Last Updated: January 11, 2019
Agreement between user (“you” or “your”) and ABC GLOBAL SERVICES, INC. (“ABC,” “we,” “us,” or “our”).
Welcome to ezBookPro.com! The ezBookPro.com website (the "Site") is comprised of various web pages operated by ABC GLOBAL SERVICES, INC ("ABC"). is an E-commerce Site intended for use solely by travel agents solely to book travel services for travel agent customers.
PLEASE BE ADVISED THAT THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE ALL CLAIMS, AND DISCLAIMERS OF WARRANTIES AND LIABILITY. THESE TERMS ALSO ALLOW YOU TO PURSUE CLAIMS AGAINST US ONLY ON AN INDIVIDUAL BASIS, AND NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. AS A RESULT, YOU MAY SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY ON AN INDIVIDUAL BASIS.
WE MAY IMMEDIATELY TERMINATE YOUR ACCESS TO THE SITE IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THESE TERMS.
Please read these Terms carefully. These Terms may change from time to time. Your continued use of the Site after we make changes is deemed to be acceptance of those changes, so please check these Terms periodically for updates.
1. Your Compliance with these Terms
You acknowledge that these Terms are supported by reasonable and valuable consideration, which you have received, and which is adequate. Such consideration includes your ability to access, use or interact with the Site.
You represent and warrant that you have the capacity to be bound by these Terms, or if you are acting on behalf of a company or other entity, that you have the authority to bind, such company or entity. We may, at our sole discretion and at any time monitor your compliance with these Terms. Without limiting the foregoing, we have the right to:
· Take appropriate legal action, including referral to law enforcement for any illegal or unauthorized use of the Site.
· Terminate or suspend your access to all or part of the Site for any or no reason, including any violation of these Terms.
· Fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose your identity or other information.
YOU WAIVE AND HOLD US (AND OUR SUPLPIERS AND OTHER SERVICE PROVIDERS) HARMLESS FROM ANY CLAIMS RESULTING FROM ANY OF THE FOREGOING ACTIONS TAKEN BY US DURING OR AS A RESULT OF OUR INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY US OR BY LAW ENFORCEMENT AUTHORITIES.
2. The Site Is Not Intended for Minors
3. Electronic Communications
4. Your Access and Use of the Site
Your Access of the Site. We reserve the right to withdraw or amend the Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users.
Your Account. If you use the Site, you are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you accept any and all responsibility and liability for all activities that occur under your account or password, whether authorized or unauthorized. Without limiting the generality of the foregoing, you acknowledge that ABC is not responsible for third party access to your account that results from theft or misappropriation of your account. You agree to ensure that you exit from the Site at the end of each session. You should use particular caution when accessing the Site from a public or shared computer so that others are not able to view or record your username, password or other information.
You acknowledge that your account is personal to you and that you may not assign or otherwise transfer your account to any other person or entity.
ABC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content for any reason in our sole discretion.
Permitted Use. You may use the Site only as permitted by us, only for lawful purposes and only in accordance with these Terms. You may use the Site only in good faith for yourself or others on whose behalf you are authorized to act for purposes of booking travel services. You may not access or use the Site for any other purposes. Without limiting the generality of the foregoing, you may not and may not assist, encourage, support or enable others to:
· Use the Site in any way that violates any applicable federal, state, local or international law or regulation, or the rights of a third party;
· Through the use of the Site or our products, unlawfully defame, abuse, harass, offend, threaten or harm anyone or any entity;
· Engage in any conduct that restricts or inhibits, or prevents access, use or enjoyment of the Site (or any part thereof), or which, as determined by us, may harm us or other users of the Site or expose us or them to liability;
· Use the Site to impersonate or attempt to impersonate us, our employees or other representatives, another user of the Site or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing);
· Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site;
· Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
· Manually or otherwise reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit the Site or any of the material on the Site, except that you may print one copy of a reasonable number of pages of the Site for your own, personal use and not for further reproduction, publication or distribution or modification;
· Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site;
· Use any illustrations, photographs, video or audio sequences or any graphics available on the Site separately from Site;
· Use any device, software or routine that interferes with the proper working of the Site (or any part thereof);
· Introduce any viruses, trojan horses, worms, logic bombs or other malicious or technologically harmful material to, on or through the Site (or any part thereof);
· Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, or any servers, computers or databases on which the Site is stored;
· Attack the Site via a denial-of-service attack or a distributed denial-of-service attack;
· Otherwise attempt to interfere with the proper working of the Site (or any part thereof); or
Your right to access and use the Site is personal to you and is not transferable by you to any other person or entity. You are solely responsible for making all arrangements necessary for you to access the Site. Additionally, you are solely responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.
