Terms and Conditions of Use
WSV, LLC (“WSV” also the “Company”) hereby provides the following for all online visitors. Please read these Terms and Conditions for Use, Sale, and Ownership (collectively with WSV’s Privacy Policy and Cookie Policy (collectively the "Terms of Use") fully and carefully before using www.wsvtampa.com (the "Site") and the services, features, content or any Applications (as defined in Section 14 below and collectively the “Services”) offered by WSV, or any of its parent company(s), subsidiaries, or affiliate entities (the “WSV Group Companies”), (also “we,” “us,” or “our”) (together with the Site, collectively the foregoing are the “Services”) and You, as the User (“you”, “your”, User”) agree to abide by these Terms of Use. These Terms of Use set forth the legally binding terms and conditions for your use of the Site and Services.
This Site and any of its related Services and links do not constitute mandatory obligations of Users to purchase any products or to utilize any Services. All such conduct, decisions, and purchases and sales of Services on the Site are at the sole discretion, intent, consent of the User(s). By providing a forum for such transactions on this Site, it does not constitute a representation or warranty by WSV in any way as to the value, condition, privacy, or other aspect of results related to any Services sold hereunder, whether or not such information is material or not to any sale transaction.
Furthermore, in addition, when visiting or using the WSV Site, you shall be subject to any posted agreements, policies, guidelines, rules, terns, and conditions. All such agreements, policies, guidelines, rules, or terms and conditions may be amended by WSV from time to time in its sole discretion, are hereby incorporated by reference into these Terms of Use. It is your responsibility as the User to review these Terms of Use periodically, and if you do not have authority to agree or accept these Terms, or if at any time you find these Terms unacceptable, you may not use the Site and Services and you must immediately leave and cease all use of the Site and Services.
Acceptance of Terms of Use
BINDING TERMS. BY REGISTERING FOR AND/OR USING THE SITE AND SERVICES IN ANY MANNER, INCLUDING, BUT NOT LIMITED TO, VISITING OR BROWSING THE SITE AND/OR ITS APPLICATIONS, REGISTERING TO RECEIVE AND PAYING FOR SERVICES, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL OTHER TERMS AND CONDITIONS, OPERATING RULES, POLICIES, AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME THROUGH THE SERVICES BY WSV OR OTHERWISE PROVIDED TO YOU IN CONNECTION WITH THE SERVICES, EACH OF WHICH IS INCORPORATED BY REFERENCE INTO THESE TERMS OF USE. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO DO SO. ADDITIONALLY, THESE TERMS OF USE ADOPT AND INCORPORATE BY REFERENCE AND SUPPLEMENT THE PRIVACY POLICY LOCATED AT wsvtampa.com/privacy-policy (“PRIVACY POLICY”), AND ANY AGREEMENTS ENTERED INTO WITH WSV AND ANY USER AND THEIR PASSENGERS, RIDERS, OR GUESTS, WHICH, SUCH AGREEMENTS INCLUDE BUT ARE NOT LIMITED TO THE PASSENGER AGREEMENT TO RETAIN THE SERVICES OF COMPANY (“PASSENGER AGREEMENT”), AND ANY LIABILITY WAIVER AND RELEASE OF CLAIMS – ALL OF WHICH ARE GOVERED BY THESE TERMS OF USE .
Applicability. These Terms of Use apply to all users of the Site and Services. This Site may contain links to third party sites. Access to any other Internet site linked to this Site is at the User's own risk. WSV is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites, which includes but is not limited to any disclosures made or safety measures in place with privacy and data protection. WSV is merely providing You as the User, a limited revocable license to use this Site and Services and provides this Site and any third party links merely as a convenience and the inclusion of such links do not imply an endorsement of the same by WSV
Eligibility
Eligibility Requirements. You represent and warrant that you are at least eighteen (18) years of age and that you have the right, authority, and capacity to enter into, perform your obligations under, and abide by these Terms of Use. If you are under the age of eighteen (18), you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules, and regulations applicable to you. The right to access the Services is revoked where use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule, or regulation. Further, unless otherwise mutually agreed in writing, the Services are offered only for your use and not for the use or benefit of any third party; and in any event, each person receiving the benefit of the Services must agree to and abide by these Terms of Use and execute the requisite liability waiver and release agreements as a condition to our obligations.
Minors
Except as described herein, where a Minor Passenger is accompanied by a Passenger above the age of 18, the Services are not available for use by persons under the age of 18 (“Minor Passenger”). You may not authorize third parties to use your User Account, and you may not allow persons under the age of 18 to use your User Account or the Services unless they are accompanied by a Passenger that is the age of 18 or older. However, we may offer parents and guardians the ability to allow Minor Passengers to access the Services by the Passenger using its User Account for their children as Minor Passengers. If you are a parent or legal guardian, and you allow your child to use the Services, then these Terms of Use and all Passenger Agreements and liability waiver and release agreements apply to you and you are responsible for your Minor Passenger’s activity as a minor child for the Services. If you are under the age to obtain a User Account, you must have your parent or legal guardian’s permission to use their User Account and the parent guardian must accept any additional terms required in connection with such access and use of the Site and Services as a minor. Anyone under the age of 18 is required to have their parent or legal guardian read these additional terms to the minor.
Non-U.S. Users. The Services are controlled and offered by us from our facilities in the United States of America. We make no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law. By providing information in connection with the Services, you consent to the transfer of your information to, and storage of your information in, the United States, the laws of which may not be as stringent as the laws of the country in which you reside.
Permitted Uses; Act Accordingly. You understand and agree that you need to exercise good judgment and common sense; conduct yourself on this Site with all necessary, appropriate, and prudent action. By using this Site and the Services, you agree to be subject to all applicable local, state, local, provincial, territorial, federal, and international laws. You agree not to use the Site and Services or any of the contents contained herein for any illegal purpose nor to transmit to or through the Site and Services any material that is illegal, harmful, threatening, defamatory, obscene, hateful, or otherwise objectionable, or to interfere with, abuse, or otherwise violate the legal rights of any third party using the Site and Services (including any such conduct related to WSV’s offerings on or in connection with the Site and Services.
Except as expressly provided in these Terms of Use, no part of the Site and Services and no content may be used, copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way, including mirroring, to any other personal device, computer, server, web site or other medium for publication or distribution or for any commercial enterprise without WSV's express prior written consent. You may use information on WSV's products and Services that are publicly and purposely made available by WSV for downloading from the Site, provided that you: (i) do not remove any proprietary notice language in all copies of such documents; (ii) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (iii) make no modifications to any such information, and (iv) do not make any additional representations or warranties relating to such information.
