ID90 Travel App
Terms & Conditions
Last Updated:
August 1st, 2018.
1. ABOUT THESE TERMS & CONDITIONS
1.1. We are ID90 Travel, Inc., a Delaware corporation doing business as “ID90 Travel” and “Trebeca” (hereafter, “ID90T,” “we,” “us” or “our”).
1.2. The following terms and conditions (the “Terms & Conditions”) set out the terms upon which we are agreeing to provide you with access to this website (“Website”) and with access to our services. We provide an online ticketing solution service and an interface to promote and to enable you to make reservations with third party providers (“Third Party Providers”), such services, “our Services”. Any flights, hotels or other services or amenities booked through our Website will constitute a contract between you and that Third Party Provider.
1.3. By accessing or using our Website or any of our Services, or if you tick a box where the option is made available to you, the user, (hereafter “you” or “your”), are entering into a legally binding agreement with us in accordance with the terms set out herein. These Terms & Conditions are legally binding upon you, enforceable by us against you and govern your access to and use of this website and our Services.
1.4. BY YOUR CONDUCT IN USING OR ACCESSING THIS WEBSITE, YOU (1) REPRESENT AND WARRANT TO ID90T THAT YOU ARE OVER THE AGE OF EIGHTEEN (18) AND HAVE THE LAWFUL RIGHT AND AUTHORITY UNDER APPLICABLE LAW TO MAKE AND ENTER INTO A LEGALLY BINDING AND ENFORCEABLE AGREEMENT; AND (2) KNOWINGLY AND INTENTIONALLY WAIVE ALL CLAIMS, DEFENSES AND ARGUMENTS BASED ON ANY ASSERTION THAT THESE TERMS AND CONDITIONS ARE NOT BINDING AND ENFORCEABLE FOR ANY REASON.”
1.5. IF ANY OF THE REPRESENTATIONS OR WARRANTIES SET FORTH ABOVE ARE NOT TRUE, OR YOU DO NOT OTHERWISE AGREE TO BE BOUND BY THESE TERMS & CONDITIONS, THEN DO NOT USE THIS WEBSITE; OTHERWISE, YOUR CONDUCT IN DOING SO WILL BE DEEMED FOR ALL PURPOSES TO IRREBUTABLY EVIDENCE YOUR INTENT AND AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS.
2. Modifications to Terms & Conditions
2.1 ID90T reserves the right at its sole discretion to unilaterally modify and amend these Terms & Conditions, in whole or in part, at any time without notice, by such means as it deems reasonable and appropriate, including without limitation, by posting the modified Terms and Condition on the Website and noting the date upon which they were last revised. The modified Terms and Conditions will be legally binding on and enforceable against you immediately upon posting. Your use of the Website and/or Services at any time following any such posting shall irrebutably evidence your intent and agreement to be bound by the modified Terms and Conditions. If you do not agree to be bound by any such modified Terms & Conditions, then you must immediately cease all use of the Website and Services; otherwise, your conduct in continuing to use the Website will be deemed for all purposes to irrebutably evidence your intent and continuing agreement to be bound by the modified Terms and Conditions, and any transactions you may make or enter into subsequent to the posting thereof will be subject to such modified Terms and Conditions.
3. Registration and Security
3.1 If you have registered to use this Website, then you have already chosen or been assigned a username and password as part of the registration process. You should never allow anyone else to access or use your user name and password. You are solely responsible for maintaining and protecting the confidentiality of your username and password, and for all activities, transactions and conduct on the part of anyone using your username and password on the Website, regardless of whether they did so with your knowledge, approval or consent. We reserve the right to change, reclaim, restrict and/or suspend your username and password and/or your access to the Website and the Services at any time and for any reason, with or without prior notice, in our sole discretion.
4. Access to and Use of the Website
Limited License
4.1 ID90T grants you a non-exclusive, personal, revocable, non-transferable, limited license (the “License”) to access and use the Services for your personal use only to make legitimate reservations (the “Permitted Purpose”). As between you and ID90T, we expressly reserve all intellectual property rights of any kind associated with the Service, save and except for the License referenced above.