We may, in our sole discretion, cancel your access to the Site for any reason, including as a result of any breach or suspected breach of these Terms.
You Must Notify Us of a Breach. You must immediately notify us of any unauthorized use of your account or password, any unauthorized use of the Site, any violation of these Terms, or any other breach of security known to you in connection with the Site by sending an e-mail to us at: info@ezBookPro.com
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of these Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
5. Supplier Rules and Restrictions
Each reservation booked by you is subject to additional terms and conditions imposed by the supplier, which will are attached to the reservation or are available on the applicable supplier website. You agree to read all policies carefully and to make these policies available to your customers. When booking a reservation, you accept the applicable terms upon confirming that reservation and represent and warrant that your customers have also agreed to such terms.
You understand that any violation by you or your customers of any supplier term or condition may result in cancellation of the applicable reservation(s), in your or your customer being denied access to the applicable travel product or services, in your or the customer forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
Please note that each reservation is subject to the cancellation and refund policies attached to the reservation. Many prepaid reservations are not cancelable or otherwise require payment of a cancellation or change fee.
6. Pricing, sorting order, and other related matters
Pricing. You acknowledge that we or our affiliates pre-negotiate certain room rates with hotel suppliers to facilitate the booking of reservations. You also acknowledge that we provide the Site to you as a means to facilitate the booking reservations in exchange for certain consideration, in the form of a fee. The room rate displayed on the Site is a combination of the pre-negotiated room rate for rooms reserved on your behalf by us and our fee for your use of the Site.
You authorize us to book reservations for you or your customers at the total reservation price, which includes the room rate displayed on the Site, plus tax recovery charges, service fees, and where applicable, taxes on our services. You agree that your credit card (or that of your customers) will be charged by us for the total reservation price.
Payments for reservations are processed in the United States, when we process such payment. When the travel supplier processes payments, such payments will be processed in the country in which the travel supplier is based.
Taxes. You acknowledge that except with respect to tax obligations on the amounts we retain for our services, we do not collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid hotel transactions are a recovery of the estimated taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc.) that we pay to the hotel supplier for taxes due on the hotel's rental rate for the room. Our hotel suppliers are responsible for remitting applicable taxes to the applicable taxing jurisdictions. We do not act as co-vendors with any supplier included on the Site. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid by us to the hotel suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of the actual use of the hotel by you or your customers.
Currency Matters. In some instances, we will convert hotel rates from a different currency for convenience purposes to provide you and your customers with an estimate of the amount of the purchase in United States dollars. As a result, if a reservation is booked, the amount charged by the hotel supplier may be slightly different due to currency fluctuations. You (or your customer’s) statement may also include a fee from the card issuer to process the transaction plus any applicable taxes for international purchases.
Sorting. From time to time, the Site may offer “sort” or “filter” settings that allow you to order search results to meet certain criteria, or to include or exclude various options based on certain criteria. If no options are selected, the Site will show a range of relevant options in the search results, based on our default sort order, [which reflects the relevance of properties to your search criteria. We measure relevance by taking into account factors like a property’s location, the popularity of the property (measured by how many bookings for the property are made through the Sites), the quality of the content provided by the property, and the competitiveness of the property’s rates and availability, all relative to other properties meeting your chosen search criteria. The compensation which a property pays us for bookings made through the Site is also a factor for the relative ranking of properties with similar offers, based on the relevance factors described above. On our non-default sorts (e.g., by price), properties with similar results will be ordered based on the factors above]. Additionally, we continually make an effort to optimize the Site, and accordingly, may test different default sort order algorithms from time to time.