Viruses, Hacking, and other Offenses
You must not misuse the Site and Services by knowingly introducing viruses, Trojans, worms, logic bombs, or other material which is malicious or harmful to technology. You must not attempt to gain unauthorized access to the Site and Services, the server on which the Site and Services are stored, or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you may commit a criminal offense. WSV will report any such breach to the relevant law enforcement authorities and will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site and Services will cease immediately. WSV will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or your downloading any material posted on the Site or any third-party website linked to the Site.
Registration
Account. To utilize certain Services, you will be required to register for an account (a “User Account” and also an “Account”) on the site. The platform Squarespace contains a subscription portal utilized by WSV that hosts the Site where Users can register for a User Account. You must provide accurate and complete information and keep your User Account information updated. You shall not select or use as a username or name (i) of another person with the intent to impersonate that person; (ii) subject to any rights of a person other than you without appropriate authorization; or (iii) that is otherwise offensive, vulgar, or obscene. You are solely responsible for the activity that occurs on your Account and for keeping your Account password secure. You may never use another person’s User Account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services, any breach of security, or any unauthorized use of your User Account. You should never publish, distribute or post login information for your User Account. You shall have the ability to delete your User Account either directly or through a request made to us. All additional protections associated with establishing a User Account are set forth in WSV’s Privacy Policy, which is located on the Site at wsvtampa.com/privacy-policy. You cannot use, create, or establish a User Account if you are under the age of 18, and this includes using a third-party person’s User Account.
Availability of Site. We do not guarantee that any content will be made available through the Site. We reserve the right, but not the obligation, to (i) remove, edit, or modify any content in our sole discretion, at any time, without notice to you, and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if we are concerned that you may have violated these Terms of Use), or for no reason at all, and (ii) remove or block any User or any content from the Site. WSV reserves the right to change these Terms of Use from time to time. WSV notifies you of changes to these Terms of Use by updating them on this Site and WSV may apply information as timely as possible setting forth the date on which the update was made directly on the Site. WSV encourages you to retain a copy of these Terms of Use and periodically to check this Site for updates. Your use of this Site indicates your acceptance of the latest version of these Terms of Use. No waiver of any provision in these Terms of Use shall be effective unless made in writing signed by WSV and shall not prevent any subsequent enforcement of these Terms of Use.
Rules of Conduct
No Prohibited Use. As a condition of use, you shall not use the Services for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Services.
Our Additional Rights. We also reserve the right, without any obligation, to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms of Use, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; (v) fulfill any requests for services or otherwise submitted into the Site; or (vi) protect the rights, property or safety of us, our users, and the public. You acknowledge and agree that we may, but have no obligation to, conduct background checks, reference checks, and credit checks on any users of the Site and Services that contract with, inquire within, or that establish User Accounts with WSV to engage in any transaction with WSV.
Contributed User Content. From time to time, WSV may provide interactive Services on the Site, including but not limited to chat rooms, bulletin boards, blogs and forums. WSV disclaims any obligation to oversee, monitor or moderate any interactive services provided on the Site, and in no event shall WSV be liable for any loss or damage arising from the use of any interactive service by a user in contravention with WSV’s content standards. If you post any content to the Site, you hereby grant WSV and its subsidiaries, affiliates, and licensees a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute such content and incorporate it in other works, in whole or in part, in any manner and any media now known or hereafter developed. You also grant WSV the right to use any photographs taken in the ordinary course of its Business in which You appear and by accepting these Terms of Use, Users agree to be photographed by WSV and its employees, agents, and contractors without any compensation or reward. You grant WSV and its subsidiaries, affiliates, and licensees the right to use the name, image, and likeness that you submit in connection with such content or photographs taken. You represent and warrant that you own such content or otherwise have sufficient rights in the content to grant the foregoing license without infringing or violating the rights of any third party; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify and hold harmless WSV for all claims resulting from the content you supply. WSV has the right but not the obligation to monitor and edit or remove any activity or content related to the Site and Services. WSV takes no responsibility and assumes no liability for any content posted by you or any third party on its Site if such content is posted.
The following standards apply to any and all material, which you contribute to the Site ("Contributions") and to any associated interactive services:
Contributions must:
Be accurate (when they state facts);
Be genuinely held (when they state opinions); and
Comply with applicable laws in the United States of America and in any country from which they are posted.
Whether publicly posted or privately transmitted, it is the sole responsibility of the person who originated such Contributions as content to be liable for such Contributions.
• The following standards apply to any and all Contributions to the Site if at any time WSV’s Site allows for such posting and Contributions from Users. Without limiting the foregoing, you must not post content that: infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity or violates any law or contractual duty - you know is false, misleading, untruthful, or inaccurate; is unlawful, threatening, discriminatory, hateful, abusive, harassing, defamatory, libelous, deceptive, fraudulent, abuse or invade another person's privacy or cause annoyance, inconvenience or needless anxiety, tortious, obscene, vulgar, pornographic, offensive, or profane; contains or depicts nudity or sexual activity; promotes bigotry, racism, hatred, or harm against any individual or group; or is otherwise inappropriate as determined by us in our sole discretion; - constitutes unauthorized or unsolicited advertising, junk, or bulk e-mail (“spamming”); - contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment, or to damage or obtain unauthorized access to any system, data, password, or other information of ours or of any third party; - impersonates, bullies, stalks, or intimidates any person or entity, including any of our employees or representatives, or falsifies or misrepresents yourself or your personal information; or - includes any confidential information, violates the rights (including, without limitation, the rights of publicity and privacy and rights under a contract) of others, or otherwise contains any material that could give rise to any civil or criminal liability under applicable laws or regulations, or that otherwise may be in conflict with these Terms of Use. Any Contributions from a User of content posted on the Site can be stored and retained by WSV by virtue of it being uploaded onto the Site and also maintains its storage and right to use for usage data and other anonyymized and aggregated data purposes. You acknowledge that all User Content and Contributions, uploaded and produced, or accessed by you using the Site and Services is at your own risk and that you will be solely responsible for any damage or loss to you or any other party resulting therefrom. If at any time WSV comes to the understanding that You as a User: (i) misled WSV or another User regarding any fact (material or non-material) regarding the Site, or (ii) are acting in a non-cordial manner with another User, WSV reserves the right to terminate a User’s access. We do not assume any responsibility or liability or make any warranties or guarantees that any content you access on or through the Site and Services in any country that information is access or viewed in translation format.
