile application are for services only and that work that you provide will only involve services. You agree that you will not use your participation in the CARRIAIR website as a means to sell or market any types of goods or products, unless specifically allowed by CARRIAIR.
Other Terms and Conditions. You acknowledge and agree that CARRIAIR has the sole discretion to set forth and post additional terms and conditions for your use of the website and mobile application at various places throughout the website and mobile application. You agree that those additional terms and conditions shall be considered an effective amendment to this Agreement and said terms and conditions shall be incorporated herein. Furthermore, You expressly agree that if there is any conflict between those additional terms and conditions and the specific terms and conditions set forth herein, the terms and conditions set forth herein shall govern.
Fees. There are currently no fees to join CARRIAIR as a user, including as either a shipping customer or a pilot. CARRIAIR will charge an administrative fee inclusive of the booking price. The booking price includes the administrative fee to be charged by the Pilot. This amount will be displayed to the shipping customer over the CARRIAIR web site. In addition, should a credit card used in payment be denied by the credit card provider, the shipping customer will be charged the administrative fee and should a credit card transaction be protested with the credit card provider, CARRIAIR will charge a credit card handling fee in addition to the administrative fee. Should a transaction be canceled after the transaction is finalized, for example, the goods and Pilot are both present to perform the transaction as agreed upon between the shipping customer and the Pilot,, CARRIAIR will charge the administrative fee. All aforementioned fees are solely in the discretion of CARRIAIR, Unless otherwise stated, all transactions are based in US Dollars (“USD”). For transactions in a different currency, CARRIAIR will use the conversion rate on the transaction date to calculate any and all fees.
Payments. CARRIAIR collects the total booking price, which includes the administrative fee, as described in Paragraph 4 above. Once delivery is completed, and CARRIAIR receives the appropriate documentation, from the shipping customer and the Pilot (as detailed below in Paragraph 6) that the transaction has been completed, CARRIAIR credits the agreed-upon amount to the Pilot. The Pilot is paid in accordance with Paragraph 6 below. The aforementioned administrative fee for CARRIAIR is non-refundable, and is paid to CARRIAIR regardless of the completion of the transaction between the shipping customer and the pilot. Additionally, in accordance with Paragraph 4 above, there may be additional fees payable to CARRIAIR, regardless of the completion of the transaction between the shipping customer and the pilot.
CARRIAIR is not an escrow service as the shipping customer retains the right to control their payment(s). Once delivery is completed, and CARRIAIR receives the appropriate documentation, from the shipping customer and the Pilot (as detailed in Paragraph 6 below) that the transaction has been completed, this is the equivalent of making a non-reversible cash payment.
In the event of a payment dispute, when a shipping customer refuses to authorize payment to the Pilot, CARRIAIR will collect its non-refundable fees, e.g., administrative fees, as detailed above, and may attempt, at its discretion, to contact the customer on behalf of the Pilot regarding the refusal of payment and assist in mediating the issue. However, CARRIAIR is not responsible for any monetary disputes that reside with a Pilot or shipping customer; it is the responsibility of both the Pilot and shipping customer to resolve all monetary disputes, damage claims, breach of contract claims, etc. outside of CARRIAIR.
Payment to Pilot. The Pilot will be credited for payment of the predetermined amount monthly (once a month) after all goods have been delivered to the agreed upon destination and CARRIAIR has received an air way bill signed by the recipient of the goods, along with any documentation, expressly requested by CARRIAIR, properly authorized by the necessary parties indicating completion of the shipping of all items. The air way bill is to include all telephone numbers, mobile and land based, of the shipping customer and the Pilot, such that the shipping customer and Pilot are free to communicate with each other concerning the contracted shipment. These telephone numbers are not to be used by the shipping customer and the Pilot for any other purpose, such as those provided for in Paragraphs 15, 16, 17 and 18 below. Payment to Pilots will be made by electronic funds transfer to a designated account as provided by the Pilot on a predetermined date of each month for the preceding month.
No Agency. You hereby agree and acknowledge that your execution of this Agreement, your provision of services and/or your use of the CARRIAIR website, does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with us and furthermore that no affiliation, association or connection exists between you and CARRIAIR.