Other Matters. Some hotel suppliers may require you or your customers to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay. Such deposit is unrelated to any payment received by us for your or your customer’s hotel booking.
Some banks and credit card companies impose fees for international or cross border transactions. For instance, if a booking is made using a US-issued card with a non-US merchant, the bank may charge a cross border or international transaction fee. Furthermore, booking international travel may be considered an international transaction by the bank or card company, since we or the hotel supplier may pass card details to an international travel supplier to be charged. In addition, some banks and card companies impose fees for currency conversion. For instance, if making a booking in a currency other than the currency of the credit card, the credit card company may convert the booking amount to the currency of the credit card and charge a conversion fee. The currency exchange rate and foreign transaction fee is determined solely by the bank on the day that it processes the transaction. If you or your customers have any questions about these fees or the exchange rate applied to the booking, please contact (or direct your customers to contact) the bank.
7. You must notify your customers of these Terms
When booking travel services on or through our Site for your customers, you must notify your customers of the material terms of these Terms, including, without limitation, our terms and conditions under Section 5 (relating to our hotel suppliers’ additional terms and conditions), Section 6 (relating to pricing, taxes currency and other matters), Section 8 (relating to the lack of any guaranty by us regarding the terms, prices or other content offered by our suppliers, among other things), and Section 12 (excluding damages and otherwise limiting our liability to you and to any third parties, including your customers).
8. Links to third party sites/third party services
may contain links to other websites, mediums, content or materials belonging to advertisers, our business partners, affiliates or other third parties ("Linked Sites"). The Linked Sites are not under the control of ABC and ABC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ABC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ABC of the Linked Site (or the Linked Site operator, or its products or services) or any association with its operators or any products, services or content included or otherwise referenced on the Linked Site. We are not responsible for the activities or policies of Linked Site operators. We accept no responsibility for such third parties or for any loss or damage that may arise from your use of the Linked Sites or the products, services, content or other materials included on or otherwise referenced on the Linked Sites. If you decide to access any of the Linked Sites, you do so entirely at your own risk and subject to the terms and conditions of such Linked Site.
We do not guarantee that the terms, prices or other content offered by any particular advertiser, business partner, affiliate or other third party on or through the Site are accurate or the best terms or lowest prices available in the market.
Certain services made available via are delivered by third parties. By using any third party product, service or functionality originating from the Site domain, you hereby acknowledge, agree and consent to ABC’s sharing of your use and certain other information and data with the relevant third party product, service or functionality provider.
9. Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to ABC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms.
The Site and its entire contents, features and functionality (including, without limitation, text, graphics, logos, displays, images, software, page headers, button icons, scripts and service names, and the design, selection and arrangement of the foregoing) (collectively, “Content”), is the property of ABC or its licensors or suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. We also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content (“Collective Work”). You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any Content and will not make any changes thereto. Viewing, reading, printing, downloading or otherwise using the Content or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content (including any software) or the Collective Work.
Viewing, reading, printing, downloading or otherwise using the Content or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content (including any software) or the Collective Work. We do not grant you any licenses, express or implied, to the intellectual property of ABC or our licensors except as expressly stated in these Terms.
You may not use our or any third party proprietary marks available on the Site (“Proprietary Marks”) without our prior express written permission, which permission may be withheld in our sole discretion. We make no proprietary claim to any third-party names, trademarks or service marks appearing on or within the Site. Any third-party names, trademarks and service marks are property of their respective owners.
You are solely responsible for any damages resulting from your infringement of our or any third-party’s intellectual property rights regarding Proprietary Marks, Content (including any software), the Collective Work or any other harm incurred by us as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using Proprietary Marks, Content (including any software) or the Collective Work for purposes that are contrary to the terms and conditions of these Terms.