Covenants
4.2. As a condition precedent to ID90T’s willingness to grant you the License referenced above, you covenant and agree that you will not:
(i) access or use the Website and/or the Services for any purpose other than the Permitted Purpose;
(ii) reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit any content accessible via the Website and/or the Services, nor otherwise permit or allow any third party to do so using your user name and password;
(iii) impersonate anyone else when you use our Website or Services;
(iv) use, nor permit nor allow any third party to use (through the use of your user name and password or otherwise), the Website and/or the Services in any way which:
(a) violates any applicable statute, regulation, ordinance or law of any kind;
(b) interferes with or damages our Website, network or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(c) transmits material that infringes or violates the intellectual property or contractual rights of others or the privacy or publicity rights of others;
(d) uses the Website and/or Services for any purpose other than the Permitted Purposes specified herein, unless otherwise affirmatively, clearly and unambiguously agreed by ID90T in writing;
(e) transmits content that is unlawful, obscene, defamatory, predatory, threatening, harassing, abusive, slanderous, or hateful to any person or entity as determined by ID90T in its sole discretion;
(f) uses the Services in a way that is intended to harm, or a reasonable person would understand would likely result in harm, the user or any other person or property;
(g) collects information about us or any third parties, including without limitation, the names, e-mail addresses and other information of any kind relating to other users;
(h) uses any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Services or any portion thereof, without the express, written consent of the ID90T;
(i) takes any action with respect to the Services which we deem in our sole and absolute discretion, to be inappropriate, damaging, or not in the best interest of ID90T, the Website, the Services or ID90T’s clients and/or users; and/or
(j) assists any other party in doing or engaging in any of the foregoing conduct.
(ii) reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit any content accessible via the Website and/or the Services, nor otherwise permit or allow any third party to do so using your user name and password;
(iii) impersonate anyone else when you use our Website or Services;
(iv) use, nor permit nor allow any third party to use (through the use of your user name and password or otherwise), the Website and/or the Services in any way which:
(a) violates any applicable statute, regulation, ordinance or law of any kind;
(b) interferes with or damages our Website, network or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(c) transmits material that infringes or violates the intellectual property or contractual rights of others or the privacy or publicity rights of others;
(d) uses the Website and/or Services for any purpose other than the Permitted Purposes specified herein, unless otherwise affirmatively, clearly and unambiguously agreed by ID90T in writing;
(e) transmits content that is unlawful, obscene, defamatory, predatory, threatening, harassing, abusive, slanderous, or hateful to any person or entity as determined by ID90T in its sole discretion;
(f) uses the Services in a way that is intended to harm, or a reasonable person would understand would likely result in harm, the user or any other person or property;
(g) collects information about us or any third parties, including without limitation, the names, e-mail addresses and other information of any kind relating to other users;
(h) uses any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Services or any portion thereof, without the express, written consent of the ID90T;
(i) takes any action with respect to the Services which we deem in our sole and absolute discretion, to be inappropriate, damaging, or not in the best interest of ID90T, the Website, the Services or ID90T’s clients and/or users; and/or
(j) assists any other party in doing or engaging in any of the foregoing conduct.
4.3. From time to time you may be able to upload content on to our Website. By doing so, you are representing that:
(i) you have the rights, power and authority necessary to upload, reproduce and/or distribute the content;
(ii) the content is true, accurate and not misleading;
(iii) the uploading reproduction and/or distribution of the content will not constitute or encourage a criminal offence or violate the rights of any party or otherwise create liability or violate any relevant local, national or international law;
(iv) the content complies with the restrictions set out in clause 4.2 above; and
(v) use by us for the purposes of providing our Services will not breach the intellectual property rights or any other contractual or privacy rights of any third party.
(ii) the content is true, accurate and not misleading;
(iii) the uploading reproduction and/or distribution of the content will not constitute or encourage a criminal offence or violate the rights of any party or otherwise create liability or violate any relevant local, national or international law;
(iv) the content complies with the restrictions set out in clause 4.2 above; and
(v) use by us for the purposes of providing our Services will not breach the intellectual property rights or any other contractual or privacy rights of any third party.