WSV will determine, in its sole discretion, whether there has been a breach of these content standards through your use of the Site. When WSV determines that a breach has occurred, WSV may take such action as it deems appropriate, including but not limited to one or more of the following:
Immediate, temporary or permanent withdrawal of your right to use the Site;
Immediate, temporary or permanent removal of any Contribution by you;
Legal proceedings against you for reimbursement of all costs (including but not limited to administrative and legal costs) incurred by WSV resulting from the breach; and
Disclosure of such information to law enforcement authorities as WSV deems reasonably necessary.
In no event shall WSV be liable for any actions taken in response to any breach of these content standards.
Content and Trademarks. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such content, contained on the Site (collectively, "Content") is owned, controlled or licensed by or to the Company and is protected by trade dress, copyright, patent and trademark laws and various other intellectual property rights and unfair competition laws. Such Content is the lawful ownership of WSV.
Certain trademarks, trade names, service marks and logos used or displayed on the Site are registered and unregistered trademarks, trade names and service marks of WSV and its affiliates, and other trademarks, trade names and service marks used or displayed on the Site are the registered and unregistered trademarks, trade names and service marks of their respective owners (collectively, "Trademarks"). Nothing in these Terms of Use or otherwise provided on the Site grants or should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Trademarks without express prior written consent of WSV or such other owner. Neither WSV's name nor any of the Trademarks may be used in any way, including but not limited to any advertising or publicity regarding distribution of materials on the Site, without WSV's prior written consent. Without limiting the generality of the foregoing, WSV prohibits the use of its name or any Trademarks as a link to any website unless such link is approved in advance by WSV in writing. The names, logos, product and service names, designs, slogans, and other Trademarks associated with the Site and Services are ours and those of our licensors. You must not use any of the foregoing without our prior written permission. All other names, logos, product and service names, designs, slogans, and other trademarks used in connection with the Site and Services are the trademarks of their respective owners.
WSV BUSINESS (SERVICES)
Advertising. The Site and Services may be supported by advertising revenue, and you hereby agree that we may display advertising, promotions, sponsored listings, and the like in connection with the Site and Services on, around, and in connection with the User experience.
Services. WSV strive to offer some of the best available vehicle transportation services to individuals through the use of WSV’s independently contracted operators operating the vehicle assets and transportation plans for passengers requesting these services through the online booking and mobile applications and through the SIte (hereinafter collectively the “Services”). The Site and Services are prepared to be as accurate as possible; however, WSV does not represent or warrant that product descriptions, Service offerings, availability of Vehicles, Routes, or other content on the Site and Service are accurate, complete, reliable, current, or error-free. For example, certain types of Vehicles iincluded on the Site may be unavailable, may have different attributes than those listed, or may actually carry a different price or size than that stated on the Services that are available. Prices, Vehicle availability, and terms of purchase of any transaction for the purchase or sale of Services to any paying passengers that execute a Passenger Agreement (“Passengers”) and any guest riders joining the Passenger (“Riders”) shown on the Site are subject to change, whether prior to sale or other affiliated options. Prices shown generally refer to the Services or engagements and do not necessarily include any taxes, shipping fees, or any other collateral charges to that transaction, which may be separately applied. Pre-arranged or reservations for Vehicles may take precedence over other Vehicle availability that can alter other orders for Services. Photos and/or drawings of receipts, reservation confirmations, or tickets or engagements may show Vehicles or tickets or engagements descriptions and/or recent pricing, or may not represent the most recent photographs and/or pricing of Vehicles. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, text message, or mobile application receipt showing an order confirmation, it does not constitute our acceptance of an order or our confirmation of an offer for the Services. A Passenger Agreement must be executed along with any additional liability waiver and release agreements, coupled with the acknowledgement and acceptance of these Terms of Use and our Privacy Policy. We reserve the right, without prior notice, to limit the order quantity on any Vehicle(s) or Service and/or to refuse Service to any customer. We also may require verification of information and down payments or deposits to reserve Vehicles and dates prior to the acceptance of any order. Despite our best efforts, a small number of the Vehicles, Routes, and availability of the same on our Site may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before booking or cancel your order and notify you of such cancellation. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any reservations and orders purchased from the Site for Services. By placing an order, you represent that the Services ordered will be used only in a lawful manner and the purposes intended in the industry.
User Conduct and Requirements
In addition to complying with these Terms, you agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no request for the purpose or intent of transport of unlawful or hazardous materials). You may not access or use the Services to cause nuisance, annoyance, inconvenience, damage, or loss to WSV or any other party.
If you request a ride option with a child restraint system, neither WSV or any Driver or contractor driving for WSV is responsible for the safety of a child restraint system that may be available in that Vehicle. It is your obligation to ensure that the child restraint system is installed correctly, and that the child is properly secured in the child restraint system. Please refer to your state’s laws regarding specific height, age, and weight requirements for using child restraint systems, as well as this WSV policy for child restraint systems. If you request a ride option where a third-party contractor is a Driver on behalf of Company and agrees to provide you with assistance outside of the Vehicle, WSV is not responsible for any conduct of that third-party, any injury, or any incident that may arise out of the assistance provided by that third-party. In certain instances, you may be asked to provide proof of age, identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of age, identity, or other method of identity verification.
Subject to the discretion of a Driver, you may be allowed to bring a small animal, such as a dog or cat, on a ride requested through the Services. For such trips, you are responsible for properly securing the animal with a leash, harness, crate / carrier, or through other means. You are also responsible for ensuring that the animal does not cause damage or a mess in the Vehicle. You agree that you may be subject to and may be charged for (in WSV’s discretion) repair, cleaning, or any damage or mess caused by an animal that is transported during a ride requested under your User Account. Please note, service animals are generally permitted to accompany Passengers and Riders without extra charge, regardless of whether it is a Pet Friendly Trip; provided, however, the proper legally required paperwork expressing the animal is a service animal required for travel must be provided or else Driver can decline the trip without refund to you.
For the purpose of assisting us with our compliance and insurance obligations, you agree to notify us within 24 hours and provide us with all reasonable information relating to any incident or accident that occurs during your use of the Services and you agree to cooperate with any investigation and attempted resolution of such incident.
