Terms & Conditions

PLEASE CAREFULLY READ AND PRINT THE FOLLOWING "TERMS & CONDITIONS" FOR QUICK AND EASY REFERENCE. YOU MAY USE THE "PRINT" BUTTON AT THE BOTTOM OF THIS PAGE TO REPRINT THE "TERMS & CONDITIONS" AGREEMENT. IF YOU DO NOT AGREE WITH ANY PORTION OF CHARTER DISPATCH "TERMS OR CONDITIONS" AS SET FORTH BELOW, DO NOT ACCESS OR USE THIS WEB SITE, ITS SERVICES OR INFORMATION. YOUR ACCESS AND OR USE OF THIS WEB SITE, ITS SERVICES AND INFORMATION CONSTITUTES AND AFFIRMS THAT YOU HAVE READ, UNDERSTOOD, AND AGREED – AFTER RECEIVING A FULL AND FAIR OPPORTUNITY TO CONSULT WITH INDEPENDENT LEGAL COUNSEL – TO ABIDE BY ALL OF THE "TERMS AND CONDITIONS" AS SET FORTH BELOW, AND AS MAY BE CHANGED, ALTERED OR EDITED FROM TIME TO TIME.

I. Introduction

Through this Web Site, http://www.charterdispatch.com (the "Site"), Charter Dispatch offers an Internet-based "Charter Dispatch system" to its subscribers/members (herein known as ”subscribers”) in the Tour, Travel, Hospitality, Charter Bus, Limousine and General Transportation industries among others. The Charter Dispatch system helps inter-connect companies in the Tour, Travel, Hospitality, Charter Bus, Limousine and General Transportation industries by allowing authorized subscribers to make their own independent evaluations of other subscribers. As an example, the Charter Dispatch system allows subscribers to post tours for booking, show references, evidence of insurance coverage, and display copies of government licenses that can be reviewed by other subscribers who may be potential business partners or clients. The Charter Dispatch system may also allow subscribers to "rate" other subscribers or to provide information for other subscribers with regard to services rendered, repair centers, insurance companies, hotels, resorts, restaurants, et. al., or other destinations or information of interest. Subscriber (whether free or paid services) understands and agrees that Charter Dispatch does not and cannot control the reliability, completeness or accuracy of information available through this or any other inter-connected Site (or Site´s) and its services because such information is provided solely by the Site´s subscribers, who are largely unknown companies, entities and or individual persons to Charter Dispatch.

II. Standards of Conduct

CHARTER DISPATCH EXPECTS YOU TO ADHERE TO AND ABIDE BY NORMAL INDUSTRY STANDARDS OF PROFESSIONALISM. YOUR FAILURE TO MEET ANY OF THE FOLLOWING STANDARDS MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF YOUR CHARTER DISPATCH MEMBERSHIP, INCLUSIVE OF LOSS OF ANY PAYMENTS THAT MAY HAVE BEEN PAID TO CHARTER DISPATCH IN ADVANCE OF SERVICE OR SERVICES.

A. Transportation Carriers

If you are a carrier that provides transportation for bookings posted on the Site, you agree to abide by the following standards: (1) provide the agreed upon service(s) and vehicle(s) on the specified date(s) and time(s) and at the agreed upon price; (2) supply the agreed upon vehicle(s) for hire in well maintained and operable condition and in accordance with Federal, Regional, Provincial or State standards of maintenance, safety and record keeping; (3) promptly notify all appropriate parties of unexpected delays; (4) interact with all parties in a professional and courteous manner; (5) provide appropriate parties with complete invoices; (6) handle all claims fairly and responsively; (7) promptly make payments in the agreed-upon amounts; (8) maintain adequate insurance coverage and applicable Federal and State licenses at all times; (9) comply with all applicable Regional, Provincial, State, Federal and International laws and regulations.

B. Tour Operators and Bus Operators posting Tours

Tour Operators and Bus Operators (inclusive of limousine, minibus, van, sedan and town car operators) posting Tours (solicitations to provide transportation) or other entities that post Tours for booking on the Site, agree to abide by the following standards: (1) provide the agreed upon tour to carriers at the agreed upon time and price; (2) make prompt payment of outstanding balances owed to carriers; (3) remove from view on the Site listings that you have posted for booking on the Site once an agreement has been made with a carrier; (4) interact with all parties in a professional and courteous manner; (5) maintain adequate insurance and applicable licenses at all times; and (6) comply with all applicable International, Federal, Regional, Provincial, State and local laws; (7) abide by normal standards of business practices as generallly accepted within the Passenger Tour, Travel and Transportation Industries throught the United States, Canada, Europe and Asia.