4.4. You hereby grant us a perpetual, royalty-free licence to use any content uploaded by you for the purpose of providing our Services as well as for use of aggregate anonymous data for statistical and analytical purposes.
Remedies
4.5. If you breach of any of your covenants, representations, warranties or any other terms or obligations set forth in these Terms and Conditions, ID90T will be entitled to all rights, recourse and remedies available to it under applicable law, including without limitation, (a) equitable relief enjoining you from engaging in further breach; and (b) damages which ID90T and any ID90T Affiliates may suffer or incur as a direct or indirect result or consequence of any such breach, including without limitation, lost profits and other consequential damages. For purposes of these Terms and Conditions, “ID90T Affiliates” means any entity which controls, is controlled by or under common control with ID90T.
5. Modification, Limitation and Discontinuance of the Service
5.1 ID90T reserves the right to suspend or discontinue your access to the Website and Services, and to limit your access to, modify, change or discontinue any aspect of the Services at any time, with or without cause and for any reason, with or without notice.
5.2. In addition, ID90T and its Third Party Providers may cancel any travel or service reservations associated with your name, e-mail address or account, and close any associated accounts, if your account or bookings show any signs of fraud, abuse or suspicious activity. In any such event, you agree that ID90T will not be liable to you or to any third party for any damages or harm you may suffer or incur as a result of its conduct in doing so.
6. Privacy
6.1. Any information you submit to us through the Website, including without limitation, any personally identifiable information and payment information, will be subject to ID90T’s Privacy Notice, as accessible through this Website, as such Privacy Notice may be amended from time to time by ID90T in its sole discretion (the “Privacy Notice”).
7. Intellectual Property
7.1. Unless otherwise expressly stated, ID90T is the owner or the licensee of all intellectual property rights associated with the Website and our Services and any and all tools, applications and materials of any kind which are published on or otherwise made available through the Website or the Services (the “Proprietary Materials”). Such Proprietary Materials are protected by copyright, patent and trademark laws and treaties around the world and may not be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, unless expressly permitted by us.
7.2. Except as to the License provided for herein, nothing made available to users via the Services should be construed to confer any license or ownership right in or materials published or otherwise made available through the Website or our services, whether by estoppel, implication, or otherwise. All rights not granted to you in the Terms & Conditions are expressly reserved.
8. Additional Terms and Conditions for Bookings
8.1. Any products, services or amenities advertised on our Website are provided by independent Third Party Providers/ we are acting as an agent to facilitate the booking. When you make a booking using our Website, you are entering into a contract with the Third Party Provider offering the service, product or amenity. Your booking will be subject to that Third Party Provider’s terms. We do not accept any liability for the acts and/or omissions of any Third Party Providers, so please read their terms and conditions carefully. By making your booking, you are agreeing to be bound by any such additional terms and conditions imposed by any Third Party Provider with whom you may elect to deal, to pay all amounts when due and to comply with the provider’s rules and restrictions regarding availability, use of fares, products and services. ID90T and its Third Party Providers reserve the right to cancel your booking if full payment is not received when due.
8.3. You acknowledge that some Third Party Providers may require you to (a) present them with a credit card upon check-in to cover additional fees or charges that you may incur, and that any such deposit is in addition to any payments you may make to ID90T or such third party provider; and (b) sign their liability waiver as a condition to their willingness to provide you with any service, product or amenity they may offer.
8.4. Please visit Terms & Conditions to review the Terms and Conditions for our supplier’s hotel bookings and content.
9. Taxes
9.1. Unless otherwise expressly stated, we do not include any taxes which may be payable by you in relation to a booking. You acknowledge and agree that:
(a) governing authorities in certain jurisdictions often impose additional taxes (e.g. hotel occupancy taxes, tourist tax, etc.), which must be paid locally, and that you are solely responsible for paying such taxes;
(b) except as to taxes on amounts which we may retain for our services, ID90T does not collect taxes for remittance to applicable taxing authorities. This will be the responsibility of the Third Party Provider supplying the hotel; and
(c) any tax recovery charges that ID90T may charge you on prepaid hotel transactions represent the estimated taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc.) that ID90T is obligated to pay to the hotel supplier for taxes due on the rental of the room, and do not represent a collection of taxes from you for ID90T to remit to the applicable tax authorities.