10. International Users
The Site is controlled, operated and administered by ABC from our offices within the USA. We make no representations that the Site (or the products and services described on the Site) are permissible, appropriate or available for use in other jurisdictions. If you access the Site from a location outside the USA, then you do so by your own volition and you are solely responsible for compliance with all local laws. You agree that you will not use the Site or any Content in any manner prohibited by any applicable laws, restrictions or regulations.
You covenant and agree to indemnify, defend and hold harmless ABC, its officers, directors, employees, agents and third parties, for any and all losses, costs, liabilities and expenses (including attorneys' fees) relating to or arising out of: (a) your use of or inability to use the Site or the services offered via the Site (including under your account or password, whether authorized or unauthorized), (b) your violation of these Terms, (c) your violation of any rights of a third party, or of any applicable laws, rules or regulations, (d) your failure to provide accurate, complete and current information requested or required by us, or (e) any personal injury, property damage or emotional distress caused by you. ABC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ABC in asserting any available defenses.
12. Disclaimer of Warranties and Limitation on Liability
Disclaimer of Warranties. YOU AGREE THAT YOUR USE OF THE SITE, THE CONTENT AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES DESCRIBED ON OR MADE AVAILABLE THROUGH THE SITE IS AT YOUR SOLE RISK. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE SITE, THE CONTENT AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES. THE SITE, THE CONTENT AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR ASSOCIATED WITH THE SITE ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS.
WE AND OUR SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE, THE CONTENT OR THE INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR ASSOCIATED WITH THE SITE, INCLUDING THEIR SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, COMPLETENESS ACCURACY, SAFETY, RELIABILITY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SITE, THE CONTENT OR ANY OTHER INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR ASSOCIATED WITH THE SITE, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Without limiting the generality of the foregoing, you acknowledge that we cannot guarantee the continuous operation of or access to the Site, the Content or the products or services advertised on the Site. You further acknowledge that operation of and access to the Site may be interfered with as a result of technical issues or numerous factors outside of our control. We make no representation, warranty, or guarantee that the Site or the Content is free of infection from any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer, device, data, programs or other equipment or material due to your use of the Site or items obtained through the Site or to your downloading of any material posted on the Site or any links to the Site.
Limitation on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY (INCLUDING YOUR CUSTOMERS) FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR THE CONTENT OR ANY OTHER INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR ANY OF OUR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY PROVISION OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
13. Legal Disputes
You and we agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of these Terms or your use of or access of the Site (including any Content or other materials, products or services or information accessed as a result of the Site) will be resolved in accordance with the provisions set forth in this “Legal Disputes” section. Please read this “Legal Disputes” section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
Applicable Law. These Terms are governed by and construed in accordance with the internal laws of the State of Florida, without regard to conflicts of law principles. You agree that the Site will be deemed: (i) based solely in the State of Florida; and (ii) a passive service that does not give rise to personal jurisdiction over us and our assigns, either specific or general, in jurisdictions other than the State of Florida.
Agreement to Arbitrate. Any civil action, claim, dispute or proceeding arising out of or relating to this or any previous version of these Terms, your use of or access to the Site or Content or other materials, products or services or information accessed as a result of the Site (except for an injunctive action regarding a breach or threatened breach of any provision of these Terms by you as provided below) will be resolved exclusively through final and binding arbitration, before a single arbitrator, rather than in court.
Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. You and we agree that the arbitrator will apply the terms of these Terms as a court would.
The arbitrator, and not any federal, state or local court or agency, will have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, and to arbitrate any part of these Terms, including any claim that all or any part of the this section or these Terms is void or voidable, or that any claim or dispute is not subject to arbitration under these Terms.
The arbitration will be conducted by the American Arbitration Association (the “AAA”) exclusively in Palm Beach County, Florida, under the AAA’s rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this section. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org.
You and we will select the arbitrator, and if you and we are unable to reach agreement on selection of the arbitrator within 30 days after the notice of arbitration is served, then the AAA will select the arbitrator. Arbitration will not commence until the party requesting arbitration has deposited U.S. $1,000 with the arbitrator for the arbitrator’s fees and costs. The party requesting arbitration will advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.