Communications with WSV
By creating a User Account, you electronically agree to accept and receive communications from WSV, third-party providers or third parties providing services as independent contractors, by methods including via email, text message, WhatsApp, calls, in-app communications, and push notifications to the telephone number(s) or email addresses you provided to WSV. You may also receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of WSV, and/or third-party providers, including but not limited to communications concerning requests placed through your User Account on the Services. Message and data rates may apply. You can learn more about how WSV may contact you by reading our Privacy Policy at wsvtampa.com/privacy-policy.
If you do not wish to receive promotional emails, text messages, or other communications from WSV, you may change your notification preferences by accessing Settings in your User Account. To opt out of receiving text messages from WSV, you must reply “STOP” from the mobile device receiving the messages. For purposes of clarity, text messages between you and third-party providers and contractors are transactional text messages, not promotional text messages. You acknowledge that opting out of receiving all communications may impact your use of the Services. Notwithstanding the foregoing, if we suspect fraud or unlawful activity on your User Account, WSV may contact you using any of the contact information you provided in connection with your User Account (including via text or voice-recorded message – as applicable).
Use of Accounts Owned by Others
In the event you use any of the Site or Services that enables use of or billing to another person or business, certain information will be shared with that party. This may include information regarding the time and date of services you request, the transportation, logistics and/or delivery requested, and the associated charges for such services. If used to request transportation, we may also share information with such person or business regarding safety-related incidents that occur in connection with such transportation. You acknowledge that such data sharing is a condition of use of any of the WSV Site and Services.
Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Site and Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Site and Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Site and Services and any updates thereto. WSV does not guarantee that the Site and Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Site and Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. WSV is not responsible for any delays, delivery failures, or damage, loss or injury resulting from such problems.
Payment Terms; Reservations; Orders
All orders placed through the Site and Services are subject to WSV’s acceptance. Terms of payment are within WSV’s sole discretion, and unless otherwise agreed to by WSV, WSV must receive payment prior to WSV’s acceptance of an order. Payment for transportation orders will be accepted via certain payment methods accepted by our third-party payment processing service Quickbooks, which is also set forth in our Privacy Policy. You are subject to the terms and conditions and privacy policy of Quickbooks when Quickbooks is processing your personally identifiable information and payment information. Your order is subject to cancellation by WSV at WSV’s sole discretion. All amounts due are payable in U.S. dollars ($). Any amount not paid when due will be subject to a finance charge of one and three percent (3%) per month, or the maximum amount allowed by law if lower, for the unpaid balance due. You shall be responsible for any expenses and/or fees (including but not limited to attorneys’ fees), incurred by WSV in collecting past due amounts from you. Unless otherwise stated in this Agreement, the price payable for Services is exclusive of value added tax (“VAT”) or other sales tax; and inclusive of all charges carriage, insurance, and gasoline taxes (including all other connected travel expenses), duties, licenses, permits, taxes (other than VAT) as may be payable for the Services from time to time.
Prices & Charges
Your use of the Services may result in charges to you for the services you receive from WSV and/or from third-party Drivers, contractors, or providers. Prices displayed to you when purchasing the Services may be inclusive of all prices charged by the third-party Drivers, contractors, or providers and fees paid to WSV. WSV will enable your payment of the applicable charges for Services obtained through your use of the Site and Services. Charges will include applicable taxes where required by law. Charges may include other applicable fees such as service fees, cleaning fees, cancellation fees, government-mandated fees, estimated or actual highway or bridge tolls, and/or surcharges. Further, charges applicable in certain geographical areas may increase substantially during times of high demand or due to other marketplace factors such as gasoline, etc.
With respect to any Driver, regardless if a third-party or other contractor, charges you incur will be owed directly to WSV, not to that Driver. All Drivers do not collect any fees for the Services. WSV will collect payment of those charges from you, on that Driver’s behalf as their limited payment collection agent, and payment of the charges shall be considered the same as payment made directly by you to that third-party Driver. Payment to any such third-party Drivers for Services shall be considered to occur at the moment you submit payment through WSV; except, however, any tip or gratuities to Drivers that you choose to do on your own accord can be paid directly to the Driver, or through the payment link offered by WSV when paying for the Services.
There also may be certain charges you incur that will be owed and paid directly to WSV or its affiliates. For the avoidance of doubt, WSV does not charge a fee for you to access the WSV Site, but may charge you a fee or any other charge for accessing the Services. Even if not indicated in the Site (including any available mobile or online application), the prices for Services displayed through the Site and Services may differ from previous days or times that you may have checked the Site; nevertheless, Drivers can add fees for extended time requests made that are outside the originally requested Route for the same Services, including as may be offered or published at a physical location operated by that Driver, and/or from prices available from any other third-party websites/mobile applications. Pricing on the Site shall control in the event of any dispute on pricing as displayed through the Site and Services or fees charged by and paid to WSV may vary based on whether you choose to proceed with your Route or not, but except in the event of any change to the Route while Services are being delivered.
All Charges and payments will be enabled by WSV’s third-party payment processor Quickbooks, after which upon completing payments, you will receive a receipt directly from Quickbooks to the email you registered with. Any declined payments will result automatically cancelling the reservation, and you will be required to go through the process of re-booking your Services.
As between you and WSV, WSV reserves the right to establish or adjust Charges for any or all services or goods obtained through the use of the Services at any time. WSV will use reasonable efforts, but is not required to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof.
Cancellations
WSV does not offer any refunds of fees paid for Services. WSV will offer credits which can be redeemed by you for use at future dates in which WSV will provide you with three (3) opportunities to book and utilize those credits. If all of those 3 opportunities are not utilized after booking them, those credits expire and are no longer redeemable and are without refund. Credits utilized in any calendar year do not rollover to the next year – all credits must be used in the year in which they are issued by WSV.
Refunds
Charges paid by you are final and non-refundable. If you have any requests for cancellations, they are subject to the Cancellations provision set forth above. Any issue with payment and processing is not the responsibility of WSV; thus, you are directed to reach out to Quickbooks to resolve any such payment issues. WSV does not receive or process any payments.
Promotional Offers
Certain users may, from time to time, receive promotional offers and discounts that result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. Promotional offers and discounts are subject to change or withdrawal at any time and without notice.
Gratuity
WSV does not designate any portion of your payment as a tip or gratuity to a Driver. You understand and agree that, while you are free to provide additional payment as a gratuity to any Driver who provides you with services or goods obtained through the Service, you are under no obligation to do so.