III. Limited Rights of Use

The Site and its services involve the use of a computer system comprising computer programming and formatting code, computer executable instruction sets, operating instructions, graphics, designs, materials or other information (whether in written, graphic or other form(s), collectively, the "Content") that are protected by copyright, trademark, trade secret, patent or other intellectual property rights laws. Such system, the Site and the Content shall remain the property of Charter Dispatch and its licensors. You shall not assert any rights in or to such system, the Site or the Content other than a right to use the system, the Site and the Content for evaluating and verifying the information submitted by other subscribers, but specifically excluding developing, marketing or selling Tour, Travel, Charter, Rental and Hospitality database products or services or any similar products or services. Other than downloading or printing Content for such evaluation or verification, you shall not modify, copy, provide to any third party, sell, transfer or create derivative works of such system, the Site or the Content, whether in whole or in part. Without limiting the foregoing, you shall not (i) direct link, inline link, deep link or otherwise hyperlink any page of the Site other than the home page or (ii) page-scrape, robot, spider, hack, password mine or use any automatic or manual program or process to access or use such system, the Site or the Content. Notwithstanding the foregoing, the Site and its services may only be used by you for lawful purposes and in a manner that Charter Dispatch believes, in its sole and unlimited discretion, to be consistent with the rights of Charter Dispatch, the Site’s subscribers and or other third parties.

IV. Submitted Materials

By submitting any material or other information, whether in written, graphic or other form(s), to Charter Dispatch, you grant Charter Dispatch the irrevocable, royalty-free, fully-paid, worldwide right to use such material or other information in any manner in connection with the Site, its services or any other products or services offered by Charter Dispatch. Without limiting the foregoing, Charter Dispatch may, in its sole discretion, publish and distribute such material or other information by any method now existing or later developed without you receiving any payments from Charter Dispatch or you exercising any other rights against Charter Dispatch. You shall not submit any material or other information that violates law or the rights of any third party or that is unreliable, incomplete, inaccurate, obscene, libelous, defamatory or otherwise objectionable, and you hereby warrant that any material submitted by you does not infringe upon or impair the rights of any other person(s), entities, companies or corporations. By submitting a rating to the Site, you declare that you have conducted business with the rated party. If you rate a party with which you have not conducted business, your account or your ability to rate other subscribers may be suspended or terminated. While Charter Dispatch does not and cannot control any material or other information provided by you or the Site´s other subscribers, Charter Dispatch reserves the right to reject or remove any such material or other information at any time with or without cause or reason.

V. Changes to Service

The Site is expected to change from time to time. Charter Dispatch reserves the right to change any service offered, or the features of any service offered, on the Site at any time with or without notice, but will make reasonable effort to advise subscribers that a change or alteration has been made to said Services. Such alterations in Services shall be posted in common areas within the Charter Dispatch Site, and will be the sole responsibility of subscriber(s) to thoroughly read, copy and or print such changes in Services for future reference.

VI. Payment Terms

You must pay subscription fees per Charter Dispatch´s rate schedule in effect in order to access or use certain portions of the Site and its contents and or services. You are also responsible for any sales, use or other taxes applicable to your subscription. Payment terms are net 5 days. Delinquent accounts are subject to immediate suspension or termination without notice. Subscription fees will not be pro-rated for any partial period. If Charter Dispatch does not receive payment by credit or debit card from the card issuer or its agents, you agree to pay all amounts due upon demand by Charter Dispatch, inclusive of deposit, batch, rejection and other fees that may be charged to Charter Dispatch as a result of your credit card or debit card being rejected by Charter Dispatch´s Merchant Account Company.

VII. Expiration; Termination; and Suspension

Your subscription to this Site shall expire automatically at the end of each calendar month for which you have paid the monthly subscription fees in advance, unless you pre-pay your applicable subscription fees for an additional calendar month, quarter or year, in which case your subscription shall continue for an additional calendar month, quarter or year. Either you or Charter Dispatch may terminate your account at any time with or without cause or reason. Charter Dispatch may also suspend your account or access to certain features of the Site at any time with or without reason. TERMINATION OR SUSPENSION FOR CAUSE DOES NOT RELEASE YOU FROM FEES, TAXES OR OTHER CHARGES DUE, AND SUBSCRIPTION FEES SHALL CONTINUE TO ACCRUE DURING ANY SUSPENSION. Charter Dispatch may delete all data, files or other information stored in your account upon termination. Provisions set forth in the sections entitled "Limited Right to Use", "Submitted Materials", "Payment Terms", "No Warranty; Limitation of Liability" and "Indemnity" shall survive any termination.

