These Terms and Conditions of Use (the “Terms of Use”) apply for the web site located at www.SeagullExpress.com and mobile app for iOS and Android - Seagull Express App.

BY USING THE SITE AND ONLINE APPLICATION, YOU HEREBY AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. In these Terms, the words "including" and "include" mean "including, but not limited to."

Seagull Transportation reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use periodically for changes. Seagull may amend the Terms related to the Services from time to time. Amendments will be effective upon Seagull posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

The Site is the property of Seagull Corporate Transportation LLC. Any rights not expressly granted in these Terms of Use are reserved for Seagull. Seagull reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site and Mobile App, for any reason; (2) to modify or change the Site and Mobile App, or any portion of the Siteand Mobile App , and any applicable policies or terms; and (3) to interrupt the operation of the Site and Mobile App , or any portion of the Site and Mobile App , as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Content

All materials, including images, details, data, illustrations, designs, icons, photographs, video clips, text, software, graphics, scripts, logos, and other materials that are part of this Site (collectively, the “Content”) are owned exclusively (either directly or indirectly) by Seagull Transportation and/or its content providers. The Content is protected by copyrights, trademarks, service marks, trade dress and other intellectual or ownership rights owned by the Seagull Transportation and/or its content providers. The Services constitute a technology platform that enables users of Seagull's mobile applications or websites provided as part of the Services (each, an "Application") to arrange and schedule transportation and/or logistics services with third party providers of such services, including independent third party transportation providers and third party logistics providers under agreement with Seagull Corporate Transportation LLC or certain of Seagull's affiliates ("Subcontractors").

Use of the Site and Mobile App

You may not: remove any copyright, trademark or other proprietary notices from any portion of the Services; reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Seagull; reverse engineer or disassemble the Services except as may be permitted by applicable law; link to, mirror or frame any portion of the Services; cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

This Site and its Contents may be used solely for your own personal, non-commercial use. Any other use of the Site or Mobile App or the Content is strictly prohibited. You may view and print a copy of the Content displayed on the Site and the Mobile App, and download a copy of any Content that is designated for downloading, for your personal use only but you may not alter the Content in any way, including, without limitation, removing or modifying any copyright or other ownership notices. The rights, title and interests in and to the Content are not transferred to you by copying or downloading the material.

The information provided on this Site and mobile App is free of charge and for informational purposes only and does not create a business or professional services relationship between you and Seagull.

Online Conduct

You may not use the Site or the mobile App or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Seagull or others.

You are prohibited from posting or transmitting to or through the Site and mobile App any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful material, or any other similar material.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or with any other person’s use of the Site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Seagull on or through the Site or any service offered on or through the Site.

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age to obtain an Account. Account registration requires you to submit to Seagull certain personal information, such as your name, address, mobile phone number and age. You agree to maintain accurate, complete, and up-to-date information in your Account. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Seagull in writing, you may only possess one Account.

Charges Returns and Gratuity

You understand that use of our Transportation Services may result in charges to you for the services. After you have received services through your use of Transportation, Seagull Transportation will collect your payment of the applicable Charges on behalf of the Seagull Transportation Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Seagull.

All Charges are due immediately and payment will be collected using the preferred payment method designated in your Account, after which Seagull Transportation will send you a receipt by email. Charges can be also located in the history page of your account.

If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Seagull may use a secondary payment method in your Account, if available.

As between you and Seagull Transportation, We Seagull Transportation reserve the right to establish, remove and/or revise Charges for all transportation services at any time in Seagull's sole discretion. You may choose to cancel your request for transportation at any time prior to driver's arrival, in which case if the pick up location is more than 3 miles from the base location of Seagull Corporate Transportation office, you may be charged a cancellation fee.

Any requested Transportation through the Mobile Application or website, Seagull does not designate any portion of your payment as a tip or gratuity to the Driver. Any representation by Seagull (on Seagull's website, or in the Mobile Application) to the effect that tipping is "voluntary," "not required," and/or "included" in the payments you make for transportation services provided, is not intended to suggest that Seagull provides any additional amounts, beyond those described above, to the Driver of Seagull. You understand and agree that, you are under no obligation and absolutely free to provide additional payment as a gratuity to any Seagull Driver who provides you with transportation service. Gratuities are voluntary.

Network Access and Devices

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Seagull does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

Payment

You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider ("Charges"). After you have received services or goods obtained through your use of the Service, Seagull will facilitate your payment of the applicable Charges on behalf of the Seagull Transportation.

As between you and Seagull, Seagull reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Seagull's sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical zones and areas may increase substantially during holidays. Seagull will use reasonable efforts 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. Seagull may from time to time provide certain users with promotional offers and discounts that may 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.

Disclaimers; Limitation of Liability

SEAGULL DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SEAGULL CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SEAGULL TRANSPORTATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SEAGULL DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST SEAGULL FOR YOUR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

SEAGULL SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF SEAGUL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SEAGULL SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY SEAGULL DRIVER, EVEN IF SEAGUL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SEAGULL SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND SEAGULL'S REASONABLE CONTROL.

SEAGULL'S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, WITH SEAGULL AND THIRD PARTY SUBCONTRACTORS, BUT YOU AGREE THAT SEAGULL HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, PROVIDED TO YOU BY SEAGULL DRIVER OR THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

Indemnity

You agree to indemnify and hold SEAGULL TRANSPORTATION, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any and all demands, losses, liabilities, claims or expenses (including attorneys’ fees and court costs), arising from or relating to your use of the Site.

Violations of these Terms of Use

Seagull may disclose any information it has about you if Seagull determines that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Seagull’s rights or property, or the rights or property of users of the Site. You acknowledge and agree that any violation by you of these Terms of Use shall cause irreparable harm to Seagull for which monetary damages would be inadequate. You consent to Seagull Transportation obtaining any injunctive or equitable relief that Seagull deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Seagull may have at law or in equity, including but not limited to the right to block access from a particular IP address.

If Seagull does take any legal action against you as a result of your violation of these Terms of Use, Seagull Transportation will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and courts costs arising from such action, in addition to any other relief granted to Seagull Transportation.

Governing Law; Dispute Resolution

You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration between you and Seagull, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.

You acknowledge and agree that you and Seagull are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Seagull Transportaion otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $5,000, Seagull will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Notice

Seagull may give notice by means of a general notice on the Services, electronic mail to your email address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after posting, 12 hours after sending by email. You may give notice to Seagull, with such notice deemed given when received by Seagull, at any time by first class mail or pre-paid post to Seagull Corporate Transportaion LLC, 2692 Coney Island Ave, Brooklyn NY 11235

Void Where Prohibited

You are responsible for complying with the laws of the jurisdiction from which you are accessing this Site, and you agree that you will not access or use the information on this Site in violation of such laws.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire understanding agreement between you and Seagull with regard to your use of the Site and mobile App, and shall supersede any and all prior and contemporaneous written or oral understandings or agreements with respect thereto. Seagull’s failure to enforce any rights under these Terms of Use shall not constitute a waiver of any such term or condition.