Damage, Cleaning, Lost and Found, and Charges for Violation of Terms
WSV may charge you a fee on behalf of Driver or any Third-Party Providers if, during your use of the Services, you have caused damage to a vehicle or property that requires repair or cleaning (“Repair” or “Cleaning”). The amount of such fee shall be determined, in WSV’s sole discretion, based on the type of damage and the severity. WSV reserves the right to verify or otherwise require documentation of damages prior to processing a fee. In the event that a Repair or Cleaning request is verified by WSV in WSV’s reasonable discretion, WSV will send you an invoice to facilitate payment for the reasonable cost of such Repair or Cleaning. Such amounts, as well as those pertaining to lost and found goods, will be transferred by WSV to a Third-Party Provider, if applicable, and are non-refundable. Additionally, if you fail to comply with these Terms, you may be responsible for Charges, including without limitation, for transactions that could not be completed properly, legal fees and costs for failing to make payments for damage, Repair or Cleaning, or arising out of or in connection with your failure to comply with these Terms. Any failure to pay invoices for Repair or Cleaning will result in WSV filing a lawsuit and taking appropriate legal action against you, which include prosecuting to the fullest extent of the law.
Placing Orders and Reservations
All orders and reservations for Vehicles and Routes are made through the Site, emailing at the link set forth on the site located here: wsvtampa.com/contact. WSV will respond as promptly as possible, and will try its best to respond in no later than 48 hours. Response times are not guaranteed. There is no guarantee of inventory or specific fleet vehicles, and availability of dates for reservations are not guaranteed. Certain fleet Vehicles may only have a limited capacity, so your party may not fit fully in one vehicle. You understand and agree WSV reserves the right to limit capacity in any vehicle in accordance with proper health and safety regulations under the law and in its own discretion. If you want a certain number of Passengers exceeding the passenger capacity of a Vehicle, you will need to reserve additional Vehicles from the fleet. No reservations can be made in advance more than ninety (90) days into the future; thus, any reservation requested past 90 days from the date of the request is made will not be honored. Once a request for a reservation is sent through the Site, an email will be sent back to you containing the next steps in the process to finalize your reservation, which may include but not be limited to providing your name, address, phone number, email address, number of passengers, requested Vehicle, desire Route and destination.
Health Issues and Related Information. You are obligated to inform WSV if you have any ailments, health problems, or other medicinal needs if you are using the Services and your health is at risk by utilizing the Services. You should consult your physician and health care servicer about whether or not your health is at risk by utilizing in the Services. You have a duty to inform WSV if such problems exist with your health; otherwise, WSV will not know what those health risks are. WSV may require written confirmation from your doctor or other healthcare professional to evaluate carefully whether or not can use the Services. WSV is not a medical professional and does not make that call. WSV reserves the right to refuse Services to anyone that cannot produce the appropriate medical clearance to use the Services upon such disclosure. You should not use the Services if you feel you may have health trouble, or elevated health issues will occur from using the Services. Seek your own independent advice from your healthcare professional or doctor including but not limited to information that may be provided by healthcare or nutrition professionals, for diagnosing or treating a health condition.
PRIVACY
Your use of the Site and any information provided by you or gathered by WSV or third parties during any visit to or use of the Site is not governed by these Terms of Use, but instead by WSV's Privacy Policy found here wsvtampa.com/privacy-policy which is incorporated herein to these Terms of Use by this reference. You agree to WSV's collection, use and sharing of your information as set forth in the Privacy Policy. By using the Site and Services, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information that you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, address information, credit card information, etc.) is encrypted. No warranties of any kind are provided by WSV to guarantee any safe transmission of any data or information.
Links to the Site. WSV prohibits the creation or maintenance of any link from another website to the Site or any portion thereof without WSV’s prior written consent. Similarly, WSV prohibits the running or displaying of this Site or any Contributions or content in frames or through similar means on another website without WSV’s prior written permission. Any permitted links to the Site must comply with all applicable laws, rules and regulations
Links to Other Sites. WSV prohibits the creation or maintenance of any link from another website to the Site or any portion thereof without WSV's prior written consent. Similarly, WSV prohibits the running or displaying of this Site or any Contributions or content in frames or through similar means on another website without WSV's prior written permission. Any permitted links to the Site must comply with all applicable laws, rules and regulations. If you access a link to another site while on the WSV Site, WSV is not responsible for anything related to that site, and you are subject to that site’s terms, conditions, policies, and privacy rights.
Accounts, Passwords, and Security. Certain features or Services offered on or through the Site may require you to open a User Account (as discussed above). You are entirely responsible for maintaining the confidentiality of the information you hold for your User Account, including your password, and for any and all activity that occurs under your account. You shall notify WSV immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by WSV or any other user of or visitor to the Site due to someone else using your User Account as a result of your failing to keep your account information secure and confidential. You may not use anyone else's account at any time without the express permission and consent of the holder of that User Account. WSV cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
WARRANTIES AND LIABILITY
