Terms

1- Acceptance. Use of the ECS Transportation Group website (collectively, the “Web Site”) and the on-line reservation services (the “Services”) provided by ECS Transportation Group are subject to the terms and conditions of use set forth below (“Terms and Conditions”), which include the Privacy Policy set forth at ECS Transportation Group and incorporated into these Terms and Conditions by reference. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WEB SITE OR THE SERVICES. BY USING THE WEB SITE OR THE SERVICES, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE WEB SITE OR THE SERVICES. ECS Transportation Group MAY CHANGE THESE TERMS AND CONDITIONS FROM TIME TO TIME WITHOUT NOTICE, AND SUCH CHANGES WILL BE EFFECTIVE ON THE DATE THEY ARE POSTED ON THE WEB SITE. USE OF THE WEB SITE AFTER SUCH CHANGES HAVE BEEN POSTED CONSTITUTES YOUR ACCEPTANCE OF ALL SUCH CHANGES.

2- Use of the Web Site and the Services. You may only use the Web Site and the Services in accordance with the Terms and Conditions, any posted policies and procedures that appear on the Web Site, and for lawful purposes. You agree not to use the Web Site to: (a) transmit any material that infringes or misappropriates any third party’s copyright, trademark, trade secret, patent, or other proprietary rights, (b) transmit any material that is false, inaccurate, fraudulent, or misleading, (c) distribute computer viruses, worms, or software intended to damage or alter a computer system without the owner’s consent, (d) use “auto-responders,” “cancel-bots,” or other similar mechanisms that generate excessive network traffic, (e) transmit any unlawful, harmful, defamatory, pornographic, obscene, vulgar, threatening, harassing or otherwise objectionable material, (f) send or relay any unsolicited advertising or chain letters, or (g) attempt to gain unauthorized access to the Web Site or any part thereof, or other accounts, computer systems or networks connected to the Web Site, through login password mining or any other means. ECS Transportation Group reserves the right to terminate your access to the Web Site or Services at any time without notice if it determines, in its sole discretion that you have abused or violated any of these terms and conditions.

3- User ID, Password, and Security. You are responsible for maintaining the confidentiality of any user ID and/or password provided to you by ECS Transportation Group for use in connection with the Web Site or the Services. You are solely responsible for all activities that occur under your user ID and/or password, and you agree to notify ECS Transportation Group immediately of any unauthorized use of your user ID and/or password or any other breach of security related to the Web Site. ECS Transportation Group WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO SAFEGUARD YOUR USER ID AND/OR PASSWORD OR TO COMPLY WITH THIS SECTION.

4- Proprietary Rights. The Web Site, certain content therein, the Services and any underlying software may be protected by copyright, trademark, patent, and/or other intellectual property and proprietary rights laws and are owned (along with all proprietary rights therein) by ECS Transportation Group. You agree that you will not copy, distribute, republish, display, post, transmit, download, or modify any content you obtain from the Web Site without ECS Transportation Group’s prior permission; provided, however, that you may download or print a copy of information from the Web for your use in learning about, reserving, or using the services.

5- Warranty Disclaimer. THE WEB SITE, THE SERVICES, AND ANY INFORMATION PROVIDED THROUGH THE WEB SITE ARE PROVIDED BY ECS Transportation Group ON AN “AS IS” BASIS, AND NEITHER ECS Transportation Group NOR ITS SUBSIDIARIES, PARTNERS, AFFILIATES, VENDORS OR SUBCONTRACTORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEB SITE OR SERVICES OR THE INFORMATION MADE AVAILABLE BY OR THROUGH THE WEB SITE OR THE SERVICES. IN ADDITION, ECS Transportation Group DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY AND NON-STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR CUSTOM OF TRADE. NEITHER ECS Transportation Group NOR ANY OF ITS SUBSIDIARIES, PARTNERS, AFFILIATES, VENDORS OR SUBCONTRACTORS WARRANTS THAT USE OF THE WEB SITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. Some jurisdictions may not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

6- Limitation of Liability. IN NO EVENT WILL ECS Transportation Group, ANY OF ITS SUBSIDIARIES, PARTNERS, AFFILIATES, VENDORS OR SUBCONTRACTORS, INCLUDING THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE, THE SERVICES, OR ANY WEBSITES LINKED TO THE WEB SITE, WHETHER BASED ON CONTRACT, TORT OR OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER ECS Transportation Group KNEW OR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ECS Transportation Group’S AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE WEB SITE OR THE SERVICES (REGARDLESS OF THE CAUSE OF ACTION, WHETHER UNDER CONTRACT, TORT, OR OTHER LEGAL THEORY) IS LIMITED TO $50. THE FOREGOING LIMITATIONS OF LIABILITY ARE INDEPENDENT OF, AND SHALL APPLY REGARDLESS OF, ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED OR EXCLUSIVE REMEDY. You acknowledge that ECS Transportation Group has agreed to provide the Web Site and the Services in reliance on the exclusions of liability and disclaimers of warranty set forth herein. Some jurisdictions do not allow the limitation of incidental or consequential damages, so the above limitation may not apply to you.