Release. Should you have a dispute with one or more CARRIAIR, you release CARRIAIR, its officers, directors, agents, and employees from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Shipping. As a shipping customer, you are obligated to complete the transaction with the Pilot if you accept the Pilot’s s bid, unless the transaction is prohibited by law or by this Agreement. By accepting a Pilot’s bid, you agree to be bound by the conditions of the bid included in the bid details so long as those trip details are not in violation of this Agreement or unlawful. Acceptance generally is not retractable unless: (1) the Pilot materially changes the bid details after your acceptance; (2) a typographical error is made; or (3) you cannot authenticate the Pilots identity or credentials. The Pilot reserves the right to inspect your shipment before accepting it, and to refuse to transport any item prohibited by this Agreement or by law. We recommend that you do not seal any package before inspection by the Pilot. It is the sole and exclusive responsibility of the shipping customer and the Pilot to accept the goods/cargo in its packaging, and the sole and exclusive responsibility of the shipping customer and the Pilot for any damages resulting from insufficient packaging or the packaging itself. IMPORTANT: CARRIAIR does not screen or qualify Pilots for compliance with federal, state or local laws and regulations. It is recommended that you confirm such compliance directly with the Pilot before services are rendered by the Pilot.
Legality of Transported Items/Prohibited and Restricted Items. Both shipping customer and Pilot warrant that all items to be transported are legal under US and Canadian laws and regulations. Additionally, both shipping customer and Pilot warrant that all items to be transported are not Prohibited and Restricted Items, and are not Hazardous or Dangerous Goods. For details on particular hazardous substances and transportation requirements in the US, see the U.S. Postal Service Publication 52. For details on particular hazardous substances and transportation requirements outside of the U.S., please consult your local postal authority and/or regulatory agency. Restricted Items: Prohibited regulated or perishable goods. These are items considered restricted or perishable by the U.S. Postal Service which generally do not pose a danger to health, safety, or property while being transported, but their transport is regulated or banned for public policy reasons. Generally, restricted or perishable items that can lawfully be transported by mail or commercial carrier are permitted on CARRIAIR (see U.S. Postal Service Publication 52 for additional details). Full responsibility rests with the sender to comply with all postal and no postal laws and regulations that relate to the mailing of hazardous, restricted and perishable material. Anyone who sends, or causes to be sent, a non-mailable or improperly packaged hazardous material can be subject to legal penalties (i.e., fines and/or imprisonment), including but not limited to those specified in 18 U.S.C.
(U.S. Only) Household Goods Shipments. The Federal Motor Carrier Safety Administration (FMCSA), part of the U.S. Department of Transportation, administers laws and regulations for the protection of shipping customers of household goods. Your Pilot is required by the FMCSA to provide you with certain information pertaining to a household goods move. You can determine the FMCSA registration and safety status of your Pilot at www.fmcsa.dot.gov and review the FMCSA regulations for household goods moves as well as other helpful information at www.protectyourmove.gov.
(U.S. Only) Non-household Goods Shipments. The Federal Motor Carrier Safety Administration, part of the U.S. Department of Transportation, required that all Pilots handling interstate shipments register with it and provide certain information. You can determine the registration and safety statues of your Pilot at www.fmcsa.dot.gov. Certain transportation services may involve movements only within one state. A number of states have statutes and regulations pertaining to such intrastate transportation. We suggest you check with your state Department of Transportation if your service is entirely within one state.
Transportation And Route of Transportation. Pilot must legally be able to transport the shipments you bid on. You agree that it is your sole obligation to comply with all laws, rules, statutes and regulations that may apply including any and all local, state and federal licensing requirements (Pilot must hold all applicable licenses, vehicular and otherwise, required for the proper transport of all items to be shipped). Pilot must also take a route of travel over legal airspace which is a commercially accepted route in accordance with US Federal Aviation ‘Administration Standards and Canadian Aviation Administration laws and regulations, outside of all restricted air space. You must describe your offer and all terms of your services on the bid submittal form on our site. You acknowledge that the CARRIAIR website exists for members to make a fully informed decision about your bids, services offering, policies and procedures. Therefore, you shall disclose to every member that you attempt to do business with your services offerings and relevant policies, procedures and fees that you will charge, including, but not limited to, taxes and/or other service charges. In the event, that you charge “extra fees” (and we are made aware of this fact), CARRIAIR reserves the right to suspend or cancel your account at our sole discretion. Your bid may only include content relevant to the description of your transportation services. If you bid on any shipment and your bid is accepted by the shipping customer, you are obligated to perform the services offered in your bid at the accepted bid price. You authorize CARRIAIR to charge your credit card when the shipping customer accepts your bid (see Fees). We are not responsible for the accuracy of this information. We recommend that you verify with the shipping customer the information that we provide.