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND SERVICES AVAILABLE THEREIN ARE AT YOUR SOLE RISK. THE SITE AND SERVICES AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE INFORMATION, SOFTWARE, PRODUCTS, AND INFORMATION CONTAINED ON THE SITE AND THE SERVICE MAY INCLUDE INACCURACIES, ERRORS AND OMISSIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, WSV, ITS OFFICERS, EMPLOYEES, AGENTS, OWNERS, DIRECTORS, OFFICERS, PARENT(S), SUBSIDIARIES, AFFILIATES, CONTRACTORS, AND/OR LICENSORS: (A) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (B) MAKE NO WARRANTY THAT (I) THE SITE, SERVICES AND THE VEHICLES AVAILABLE WILL MEET YOUR REQUIREMENTS OR SPECIFICATIONS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) ANY VEHICLE, SERVICE, OR INFORMATION OBTAINED FROM THE SERVICES WILL BE ACCURATE, APPROPRIATE, COMPLETE, CORRECT, RELIABLE, SUFFICIENT OR TIMELY, (IV) THE QUALITY OF ANY PRODUCTS, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICES (INCLUDING VEHICLES) WILL BE FIXED; AND (C) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES (INCLUDING BUT NOT LIMITED TO VEHICLES, DRIVERS, ETC.) OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR LOSS OF CONTENT, THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. COMPANY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WSV, ITS OFFICERS, EMPLOYEES, AGENTS, OWNERS, DIRECTORS, OFFICERS, PARENT(S), SUBSIDIARIES, AFFILIATES, CONTRACTORS, AND/OR LICENSORS, SHALL NOT BE LIABLE FOR AND HEREBY EXPRESSLY DISCLAIM ANY AND ALL ACTUAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROFITS, INTERRUPTION OF BUSINESS, ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SERVICE OR OTHER WEB SITE(S) YOU MAY ACCESS THROUGH THE SERVICE (IF ANY), CONTENT, UNTIMELY DELIVERY OF SERVICES (INCLUDING BUT NOT LIMITED TO ON ROUTES FOR TRANSPORATION), LATE DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, LOSS OF GOODWILL, LOSS OF USE, LOSS OF CONTENT OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) ANY INFORMATION, VEHICLES, OR SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF OR RELATED TO THE USE OF THE SERVICES; (III) THE COST OF PROCUREMENT OF SUBSTITUTE VEHICLES AND/OR SERVICES RESULTING FROM ERROR OR INADEQUACY OF ANY VEHICLES, CONTENT, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE AND SERVICES; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; (V) STATEMENTS, CONDUCT OF ANY THIRD PARTY FOR THE SERVICES, OR ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER; (VI) PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY REGULATIONS OR CODES, OR MISAPPROPRIATION; (VII) DEATH, OR INJURY TO PERSON OR PROPERTY ARISING FROM OR RELATED TO YOUR ACCESS TO AND USE OF THE SERVICES; (VII) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (VIII) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (IX) ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER ACTUALLY OR POTENTIALLY HARMFUL CODE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE AND SERVICES; (X) LACK OF OR IMPROPER INSTALLATION OR USE OF CHILD RESTRAINT SYSTEMS FOR A PASSENGER’S RIDERS OR GUESTS REQUESTED THROUGH THE SERVICES FOR WHOM A CHILD RESTRAINT SYSTEM IS LEGALLY REQUIRED; (XI) YOU SPECIFICALLY ACKNOWLEDGE THAT WSV SHALL NOT BE LIABLE FOR (i) ANY CONTRIBUTED USER CONTENT, OR (ii) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; (iii) ANY CONTRIBUTOR CONDUCT OF A PASSENGER, RIDER, OR OTHER GUEST; AND/OR (XII) ANY OTHER MATTER RELATING TO YOUR USE OF THE SITE AND SERVICES AND/OR THE VEHICLES; WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ALSO AGREE THAT WSV, ITS OFFICERS, EMPLOYEES, AGENTS, OWNERS, DIRECTORS, OFFICERS, PARENT(S), SUBSIDIARIES, AFFILIATES, CONTRACTORS, AND/OR LICENSORS, WILL NOT BE LIABLE FOR ANY (A) INTERRUPTION OF BUSINESS, (B) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE OR SERVICES OR OTHER SERVICE(S) YOU ACCESS THROUGH THE SITE; (C) CONTENT; (D) NON-DELIVERY, MIS-DELIVERY, UNTIMELY DELIVERY OF TRANSPORT OF PASSENGERS , RIDERS, OR OTHER ACCOMPANYING GUESTS; (D) CORRUPTION, DESTRUCTION OR OTHER MODIFICATION OF DATA; OR (E) EVENTS BEYOND COMPANY’S REASONABLE CONTROL; (F) THIRD-PARTY CLAIMS OR ACTIONS, (F) ANY CONTRIBUTORY ACTS BY YOU THAT RESULT IN ANY DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT SHALL THE LIABILITY OF WSV, ITS OFFICERS, EMPLOYEES, AGENTS, OWNERS, DIRECTORS, OFFICERS, PARENT(S), SUBSIDIARIES, AFFILIATES, CONTRACTORS, AND/OR LICENSORS, IF ANY, TO YOU OR TO ANY THIRD PARTY EXCEED FIFTY DOLLARS ($50.00). YOU SHALL NOT BE ENTITLED UNDER LOCAL LAW OR OTHERWISE TO RECEIVE ANY PAYMENT FROM COMPANY, ITS OFFICERS, EMPLOYEES, AGENTS AND LICENSORS, WHETHER FOR ACTUAL, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, COSTS OR EXPENSES AS A RESULT OF EXPIRATION OR TERMINATION OF THE TERMS OR TERMINATION OF YOUR ACCESS TO THE SERVICE, ALL OF WHICH YOU EXPRESSLY WAIVE. YOU ACKNOWLEDGE THAT YOUR ACCEPTANCE OF THIS SECTION HAS MATERIALLY INDUCED WSV TO ENTER INTO THESE TERMS OF USE WITH THE USER. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, COMPANY’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU SPECIFICALLY ACKNOWLEDGE THAT WSV, ITS OFFICERS, EMPLOYEES, AGENTS, OWNERS, DIRECTORS, OFFICERS, PARENT(S), SUBSIDIARIES, AFFILIATES, CONTRACTORS, AND/OR LICENSORS, SHALL NOT BE LIABLE FOR ANY ACCIDENTS, DRIVERS UNAFFILIATED WITH COMPANY, ANY USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Indemnification. You shall defend, indemnify, and hold harmless WSV, its parent(s), subsidiaries, affiliates, and each of its and their respective employees, contractors, directors, officers, suppliers, agents, licensors, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Site, Services, property, listings, Contributions, or otherwise; (ii) violation of these Terms of Use; (iii) breach of any contract, or other agreement you enter into; (iv) your interactions or transactions with any other User; or (vi) infringement by you, or any third party using your account or identity in connection with this Site and Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
Further Releases. In addition to any liability waiver and releases You enter into with WSV, You hereby do release us from all liability for you having acquired or not acquired through the Site or Services. You hereby release WSV, and its parent(s), subsidiaries, affiliates, directors, officers, employees, agents, subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers, insurers, investors, attorneys, advisors, and suppliers from all claims, demands, and damages, bodily injuries, injuries to personal property of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to content accessed through the Site or Services, or any interactions with others arising out of or related thereto, and you expressly waive the provisions of any local law.
Termination. WSV may terminate your access to all or any part of the Site or Services at any time, with or without cause, with or without notice, and effective immediately, which may result in the forfeiture and destruction of all information associated with any account or membership you established with WSV If you wish to terminate your Account, you may do so by following the instructions on the Site and/or by contacting Support at admin@wsvtampa.com. All provisions of these Terms of Use which by their nature survive termination shall survive termination, including, without limitation, licenses of any content a User provides, ownership provisions, warranty disclaimers, indemnity and limitations of liability, and arbitration. Further, you agree that upon termination WSV may delete all files and information related to your account (if any established) and may bar your access to your account (if any) and the Site and Services. Your continued use of any of the Site and Services shall constitute your acceptance of the revised Terms of Use. If you do not agree to any of such changes, you may terminate the Terms of Use here by immediately ceasing all access and use of the Site and Services. You agree that such termination will be your exclusive remedy if you do not wish to abide by any changes to these Terms of Use.
ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
ARBITRATION AGREEMENT
By agreeing to these Terms of Use, you agree that you are required to resolve any claim that you may have against WSV on an individual basis in arbitration as set forth in this Arbitration Agreement, and not as a class, collective, coordinated, consolidated, mass and/or representative action. You and WSV are each waiving your right to a trial by jury. This Arbitration Agreement will preclude you from bringing any class, collective, coordinated, consolidated, mass and/or representative action against WSV, and also preclude you from participating in or recovering relief in any current or future class, collective, coordinated, consolidated, mass and/or representative action brought against WSV by someone else. Thus, User and WSV agree that the Arbitrator shall not conduct any form of class, collective, coordinated, consolidated, mass and/or representative arbitration, nor join, coordinate, or consolidate claims of multiple individuals against WSV in a single proceeding. For the avoidance of doubt, this Arbitration Agreement precludes you from bringing or participating in any kind of class, collective, coordinated, consolidated, mass and/or representative or other kind of group, multi-plaintiff or joint action against WSV, other than participating in a class-wide, collective, coordinated, consolidated, mass and/or representative settlement of claims.
(a) Agreement to Binding Arbitration Between You and WSV.
(1) Covered Disputes: You and WSV agree that any dispute, claim, or controversy in any way arising out of or relating to (i) these Terms of Use and prior versions of these Terms of Use, or the existence, breach, termination, enforcement, interpretation, scope, waiver, or validity thereof; (ii) your access to or use of the Site and Services at any time; (iii) incidents or accidents resulting in personal injury to you or anyone else that you allege occurred in connection with your use of the Site and Services, regardless whether the dispute, claim, or controversy occurred or accrued before or after the date you agreed to these Terms of Use, and regardless whether you allege that the personal injury was experienced by you or anyone else; and (iv) your relationship with WSV, will be settled by binding individual arbitration between you and WSV, and not in a court of law. This Arbitration Agreement survives after your relationship with WSV ends.
(2) Class Action Waiver:
(a) Any and all disputes, claims, or controversies between WSV and User shall be resolved only in individual arbitration. The parties expressly waive the right to have any dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a class, collective, coordinated, consolidated, and/or representative action, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any class, collective, coordinated, consolidated, and/or representative action, or to award relief to anyone but the individual in arbitration. The parties also expressly waive the right to seek, recover, or obtain any non-individual relief. Notwithstanding anything else in this agreement, this Class Action Waiver does not prevent you or WSV from participating in a classwide, collective, and/or representative settlement of claims.
(b) The parties further agree that if for any reason a claim does not proceed in arbitration, this Class Action Waiver shall remain in effect, and a court may not preside over any action joining, coordinating, or consolidating the claims of multiple individuals against WSV in a single proceeding, except that this Class Action Waiver shall not prevent you or WSV from participating in a classwide, collective, and/or representative settlement of claims. If there is a final judicial determination that any portion of this Class Action Waiver is unenforceable or unlawful for any reason, (i) any class, collective, coordinated, consolidated, and/or representative claims subject to the unenforceable or unlawful portion(s) shall proceed in a court of competent jurisdiction; (ii) the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration; (iii) the unenforceable or unlawful portion(s) shall be severed from this Arbitration Agreement; and (iv) severance of the unenforceable or unlawful portion(s) shall have no impact whatsoever on the enforceability, applicability, or validity of the Arbitration Agreement or the arbitrability of any remaining claims asserted by you or WSV. For the avoidance of doubt, this Class Action Waiver includes the waiver of Mass Actions. The parties agree that the definition of a “Mass Action” includes, but is not limited to, instances in which you or WSV are represented by a law firm or collection of law firms that has filed 50 or more arbitration demands of a substantially similar nature against the other party within 180 days of the arbitration demand filed on your or WSV’s behalf, and the law firm or collection of law firms seeks to simultaneously or collectively administer and/or arbitrate all the arbitration demands in the aggregate. Notwithstanding anything else in this agreement, this Mass Action Waiver does not prevent you or WSV from participating in a mass settlement of claims.
b. Dispute Procedure: Notwithstanding any provision to the contrary in the applicable arbitration provider’s rules, the arbitrator shall be empowered to determine whether the party bringing any claim has filed a Mass Action in violation of the Mass Action Waiver. Either party shall raise with the arbitrator or arbitration provider such a dispute within 15 days of its arising. If such a dispute arises before an arbitrator has been appointed, the parties agree that (i) a panel of three arbitrators shall be appointed to resolve only disputes concerning whether the party bringing any claim has filed a Mass Action in violation of the Mass Action Waiver. Each party shall select one arbitrator from the arbitration provider’s roster to serve as a neutral arbitrator, and these arbitrators shall appoint a third neutral arbitrator. If the parties’ arbitrators cannot agree on a third arbitrator, the arbitration provider will select the third arbitrator; (ii) WSV and User shall equally split (50-50) and pay any administrative fees or costs incidental to the appointment of Arbitrators under this provision, as well as any fees or costs that would not be incurred in a court proceeding, such as payment of the fees of the arbitrators, as well as room rental; (iii) the arbitrators shall issue a written decision with findings of fact and conclusions of law; and (iv) any further arbitration proceedings or assessment of arbitration-related fees shall be stayed pending the arbitrators’ resolution of the parties’ dispute, including if the arbitrator or panel of arbitrators determines that you have violated the Class Action or Mass Action Waiver.
(c) Process.
(i) Pre-Arbitration Dispute Resolution and Notification. The parties agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial outcome. The parties therefore agree that, before either party demands arbitration against the other, we will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this Arbitration Agreement. Multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference. The party initiating the claim must give notice to the other party in writing of their intent to initiate an informal dispute resolution conference, which shall occur within 60 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. To notify WSV that you intend to initiate an informal dispute resolution conference, write to WSV Technologies, Inc., Attn: WSV, LLC 10241 Parson Street Tampa, Florida 33615, admin@wsvtampa.com, providing your name, the telephone number(s) associated with your User Account (if any), the email address(es) associated with your User Account, and a description of your claim. Engaging in an informal dispute resolution conference is a condition precedent that must be fulfilled before commencing arbitration, and the Arbitrator shall dismiss any arbitration demand filed before completion of an informal dispute resolution conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.