The arbitrator will decide the substance of all claims exclusively in accordance with the laws of the State of Florida, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. Judgment on any award rendered by the arbitrator is final, binding and conclusive on you and us and your and our respective administrators, executors, legal representatives, successors and assigns, and may only be entered in the state or federal courts of record for Palm Beach County, Florida.
Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
THEREFORE, YOU DO NOT HAVE THE OPPORTUNITY TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. BY USING THE SITE, YOU CONSENT TO THESE RESTRICTIONS.
Judicial Forum for Legal Disputes. Unless you and we agree otherwise in writing, in the event that any provision of this section is found not to apply to you or to a particular claim or dispute as a result of a decision by the arbitrator or a court order, any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in Palm Beach County, Florida. You and we will submit to the personal jurisdiction of the courts located within Palm Beach County, Florida for the purpose of litigating all such claims or disputes.
14. Our Remedies
You acknowledge that we may be irreparably damaged if these Terms are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, we will be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, or to a decree for specific performance of the provisions of these Terms. You agree that (notwithstanding Section 13 above) we may bring any action or proceeding with regard to such injunction restraining such breach or threatened breach in the courts of record of Palm Beach County, Florida, or the United States District Court, Southern District of Florida, West Palm Beach Division. You consent to personal jurisdiction over you by such court and to the exclusive jurisdiction of such court, and waive any objection to the laying of venue of any such action or proceeding in such court. We may affect service of any court paper on you by mail or in such other manner as may be provided under applicable laws, regulations, rules of procedure or local rules.
15. Changes to Terms
ABC reserves the right, in its sole discretion, to update, amend or otherwise change these Terms at any time, in our sole discretion and without notice. Amendments will take effect immediately upon us posting such updates on the Site, and the most current version of the Terms will supersede all previous versions. ABC encourages you to periodically review the Terms to stay informed of our updates. If you do not agree to any change to these Terms, you must discontinue using the Site.
If any provision of these Terms is contrary to, prohibited by or deemed invalid under applicable law, such provision will be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder of these Terms will not be invalidated thereby and will be given full force and effect so far as possible. If any provision of these Terms may be construed in two or more ways, one of which would render the provision invalid or otherwise voidable or unenforceable and another of which would render the provision valid and enforceable, such provision will have the meaning that renders it valid and enforceable.
For purposes of these Terms, the words “include,” “includes” and “including” are deemed to be followed by the words “without limitation”; and the word “or” is not exclusive. The headings contained in these Terms are for convenience of reference only, are not to be considered a part of these Terms, and will not limit or otherwise affect in any way the meaning or interpretation of these Terms.
All covenants, agreements, representations and warranties made in these Terms, as may be amended by us, from time to time, will survive your acceptance of these Terms and the termination of these Terms.
No failure to exercise, and no delay in exercising, any right or any power set forth in these Terms by us will operate as a waiver of such right or power, nor will any single or partial exercise of any right or power under these Terms by us preclude further exercise of that or any other right or power under these Terms.
These Terms replace all previous notices or statements with respect to this subject, and cannot be modified orally or in writing by any of our associates, representatives or any other third parties.
We may give, assign or transfer our rights or obligations under these Terms to any person or entity at any time with or without your consent. You may not give, assign or transfer your rights or obligations under these Terms to any person or entity without our prior written consent, which may be withheld in our sole discretion. Any attempt to assign your rights or obligations under these Terms without our consent will be void and of no force and effect.
We will not be liable for any changes, delays, failures or problems out of our control, including, without limitation, any changes, delays, failures or problems caused by natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, shortage of transportation facilities, fuel, energy, labor or materials and other similar events.
You and we are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
ABC welcomes your questions or comments regarding the Terms:
ABC Global Services
6001 Broken Sound Pkwy NW, Suite 340
Boca Raton, Florida 33487
1-561-300-6645 Direct Dial