The actual tax amounts paid by ID90T to the hotel suppliers may vary from the tax recovery charge amounts, depending upon factors in effect at the time of the actual use of the hotel by our customers. ID90T does not act as co-vendor with the Third Party Providers with whom its books or reserves its users’ travel arrangements. Taxes vary by location.
(b) except as to taxes on amounts which we may retain for our services, ID90T does not collect taxes for remittance to applicable taxing authorities. This will be the responsibility of the Third Party Provider supplying the hotel; and
(c) any tax recovery charges that ID90T may charge you on prepaid hotel transactions represent the estimated taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc.) that ID90T is obligated to pay to the hotel supplier for taxes due on the rental of the room, and do not represent a collection of taxes from you for ID90T to remit to the applicable tax authorities.
The actual tax amounts paid by ID90T to the hotel suppliers may vary from the tax recovery charge amounts, depending upon factors in effect at the time of the actual use of the hotel by our customers. ID90T does not act as co-vendor with the Third Party Providers with whom its books or reserves its users’ travel arrangements. Taxes vary by location.
10. Prepaid Hotel Reservations
10.1. ID90T’s Third Party Providers pre-negotiate certain room rates with hotels to facilitate the booking of reservations on its users’ behalf. You acknowledge that this Website provides you with a platform through which you can book reservations, and expressly authorize ID90T and its Third Party Providers to book reservations for the total reservation price, which includes the room rate displayed on the Website, plus tax recovery charges and service fees.
10.2. By making a booking for a hotel, you agree that your credit card will be charged for the total reservation price by ID90T or its Third Party Providers. Depending on the circumstances, you may be able to cancel or change your prepaid hotel reservation. But if you do so, you may be charged the cancellation or change fee indicated in the rules and restrictions for the hotel reservation. If you do not cancel or change your reservation before the cancellation policy period applicable to the hotel you reserved, which varies by hotel (usually 24 to 72 hours) prior to your date of arrival, you will be subject to a charge equal to applicable nightly rates, tax recovery charges and service fees. In the event you do not show for the first night of the reservation and plan to check-in for subsequent nights in your reservation, you must confirm the reservation changes with us no later than the date of the first night of the reservation to prevent cancellation of your reservation. You agree to pay any cancellation or change fees that you incur.
10.3. IN SOME LIMITED CIRCUMSTANCES, YOU MAY NOT BE ABLE TO CHANGE OR CANCEL RESERVATIONS OR BOOKINGS AFTER THEY ARE MADE (E.G. RESERVATIONS AND BOOKINGS MADE ON THE DAY OF TRAVEL, AMONG OTHERS). AS SUCH, PLEASE PAY CLOSE ATTENTION TO THE DATES OF YOUR RESERVATIONS AND MAKE SURE THEY ARE CORRECT; OTHERWISE, YOU WILL BE CHARGED FOR NON-CANCELLABLE BOOKINGS, REGARDLESS OF WHETHER SUCH BOOKINGS WERE DELIBERATE AND INTENTIONAL, OR OTHERWISE MADE IN ERROR.
10.3. You agree to abide by the terms and conditions imposed with respect to your prepaid hotel reservations. You may not book reservations for more than nine (9) rooms online for the same hotel/stay dates. If we determine that you have booked reservations for more than nine (9) rooms in total in separate reservations, we may cancel your reservations, and charge you a cancellation fee, if applicable. If you paid a nonrefundable deposit, your deposit will be forfeited.
11. International Travel
11.1. You are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. ID90T has no special knowledge regarding foreign entry requirements or travel documents. We urge customers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations.