(ii) Initiating Arbitration. In order to initiate arbitration following the conclusion of the informal dispute resolution process required by this Section, a party must provide the other party with a written demand for arbitration and file the demand with the applicable arbitration provider, as determined by Section 2(c). A party initiating an arbitration against WSV must send the written demand for arbitration to WSV, LLC, Attn: WSV, LLC 10241 Parson Street Tampa, Florida 33615, admin@wsvtampa.com, or serve the Demand on WSV’s registered agent for service of process, c/o WSV, LLC (the name and current contact information for the registered agent in each state are available online with Florida’s Department of State). Additionally, a party initiating arbitration against WSV must send an electronic version of the demand for arbitration to the Arbitration Provider, and must send an electronic version of the as-filed demand to: admin@wsvtampa.com.
By signing the demand for arbitration, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that (i) the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The Arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or any applicable state law for either party’s violation of this requirement.
(d) Location.
Unless you and WSV otherwise agree, if you reside in the United States, the arbitration will be conducted in Hillsborough County, Florida. If you do not reside in the United States, the arbitration will be conducted in the county where the dispute arises. Your right to a hearing will be determined by the applicable arbitration provider’s rules. Subject to the applicable arbitration provider’s rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
(e) Offers of Judgment.
At least 10 days before the date set for the arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitrator, who shall enter judgment accordingly. If the offer is not accepted prior to the arbitration hearing or within 30 days after it is made, whichever occurs first, it shall be deemed withdrawn, and cannot be given in evidence upon the arbitration. If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party’s costs from the time of the offer.
(f) Arbitrator’s Decision.
The Arbitrator will render an award within the time frame specified in the applicable arbitration provider’s rules. Judgment on the arbitration award may be entered in any court of competent jurisdiction. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties.
The Arbitrator is not bound by decisions reached in separate arbitrations, and the Arbitrator’s decision shall be binding only upon the parties to the arbitration that are the subject of the decision.
The Arbitrator shall award reasonable costs incurred in the arbitration to the prevailing party in accordance with the law(s) of the state in which arbitration is held.
(g) Fees.
Each party is responsible to pay any filing, administrative, and arbitrator fees of such party as will be solely as set forth in the applicable arbitration provider’s rules and shall be up to the amount you would be required to pay if you filed a claim in court.
(h) Severability and Survival.
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (i) the unenforceable or unlawful provision shall be severed from these Terms of Use; (ii) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
GENREAL PROVISIONS
Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of any such relationship you established with WSV If any provision(s) of these Terms, of Service including without limitation, the warranty disclaimers and liability limitations set forth above, are found by a court of competent jurisdiction to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. The foregoing does not apply to the prohibition against class or representative actions that is part of the arbitration clause; if that prohibition is found to be unenforceable, the arbitration clause (but only the arbitration clause) shall be null and void.
Governing Law and Jurisdiction. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, including its conflicts of law rules, in the United States of America, and the United Nations Convention on Contracts for the International Sale of Goods shall not be applicable hereto. Without limiting the arbitration obligations set forth above, you agree to submit to the jurisdiction and venue of the state and Federal courts of Hillsborough County, Florida for the purposes of these Terms of Use. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES OR US MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
User Disputes. WSV reserves the right, without any obligation, to intervene in or monitor disputes between any Site users. You agree to cooperate with and assist us in good faith, and to provide us with such information and take such actions as we may reasonably request, in connection with any disputes involving you. Although WSV may moderate content or disputes in our discretion, WSV has no authority to legally bind third parties or force them to resolve complaints or disputes. Any efforts or statements made by WSV to intervene in or moderate disputes is superseded by this provision, which may not be modified, waived, or released except by a written agreement, dated and signed by the Chief Executive Officer of WSV and dated and signed by the individual or entity to whom the modification, waiver, or release is granted.
Export Control. By using the Services, you represent and warrant that (i) neither you nor any information or content proposed by you or inputted into the Site, if any, is located in a country that is subject to a U.S. Government embargo, U.S. export control and economic sanctions laws and regulations, which prohibit U.S. companies and their affiliates, like WSV from engaging in certain transactions with persons from designated countries or that has been designated by the U.S. Government as a “terrorist supporting” country, which may include but is not limited to, Iran, Cuba, North Korea, Sudan and Syria. and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law, including the development, design, manufacture, or production of missiles or nuclear, chemical, or biological weapons. You may not use, export, re-export, import, or transfer the Services except as authorized by United States law, the laws of the jurisdiction in which you engaged in any use of the Services, Site, a transaction with WSV, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries; (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List; or (c) into any country or to any person or entity on any similar lists maintained in any applicable jurisdiction.
Feedback. Your feedback, comments and suggestions for improvements to the Services and our business generally (“Feedback”) are welcome. You may submit Feedback by emailing admin@wsvtampa.com. You acknowledge and agree that all Feedback is and shall be our sole and exclusive property, and you shall and hereby do assign to us all right, title, and interest in and to all Feedback, including, without limitation, all worldwide patent, copyright, trade secret, moral, and other proprietary or intellectual property rights therein, notwithstanding anything else. You will execute documents and take such further acts as we may reasonably request to effectuate the foregoing ownership and rights.
Modification. WSV reserves the right, in its sole discretion, to modify or replace any of these Terms of Use (including, without limitation, WSV’s Privacy Policy, for the avoidance of doubt), or change, suspend, limit, or discontinue the Site or Services (including, without limitation, the availability of any feature, database, or content) at any time. If such modification is material, WSV will post a notice on the Site or send you notice through the Services, via e-mail, or by another appropriate means of electronic communication. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Use constitutes acceptance of those changes.
Government Users. All software, if any, licensed pursuant to these Terms of Use and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (i) only as Commercial Items and (ii) with only those rights as are granted to all other users pursuant to these Terms.
Assignment; Waiver. You may not assign these Terms of Use or any rights granted herein. Any attempt by you to transfer any of the rights, duties or obligations hereunder is void. WSV may assign or transfer these Terms of Use or its rights or obligations hereunder without notice and without your prior approval. These Terms of Use are for the sole benefit of the parties hereto and do not create any third-party beneficiaries, whether intended or incidental. These Terms of Use will inure to the benefit of WSV and its successors and assigns. The failure of WSV to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. No waiver, express or implied, by either party of any breach of or default under these Terms of Use will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
Legal Equivalency. These Terms of Use and any other electronic documents, policies and guidelines incorporated herein shall be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; (ii) legally enforceable against any party hereto as a signed writing; and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Any electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding shall, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
These Terms of Use were last updated on September 1, 2023.