Insurance. Any insurance covering the goods and cargo being shipped, as well as the shipment itself and any persons or property associated therewith, is the sole responsibility of either the shipping customer and/or the Pilot.
Information You Submit.
a) You solely are responsible for any information you provide to us or other users in the registration, shipping, or transportation process. All information which you submit is the sole property of CARRIAIR. It may only be used for the specific transaction you are entering into with the respective shipping customer or pilot. It may not be used for any Off-Site Communications, as defined in Paragraph 17 below.
b) Your personal information and any shipment or trip listings must be true, legal, accurate, and non-fraudulent. You may not provide contact information to other members for the purpose of bypassing CARRIAIR in any shipping or other transaction, including any transaction fees. Information may not contain any viruses or other malware that may damage or interfere with our website and mobile application. Furthermore, you may not list any shipment or trip on our site that, by paying to us a match fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our Prohibited Items terms. You authorize CARRIAIR to use the information you supply to us in connection with our services and in accordance with this Agreement. Our website and mobile application acts as a passive conduit for any and all communication and/or distribution of information. We have no control, editorial or otherwise, over any communication, information, and specifically, over the content of such communication or information. We do not and will not ensure the accuracy or reliability of such communication or information nor will we act as a monitor over the content of such communication for information. However, we do reserve the absolute right to remove or restrict any communication or information that you may post to the website and mobile application that is in violation of this Agreement, illegal, threatening, or lewd. You acknowledge and agree that this website and mobile application acts as a passive conduit for any of your on line communication or distribution of content or information.
Furthermore, you expressly represent and warrant the following: (1) You are the owner, with all appurtenant rights thereto, of any and all communication, content and/or information that you post on the website or mobile application, or; (2) You are the legitimate and rightful grantee of a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to use, distribute, reproduce and distribute such communication, content and/or information. To only that extent to allow us to use your communication, content and/or information and not violate your rights in the same, You grant to us a royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to exercise the copyright, publicity and database rights that you have in your communication, content and/or information. You further represent and warrant that any and all of your online communication, content and/or information:
Will not violate any international, federal or state law, regulation, rule, or statute;

Will not violate the terms of this Agreement;
Will not infringe any third party’s intellectual property rights including but not limited to copyright, patent or trademark rights;
Will not contain obscene, lewd, or suggestive content and under no circumstances will it contain pornography;
Will not be libelous, threatening, harassing or defamatory. This specifically includes making legal claims of any sort about CARRIAIR employees, agents, other members, or the marketplace itself;
Will not contain any computer hardware or software, viruses, trojan horses, worms, or any other computer programming that may interfere with the operation of our website, mobile application, operation of any of our systems and or create or impose a large burden or load on our website or mobile application;
Will not scan or test the vulnerability or security of our website, mobile application or the system within which it operates;
Will not be used for commercial or public purposes outside of the requirements of this Agreement;
Will not create liability for us in any manner whatsoever;
Will not frame or link to our website without our written permission; and
Will not involve the upload, or insertion of, any programming language or code into or onto our website or mobile application.
You agree to use common sense and good judgment when conducting or posting any online communication or distribution of information. You assume legal responsibility for all damages incurred as a result of any of your online communication or distribution of information.