Passport and Visa
11.2. You must consult the relevant Embassy or Consulate for this information. Requirements may change and you should check for up-to-date information before booking and departure. We accept no liability if you are refused entry on to a flight or into any country due to your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries you may just be transiting through. This includes all stops made by the aircraft, even if you do not leave the aircraft or airport.
Health
11.3. Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.
Disinsection
11.4. While extremely uncommon, most countries reserve the right to disinsect aircraft if there is a perceived threat to public health, agriculture or environment. The World Health Organization and the International Civil Aviation Organization have approved the following disinsection procedures: (1) spray the aircraft cabin with an aerosolized insecticide while passengers are on board or (2) treat the aircraft’s interior surfaces with a residual insecticide while passengers are not on board.
11.5. BY OFFERING RESERVATIONS FOR TRAVEL PRODUCTS IN PARTICULAR INTERNATIONAL DESTINATIONS, NEITHER ID90T NOR ITS THIRD PARTY PROVIDERS MAKE ANY REPRESENTATION OR WARRANTY THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK, AND ARE NOT RESPONSIBLE FOR ANY INJURY TO PERSONS (INCLUDING DEATH) OR DAMAGE TO OR LOSS OF PROPERTY THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
12. Pricing and Other Information
12.1. You acknowledge that some of the information published through the Website may include errors or inaccuracies, including inaccurate pricing information, and that ID90T and its Third Party Providers do not guaranty the accuracy of such information, and further disclaim all liability for inaccuracies relating to the information and descriptions of the hotels, cars, cruises and other services, products and amenities displayed on or through the Website (including without limitation, the pricing, photographs, lists of hotel amenities, and general product descriptions).
12.2. In addition, ID90T expressly reserves the right, on behalf of itself and its Third Party Providers, to correct any pricing errors and/or pending reservations made under an inaccurate price. In such event, ID90T or its Third Party Providers may offer you the right to keep your pending reservation at the correct price or to cancel your reservation without penalty.
13. Third Party Providers; Disclaimer & Limitation of Liability
13.1. The Third Party Providers of travel and related services available on or through the Website are independent contractors and not agents of ID90T. As such, ID90T, its affiliates, and their respective officers, directors, equity holders, employees, and representatives (collectively, “ID90T Representatives”) are not liable in any way for any personal injuries, death, property damage or other damages or expenses, arising from or in connection with any errors or omissions, breaches of representations or warranties, or other acts on the part of any such Third Party Providers, or their employees, agents or representatives of any kind.
14. DISCLAIMERS
14.1. THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS, AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. ID90T MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR SUITABLE FOR YOUR INTENDED PURPOSE, (B) THE INFORMATION PRESENTED ON THE WEBSITE OR THROUGH THE SERVICES WILL BE ACCURATE OR RELIABLE, (C) ANY ERRORS IN THE WEBSITE OR SERVICES (OR ANY PORTION OR FEATURE THEREOF) WILL BE CORRECTED. YOU ASSUME COMPLETE RESPONSIBILITY FOR AND ALL RISKS ASSOCIATED WITH YOUR USE OF THE WEBSITE AND THE SERVICES, AND ANY OTHER WEBSITES AND SERVICES YOU MAY ACCESS THROUGH THE WEBSITE AND/OR THE SERVICES, AND ACKNOWLEDGE THAT NEITHER ID90T OR ITS AFFILIATES SHALL HAVE ANY LIABILITY TO YOU, YOUR HEIRS, SUCCESSORS OR REPRESENTATIVES OF ANY KIND FOR ANY PRODUCTS, SERVICES OR AMENITIES PROVIDED BY ANY THIRD PARTIES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ID90T HAS NOT MADE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE WEBSITE AND/OR THE SERVICES, WHICH ARE NOT OTHERWISE EXPRESSLY SET FORTH HEREIN IN WRITING. YOUR USE OF THE WEBSITE AND THE SERVICES IS AT YOUR OWN RISK.