7- Indemnification. You agree to indemnify and hold ECS Transportation Group, its subsidiaries, partners, affiliates, vendors, subcontractors, officers, employees, and agents harmless from any and all losses, liabilities, damages and/or costs (including reasonable attorneys’ fees) arising from any third-party claims arising from or related to your use of the Web Site, the Services or your violation of the Terms of Use.

8- Communications with ECS Transportation Group. Any communication or material you transmit to us by email or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and nonproprietary. Except to the extent expressly covered by our Privacy Policy, anything you transmit or post may be used by us for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, you expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.

9- Privacy. ECS Transportation Group takes the privacy of you and your information very seriously. For further information about what information we collect and how we use such information, please view our Privacy Policy.

10- Arbitration. All claims, disputes and controversies arising out of, relating to, or in connection with, the Terms of Use, or the breach thereof (“Dispute”), shall be resolved by final and binding arbitration before the American Arbitration Association (“AAA”). The AAA arbitration shall be conducted in Dallas, TX by three AAA arbitrators to be selected by the parties to the Dispute. If the parties are not able to agree on the selection of the AAA arbitrators, they shall follow the AAA’s arbitrator selection process. In either event, the AAA arbitrators shall be selected no later than thirty days following the filing of Claimant’s demand for arbitration and at least one of the three AAA arbitrators shall be knowledgeable and experienced in the commercial aspects of similar transportation services. Arbitration proceedings brought under this provision shall not be consolidated. Discovery shall be limited to: (1) one set of document requests per party; (2) one set of interrogatories per party; and (3) three depositions per party (30(b)(6) depositions shall count as one deposition regardless of the number of persons produced to testify on behalf of the legal entity). If a party adds a cause of action to its demand for arbitration or counterclaim after it has received written discovery from another party, then the party issuing such written discovery shall be entitled to a second set of written discovery. Discovery disputes shall be resolved by the AAA arbitrators no later than seven calendar days following the AAA’s receipt of one memorandum from each party to the discovery dispute. A final hearing on the merits shall last no more than four consecutive business days and shall occur no later than five months following the date of the filing of the demand for arbitration (the “Hearing”). Pre-Hearing briefs shall not exceed twenty-five pages and post-Hearing briefs, which shall be filed no later than seven calendar days after the conclusion of the Hearing, shall not exceed fifteen pages. The AAA arbitrators shall make detailed written findings to support their final award and such final award shall be delivered to the parties no later than thirty calendar days following the conclusion of the AAA’s final hearing. Judgment upon the final arbitration award may be entered in any court having jurisdiction.

11- Governing Law. The laws of the State of Texas shall govern these Terms of Use. Subject to the arbitration provision above, YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN DALLAS COUNTY, TEXAS FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS AND CONDITIONS OR YOUR ACCESS OR USE OF THE WEB SITE OR SERVICE.

12- General. The Terms and Conditions will be governed by and construed in accordance with the laws of the State of Texas as they are applied to contracts entered into by residents thereof and performed entirely within the State of Texas. If any provision(s) of the Terms and Conditions is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Any waiver, modification, or amendment of these Terms and Conditions must be in writing and signed or otherwise authenticated by ECS Transportation Group. You may not assign this agreement to any other party, and any such attempted assignment is void. The Terms and Conditions constitute the entire agreement between you and ECS Transportation Group with respect to the Web Site and the Services and supersede any and all prior or contemporaneous oral agreements; however, notwithstanding the foregoing, the Services shall also be governed by any terms set forth on the confirmation you receive from ECS Transportation Group, to the extent such terms are not inconsistent with these Terms of Use.

13- Force Majeure. ECS Transportation Group shall not be responsible for any damages caused by delay or failure to perform, in full or in part, any of its obligations in connection with the Web Site or Services, provided that there is due diligence in attempted performance under the circumstances and that such delay or failure is due to fire, earthquake, unusually severe weather, strikes, government sanctioned embargo, flood, act of God, act of war or terrorism, act of any public authority or sovereign government, civil disorder, delay or destruction caused by public carrier, or any other circumstance substantially beyond the control of ECS Transportation Group.

14- Entire Agreement. These Terms and Conditions and the other policies and terms set forth on the Web Site set forth the entire agreement between you and ECS Transportation Group on this subject matter and supersede all other negotiations, understandings, statements and agreements between the parties.

15- Questions. Should you have any questions regarding these Terms and Conditions you may contact us at info@ecslimo.com. Notwithstanding the foregoing, ECS Transportation Group is under no obligation to provide end-user technical support for the Service.