Fraud. CARRIAIR may suspend or terminate your account if we suspect that you have engaged in fraudulent activity in connection with our site. Members (Users) may not manipulate the bid prices and/or transaction fees, for any shipment or interfere with other members’ listings or transactions. Other fraudulent transactions include:
Manipulating feedback – You acknowledge and agree that the CARRIAIR website or mobile application is a neutral venue and that all transactions for services are made by and between you and other members only and, therefore, we cannot, do not and will not make any comments on behalf of you or your services. As a consequence, you acknowledge that the key component and integrity of the site is the ability of members to leave feedback about you and/or your services (whether positive, neutral or negative) AND for other members to read and evaluate those feedback reviews and make voluntary choices based upon that feedback. Therefore, in order to preserve the key component and integrity of the site, you shall NOT:
Improperly influence in any manner, or cause another to, improperly influence in any manner the feedback of the member;
Post and/or cut and paste and/or copy the content of a member feedback review from the CARRIAIR website or mobile application to your own personal or business website, to any other third party web site and/or on any of your own personal, business or third party marketing/advertising materials regardless of the form;
Attempting to gain feedback by receiving multiple feedback from the same member (members may only leave one feedback, whether positive, neutral, or negative, to any other member, regardless of the number of matches that the two parties complete with each other);
Post or attempt to post, in any manner or by any means, a feedback review on your own account.
Ask shipping customers to pay off-site through another form of payment when they have already paid through CARRIAIR Payments.
Off-Site Communications. CARRIAIR owns all information received from shipping customers and pilots. CARRIAIR prohibits its member shipping customers and pilots from using any information except for the specific transaction being made and contracted for. No member, shipping customer or pilot, may use any of the aforementioned information for any subsequent shipment, any future solicitations for shipment as well as any other solicitations for any other purpose, regardless of whether or not for profit. Any future communications between members, shipping customers and pilots must be made through the CARRIAIR website, in accordance with the terms and conditions herein. Some examples of off-site offers include:
Entering personal contact information, such as website addresses, fax numbers, phone numbers or email addresses, in CARRIAIR web page(s)
Using personal contact information, such as website addresses, fax numbers, phone numbers, or email addresses, obtained through CARRIAIR’s web page(s)
CARRIAIR reserves the right to edit, amend, or delete any personal contact information that members submit on our site. CARRIAIR reserves the right to suspend or delete the account of any member that attempts to make off-site transactions.
Posting in the Community. CARRIAIR reserves the right to edit, amend, or delete any information posted on the CARRIAIR web site if, in the sole opinion of CARRIAIR, the posting contains language that is vulgar, obscene, inflammatory, illegal, irrelevant, or in violation of any section of this User Agreement.
Right to Reject or Remove Members. We reserve the absolute right to reject your participation, or remove you from your current participation, in the CARRIAIR site at any time and for any reason or for no reason and without notice to you. An event that may result in the rejection or removal of Your participation can include but is not limited to: any cancellation that you make or otherwise cause ; your creation, maintenance and/or management of more than one account; your circumvention or non-payment in full of our fees; any attempt by you to improperly influence, or cause another to, improperly influence the feedback of members; any attempt by you to harass, or cause another to harass, or commit inappropriate communications with a member and/or a failure to deliver the promised services on time; any attempt by you to harass, or cause another to harass, or commit inappropriate communications with one of employees, agents, or partners.
Petition for Reinstatement. Upon your removal from the CARRIAIR website, you may petition for reinstatement. Your petition for reinstatement must include the following:
a) A written statement as to why you should be reinstated; and,
b) Your contact information. Your Petition will be reviewed at our discretion and any determination as to your reinstatement will be based on our sole judgment. Your submission of a Petition does not, in any manner, guarantee, that you will be reinstated and we specifically disclaim any and all representations with respect to such guarantee. We will contact you as to our decision to reinstate You. We are not obligated to give you any reason or basis as to our decision. You understand that any decision as to reinstatement may be a simple, yes or no. All decisions are final.
Confidentiality/Non-Disclosure. As a result of the performance of this Agreement and whether due to any intentional or negligent act or omission, we may disclose to you or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business (“Our Information”). You hereby agree and acknowledge that any and all of our information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes as allowed by the performance of this Agreement. Any disclosure of Our Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of this Agreement. Furthermore, you acknowledge that our information is proprietary, confidential and extremely valuable to us, and that we would be materially damaged by your disclosure of Our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief.
Taxes. You are responsible for collecting and remitting any and all taxes associated with the transactions or use of this site.
Record Keeping/Audit. We reserve the right to keep all records of any and all transactions and communications between you and other members for administration purposes.