14.2. IN NO EVENT SHOULD ID90T’S PUBLICATION OF HYPERLINKS TO THIRD PARTY WEBSITES ON THE WEBSITE BE CONSTRUED AS AN ENDORSEMENT OR RECOMMENDATION BY ID90T OF THE THIRD PARTY WEBSITES OR ANY PRODUCTS OR SERVICES THAT MAY BE OFFERED THROUGH ANY SUCH WEBSITES. NOR SHALL ID90T OR ANY ID90T REPRESENTATIVES HAVE ANY LIABILITY FOR THE QUALITY, CONTENT, NATURE OR RELIABILITY OF ANY SUCH THIRD PARTY WEB SITES ACCESSIBLE BY LINKS FROM THE ID90T WEBSITE.
15. LIMITATION OF LIABILITY
15.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(i) NEITHER ID90T NOR THE ID90T REPRESENTATIVES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE ANY ASPECT OF THE SERVICES; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICES; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICES; (F) ANY OTHER MATTER RELATING TO THE SERVICES; (G) ANY BREACH OF THIS AGREEMENT BY ID90T OR OUR FAILURE TO PROVIDE THE SERVICES OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. THIS PARAGRAPH SHALL NOT AFFECT OUR RIGHTS UNDER SECTION 16 BELOW.
(ii) If ID90T or any of the ID90T Representatives are ever found liable for any loss or damage arising from or in connection with the errors or omissions, breaches of representations or warranties or other acts on the part of any of the aforementioned, notwithstanding the foregoing limitation, then the liability of ID90T and such ID90T Representatives shall be limited to, and not exceed, the greater of, the revenues earned by ID90T from the transactions which gave rise to such losses or damages, or U.S. $100. This limitation of liability reflects an allocation of risk between the parties, and will survive and apply even if the remedy specified above is found to have failed its essential purpose.
(iii) We have no liability to you for any use, misuse or loss of content by third parties, and/or any act or omission of any user, third party provider or any other third party.
(iv) There are no conditions, warranties, representations or other terms, express or implied, that are binding on us except as specifically stated in these Terms and Conditions (including implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement) and including in relation to the user interface, the availability of our Website or Services. Any condition, warranty, representation or other term concerning the provision of our Website or Services which might otherwise be implied into or incorporated in these Terms and Conditions, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.
(v) You expressly understand and agree that we shall not be liable to you for: (a) any indirect, special, incidental or consequential loss or damage which may arise in respect of your use of our Services and/or our Website’s use or non-availability; (b) loss of profit, business revenue, goodwill and anticipated savings: (c) any trading or other losses which you may incur as a result of use of or reliance upon any content; (d) the deletion of, corruption of, or failure to store, any content; and other communications data maintained or transmitted by or through your use of our Website or Services; or (e) any effect which use of our Website may have on any software you use.
(ii) If ID90T or any of the ID90T Representatives are ever found liable for any loss or damage arising from or in connection with the errors or omissions, breaches of representations or warranties or other acts on the part of any of the aforementioned, notwithstanding the foregoing limitation, then the liability of ID90T and such ID90T Representatives shall be limited to, and not exceed, the greater of, the revenues earned by ID90T from the transactions which gave rise to such losses or damages, or U.S. $100. This limitation of liability reflects an allocation of risk between the parties, and will survive and apply even if the remedy specified above is found to have failed its essential purpose.
(iii) We have no liability to you for any use, misuse or loss of content by third parties, and/or any act or omission of any user, third party provider or any other third party.
(iv) There are no conditions, warranties, representations or other terms, express or implied, that are binding on us except as specifically stated in these Terms and Conditions (including implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement) and including in relation to the user interface, the availability of our Website or Services. Any condition, warranty, representation or other term concerning the provision of our Website or Services which might otherwise be implied into or incorporated in these Terms and Conditions, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.
(v) You expressly understand and agree that we shall not be liable to you for: (a) any indirect, special, incidental or consequential loss or damage which may arise in respect of your use of our Services and/or our Website’s use or non-availability; (b) loss of profit, business revenue, goodwill and anticipated savings: (c) any trading or other losses which you may incur as a result of use of or reliance upon any content; (d) the deletion of, corruption of, or failure to store, any content; and other communications data maintained or transmitted by or through your use of our Website or Services; or (e) any effect which use of our Website may have on any software you use.