VIII. No Warranty; Limitation of Liability

ACCESS OR USE OF THE SITE AND ITS SERVICES ARE AT YOUR SOLE RISK. CHARTER DISPATCH DOES NOT WARRANT THE RELIABILITY, COMPLETENESS OR ACCURACY OF THE SITE, ITS SERVICES OR ANY INFORMATION ON THE SITE. THE SITE, ITS SERVICES AND ANY INFORMATION ON THE SITE ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY OR ACCURACY), ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED EXCEPT TO THE EXTENT ANY WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. CHARTER DISPATCH´S TOTAL LIABILITY TO YOU (WHETHER BASED ON AN ACTION OR CLAIM IN CONTRACT OR TORT, INCLUDING NEGLIGENCE OR STRICT LIABILITY, OR OTHERWISE) ARISING OUT OF OR RELATING TO THE SITE, ITS SERVICES OR ANY INFORMATION ON THE SITE SHALL BE NO MORE THAN THE SUBSCRIPTION FEES PAID BY YOU TO CHARTER DISPATCH. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL CHARTER DISPATCH BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR LOSS OF DATA). WITHOUT LIMITING THE FOREGOING, CHARTER DISPATCH SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM (1) YOUR INABILITY TO ACCESS OR USE THE SITE AND ITS SERVICES AS THE RESULT OF ANY EVENT BEYOND THE REASONABLE CONTROL OF CHARTER DISPATCH (INCLUDING, WITHOUT LIMITATION, ANY PROGRAMMING ERROR, ANY VIRUS OR ANY DELAY OR FAILURE OF THE PERFORMANCE OF THE INTERNET) OR (2) ANY INFORMATION PROVIDED BY THE SITES SUBSCRIBERS. SOME JURISDICTIONS DO NOT ALLOW LIABILITY TO BE LIMITED. AS SUCH, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IX. Indemnity

You agree to indemnify and hold harmless Charter Dispatch and its directors, officers, shareholders, agents, employees and the Site’s other subscribers from any and all claims, liabilities, damages or expenses (including, without limitation, attorney’s fees) arising out of or resulting from any and all access or use of the Site – and or its services and your account – by you, whether or not authorized, and any and all material or other information submitted by you to Charter Dispatch.

X. Non-Transferability

Your account, your limited rights of use above and all of your rights and obligations under these Terms and Conditions of Service, are not transferable or assignable by you in any way and any purported transfer or assignment shall be void. You agree to protect your password and other account information from unauthorized use. Should subscriber be bought, sold or have their interests change to the extent of ownership, subscriber must submit a request in written form to Charter Dispatch to change access authorization. Until Charter Dispatch has in kind issued written authorization for such ownership change acceptance no change(s) of authorization of use shall be allowed.

XI. Confidentiality

Charter Dispatch generally treats electronic messages as private. Exceptions include those permitted by law, including under the Electronic Communications Privacy Act of 1986 (the "ECPA"). The ECPA permits Charter Dispatch limited ability to intercept or disclose electronic messages, including, for example: (i) as necessary to operate the system or protect Charter Dispatch rights or property; (ii) upon legal demand (court orders, warrants, subpoenas); or (iii) where Charter Dispatch receives information inadvertently which appears to pertain to the commission of a crime. You should be aware that electronic messages might be intercepted lawfully or unlawfully outside of the Charter Dispatch system. In addition, although Charter Dispatch has implemented certain security measures, Charter Dispatch cannot guaranty that its system or stored data of a subscriber will be free from unauthorized intrusion or otherwise guaranty the privacy of information of any user.

XII. Use of Company Name

You grant Charter Dispatch the right, at Charter Dispatch’s option and expense, to use your company name, including reproduction of your logo, for advertisements and on other marketing materials of Charter Dispatch.

XIII. General

Charter Dispatch reserves the right to change these Terms of Service, in whole or in part, at any time with or without notice. Such changes shall be effective when posted on the Site, and your continued access or use of the Site and its services shall be considered acceptance of such changes. These Terms of Service constitute the entire agreement between you and Charter Dispatch, and supersede all other written and oral communications or agreements, with regard to the Site and its services. Any waiver of these Terms of Service by Charter Dispatch shall only be effective if in a writing signed by an authorized officer of Charter Dispatch. The Site is controlled, operated and administered by Charter Dispatch from its offices in Los Angeles County, California. These Terms of Service shall be governed by and construed in accordance with the laws of the State of California without regard to conflict of laws and principles. Any claim or cause of action by you against Charter Dispatch with respect to your access or use of the Site and its services or your account shall be brought in the Federal or State courts of Los Angeles County, California within one (1) year after the claim or cause of action arises. Without limiting any other remedy under law, in equity or pursuant to these Terms of Service, you acknowledge and agree that Charter Dispatch shall be entitled to seek injunctive relief or other equitable relief for any breach of these Terms of Service. If any provision of these Terms of Service is found to be unenforceable or invalid, the remaining provisions shall be enforceable and valid to the greatest extent as permitted by law. Accessing or using the Site shall constitute effective execution and delivery by you of these Terms of Service.

XIV. Privacy Policy

Please read, review and print Charter Dispatch Privacy Policy for a description and continued reference of the privacy and related policies of the Charter Dispatch Site and all of its satelite Sites.