Non-solicitation. During the term of this agreement, you shall not solicit to hire nor hire our employees of whom you become aware of through the performance of this Agreement. Furthermore, you shall not otherwise interfere with any of our other business relationships including those with our members.
No Felony Convictions. You represent and warrant that you, and any individuals associated with you who will perform the services, have not been convicted of a felony. Furthermore, you represent or warrant that there are currently no legal proceedings, criminal, civil or administrative, instituted against you that will prevent you from performing the services.
Unsolicited Idea Submission. We always want to receive messages and feedback from shipping customers and pilots. However, CARRIAIR policy does not allow us to accept or consider ideas, suggestions, or proposals other than those we specifically request. The intent of this policy is to avoid the possibility of future misunderstandings when new functionality and features developed internally by CARRIAIR might be similar or even identical to your idea. Accordingly, if you do send CARRIAIR an unsolicited suggestion, idea, or proposal, regardless if you were requested by CARRIAIR to do so, CARRIAIR will consider the Submission to be non-confidential and non-proprietary. CARRIAIR shall have no obligations concerning the Submission whatsoever, and CARRIAIR will be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you.
Identity Verification. We use techniques to help verify the identity of Pilots when they register on our website through the CARRIAIR.com domain, sub-domains or mobile application; however, CARRIAIR cannot and will not confirm each Pilot’s identity. We have implemented a user-managed feedback system to help you evaluate other members you are transacting with.
Remedies. Remedies for use of our website or mobile application that violate this agreement include, but are not limited to, the immediate removal your shipment or trip listings, notifying our members of your actions, issuing a warning, temporarily suspending your membership, terminating your membership, and refusing to provide our services to you.
No Warranty. CARRIAIR, our employees, and our suppliers provide services without any warranty or express, implied or statutory conditions. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
Limited Liability. We try to keep CARRIAIR and its sites, services, and tools safe, secure, and functioning properly. You acknowledge that we cannot guarantee the continuous operation of or access to our sites, services, or tools. You further acknowledge that operation of and access to our sites, services, or tools may be interfered with as a result of technical issues or numerous factors outside of our control. You agree that you are making use of our sites, services, and tools at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold CARRIAIR responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
Your use of or your inability to use our sites, services and tools;
Delays or disruptions in our sites, services, or tools;
Viruses or other malicious software obtained by accessing our sites, services, or tools or any site, services, or tool linked to our sites, services, or tools;
Glitches, bugs, errors, or inaccuracies of any kind in our sites, services, and tools or in the information and graphics obtained from them;
The content, actions, or inactions of third parties, including items listed using our sites, services, or tools or the destruction of allegedly fake items;
A suspension or other action taken with respect to your account;
Your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Indemnity. You agree to indemnify and hold us and our officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your negligence, breach of this Agreement, or violation of any law or the rights of a third party.
Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, shipping, transporting, and solicitation of offers to ship and transport items.
Arbitration. Any legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by CARRIAIR to collect our fees and/or recover damages for, or obtain an injunction relating to, the CARRIAIR site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in ————————————, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
Trademark and Domain Name Protection. The CARRIAIR website and mobile application contains trademarks, tradenames, trade dress, service marks, domain names or other indicia of ownership (collectively the “Marks”) owned or licensed for use by us. Unless otherwise agreed to in an Addendum to this Agreement, you agree that no right, property, license, permission or interest of any kind in or to the Marks is or is intended to be given or transferred to or acquired by you pursuant to the execution, performance or non-performance of this Agreement or any part thereof. You shall in no way contest or deny the validity of, our right of title to or license of use for, the Marks, and you shall not encourage or assist others directly or indirectly to do so, during the lifetime of this Agreement and thereafter. You shall not utilize the Marks in any manner that would diminish their value or harm their reputation. You shall not use or register any domain name that is identical to or similar to any of the Marks.
Security. CARRIAIR uses industry standard practices to safeguard your personal information, including firewalls and Secure Socket Layers. We utilize several different security techniques to protect data from unauthorized access, but we cannot guarantee the security of our system. We also do not guarantee uninterrupted or secure access to our system, as the operation of our website or mobile application can be interrupted by numerous factors outside of our control.
Governing Law. THIS AGREEMENT AND YOUR USE OF THE SITE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF _____________________ and WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS.
General. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import.