16. Indemnification
16.1. In addition to any remedies provided for elsewhere in these Terms and Conditions, you shall and do hereby further agree to indemnify, defend and hold ID90T and the ID90T Representatives (as defined in 13 above) harmless from any and all awards, costs, damages, expenses (including attorneys’ fees), harm, fines, judgments, penalties and losses of any kind, including lost profits and consequential damages, which may be suffered or incurred by any such ID90T Representatives as a direct or indirect result of (a) your breach of any of your covenants, representations, warranties or other obligations set forth in these Terms and Conditions, (b) any content or other information provided by you to ID90T or that you submit, transmit or otherwise make available through the Services; (c) your use of the Website or Services; or (d) any violation of any rights of another or harm you may have caused to another. ID90T shall retain sole control of the defense of any such damage or claim.
17. Notice
17.1. You agree that ID90T may provide notices to you under these Terms & Conditions, through electronic mail, regular mail or posting the notices on the Website or to your account information.
17.2. All notices to ID90T must be in writing, and sent via certified mail, to ID90T, Attn: Chief Financial Officer, Grapevine, TX 76051. Such notices will be deemed delivered upon the earlier of the verification of delivery or three (3) business days after being sent.
18. Entire Agreement
18.1. Unless you enter into a separate written agreement with us that provides otherwise, these Terms & Conditions govern your use of the Website and the Services and constitutes the entire agreement between you and ID90T. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and ID90T regarding the subject matter contained in this Agreement.
19. Claims; Arbitration
19.1. If you have a problem, claim or dispute arising from or relating to any of Services provided by or through the Website, or any products, services or amenities you may purchase from ID90T or any of its Third Party Providers on or through the Website, any dealings you may have with our customer support representatives or service agents, our Privacy Policy or any representations we have made (collectively, “Claims”), you agree to allow us the opportunity to resolve any such Claims by contacting ID90T’s Customer Support Department as provided in Paragraph 22 below. If we are not able to resolve your Claims within sixty (60) days, then you may seek relief through arbitration or in small claims court, as provided below.
19.2. You agree that any and all Claims will be resolved by binding arbitration, rather than in court; provided, that you may assert Claims on an individual basis in small claims court if they qualify under applicable law, including any Claims you may assert against ID90T or any of its third party suppliers, which are third-party beneficiaries of this arbitration agreement. This also includes any Claims that may have arisen before you accepted these Terms and Conditions, regardless of whether any prior versions of these Terms and Conditions required arbitration. All arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrators fees will be governed by the AAA’s rules. To begin an arbitration, you must send a letter to us via certified mail, return receipt requested, at the following address:
ID90T
925 South Kimball Ave.
Suite #140
Southlake, TX, 76092
Attn: Legal Dept.
Include a copy to:
American Arbitration Association
1101 Laurel Oak Road, Suite 100
Voorhees, NJ 08043
Attn: Case Filing Services
Any and all proceedings to resolve Claims will be on an individual basis only, and not in a class, consolidated or representative proceeding. If any Claim proceeds in court instead of arbitration, you hereby waive any right to trial by jury.
20. Governing Law & Exclusive Venue
20.1. Any and all causes of action, claims, disputes or other legal proceedings of any kind arising from or relating to these Terms and Conditions or your use of the Website or Services shall be governed by the laws of the State of Texas, and venue in regard to any such matters shall lie exclusively in the state and federal courts located in Dallas County, Texas.
20.2. If any part of any provision of the Terms and Conditions shall be or become invalid, unlawful or unenforceable to any extent, then the remainder of such provision and all other provisions of the Terms and Conditions shall continue to be valid and enforceable to the fullest extent permitted by law.
21. Assignment
21.1. You may not assign these Terms and Conditions, the License or any other rights or privileges afforded you hereunder. Any purported assignment in violation of this section shall be voidable at the election of ID90T.