PLEASE READ THIS AGREEMENT CAREFULLY.
Secure Transportation Company, Inc. (“Secure”) is willing to provide you access to and use of its Itineris Passenger App (“Application”) in order to make requests for transportation and arrange for the provision of transportation (“Service”) subject to the condition that you accept all of the terms and conditions contained in this Terms of Use agreement (“Agreement”).
You may accept this Agreement either by creating an account through the Application or by using the Application to arrange for the Service. Your acceptance of this Agreement means that you have read this Agreement, understand it and agree to be legally bound by its terms and conditions. If you do not agree to any of the terms below, you should close the Application and uninstall the Application from your electronic device if you have it installed. This Agreement is solely between you and Secure and not any other third party, including the party from whom you acquired the Application.
As part of creating an account on the Application or requesting the Service, you will be asked to provide certain personal information, such as your name, birth date, email address, home address, and phone number. Secure will use this information to arrange for and provide the Service. When you use the Service, certain of this information will be provided to Service Providers.
If you access or use the Application, you are accepting the terms and conditions of our Privacy Policy. The Privacy Policy is located at https://next.itinerisonline.com/static-resources/privacy-policy.html. If you do not agree with the Privacy Policy, you must discontinue use of the Application and not utilize the Application to request the Service.
Secure may suspend your ability to use the Application or may terminate this Agreement effective immediately and without notice to you if: (a) Secure receives repeated faulty or unfulfilled requests for the Service; (b) Secure has been notified that you are no longer a member of the designated healthcare plan; or (c) Secure reasonably believes you have violated this Agreement. YOU AGREE THAT SECURE SHALL NOT BE LIABLE TO YOU FOR ANY TERMINATION OF THIS AGREEMENT OR OF YOUR ACCESS TO THE APPLICATION. You may terminate this Agreement and discontinue your participation in and access to the Service at any time by ceasing use of the Application, removing the Application from your Devise or delivering notice to Secure at support@securetransportation.com. Upon termination of this Agreement for any reason, your right to use the Application shall immediately cease, and you shall stop all use of the Application. Provision of this Agreement that by their terms will survive termination or expiration of this Agreement.
THE ACCESS TO AND USE OF THE APPLICATIOPN IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND. SECURE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, OR NON-INFRINGEMENT. SECURE MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, OR THAT THE USE WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL SECURE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SERVICE PROVIDERS OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, ARISING OUT OF OR RELATED TO YOUR USE OF THE APPLICATION REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. THE AGGREGATE LIABILITY OF SECURE TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE IS LIMITED TO ONE THOUSAND DOLLARS ($1,000). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend and hold harmless Secure, its agents, employees, representatives, licensors, affiliates, officers, directors, Service Providers, and partners, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) resulting or arising from any third-party claim in connection with (a) any information you submit or transmit through the Application (or anyone using your Device), (b) your use of or access to the Application, (c) your violation of this Agreement, or (d) your violation of any rights of any third party.
The Application contains or comprises intellectual property that is owned by Secure and/or third parties, including without limitation the trademark “Secure” and related logos, content, and images. All such material is protected by relevant intellectual property laws, including trademark, copyright and/or trade secret laws. Without limiting anything herein, the material may not be used, copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, publicly performed, publicly displayed, or redistributed in any way without the prior written permission of Secure or the applicable third-party entity. You must abide by all intellectual property notices, information or restrictions contained in this Agreement.
This Agreement may be amended from time to time. If Secure amends, supplements, or modifies this Agreement, such change will only apply prospectively. If you object to any such changes, your sole recourse shall be to cease accessing and using the Application. Your continued use of the Application after the modification date shall indicate your acknowledgment of such changes and agreement to be bound by the revised Agreement, inclusive of such changes. This version of the Agreement will be effective immediately for any user who creates an account or accesses and uses the Application on or after that date. The term "Agreement" will include all subsequent amendments.
Neither party is in breach of this Agreement for any cessation, interruption, or delay in the performance of its obligations hereunder (other than payment obligations) due to causes beyond its reasonable control including, without limitation: earthquake, flood, fire, storm, or other natural disaster, act of God, labor controversy or threat thereof, pandemic, civil disturbance or commotion, acts or threats of terrorism, disruption of the public markets, war, or armed conflict.
This Agreement and the relationship between you and Secure shall be governed by the laws of the State of California, without giving effect to any choice of laws or principles that would require the application of the laws of a different country or state. Any legal action, suit, or proceeding arising out of or relating to this Agreement, or your use of the Service, must be instituted exclusively in the federal or state courts located in Los Angeles or Orange County, California and in no other jurisdiction. You further consent to personal jurisdiction and venue in, and agree to service of process issued or authorized by, any such court. Secure may provide you with notices by email or by posting changes on the Application. The failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Application or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The Agreement constitutes the entire, exclusive and final statement of the agreement between you and Secure with respect to the subject matter herein, superseding any prior agreements or negotiations between you and Secure with respect to the Application. You may not transfer or assign any rights or obligations you have under this Agreement without Secure’s prior written consent. Secure reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time. You agree that Secure may provide notice to you by posting it or emailing it. Such notice shall be considered to be received by you within 24 hours of the time it is posted or emailed to you unless we receive notice that the email was not delivered.
Any questions, problems, complaints or claims with respect to the Terms of Use or the Application can be directed to support@securetransportation.com.