TERMS & CONDITIONS
Introduction
All services (as defined below) offered by 1st ABC Transportation LLC d/b/a ABC Shuttle, and its affiliates (“1st ABC Transportation d/b/a ABC Shuttle”) including but not limited to; 1st ABC Transportation d/b/a ABC Shuttle, ABC Limo, Englewood Shuttle LLC. 1st ABC Transportation d/b/a ABC Shuttle are subject to the following Terms of Service (“Terms”). By agreeing to these Terms, you acknowledge and agree to be bound by the conditions of use listed below, and any future revisions and additions, as published at https://www.abcshuttle.com/shuttle/terms-conditions/. 1st ABC Transportation d/b/a ABC Shuttle’s services (the “Services”) consist of arranging and providing transportation reservation services over the phone, via websites, and through mobile applications on behalf of independent, licensed drivers who provide transportation services (each an “Operator”) to individual users and payment collection services of fees and expenses from users for the Services on behalf of Operators associated with such transportation services. YOU AGREE THAT YOUR ABILITY TO OBTAIN TRANSPORTATION SERVICES THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH 1st ABC Transportation d/b/a ABC Shuttle AS A PROVIDER OF TRANSPORTATION SERVICES. Your decision to enter a reservation or to accept transportation services from an Operator is at your sole discretion, and any transportation services provided by an Operator to you is a separate agreement between the Operator and you. 1st ABC Transportation d/b/a ABC Shuttle is only your independent contractor, and except as expressly stated in these Terms, no joint venture, partnership, employment, or agency relationship exists between or among you, 1st ABC Transportation d/b/a ABC Shuttle or any of its brands, or any Operator as a result of these Terms or use of the Services. By agreeing to these terms of service, you also confirm that you understand how our Service works. For clarification, please refer to the FAQs page prior to agreeing to these terms. Last Updated: April 15th, 2021.
Reservations
About Reservations
Reservations for transportation to and from the airport are valid only for the time and date specified. 1st ABC Transportation d/b/a ABC Shuttle is not responsible for unused reservations or costs incurred as a result of customer error. When changing the pickup or drop-off location of a reservation, rates are subject to change and additional charges may apply. For 1st ABC Transportation d/b/a ABC Shuttle Shared Ride to the Airport (where offered). Reservations are required for transportation service to and from the airport. For reservations to the airport, the Operator guarantees the customer will arrive at the airport in time to make his or her flight when booking based on the pre-set times recommended by the company’s reservation system. If customer selects pickup times outside those recommended automatically during the reservation process, they do so at their own risk (“AOR”) and are no longer eligible for a refund of the fare for time delays outside of the 15-minute window pickup, or for reimbursement of any resulting costs. The Operator vehicle should arrive within the 15-minute window selected at the time of booking. It is the customer’s responsibility to be ready and waiting to depart outside of the pickup location at the beginning of the 15-minute window and remain for the full designated 15-minute pickup window. Failure to do so may inhibit the Operator’s ability to provide service and may result in possible forfeiture of fare. For all services offered, the customer must include the “Day of Travel” phone number in the event the Operator calls for assistance during the pickup process. Operators are not required to call this phone number in advance of the pickup, however. Failure to provide a contact number for the day of travel may prevent our ability to provide service and result in possible forfeiture of fare. Customer may also receive additional notification calls to the designated contact number announcing reservation details in advance of the pickup. Advance reservations do not guarantee that a vehicle will be waiting for the customer at the curb at time of arrival. Vehicles are assigned to passengers upon online check-in. Wait times for pick-up from the airport terminal can vary from time to time. Please note that if you book a reservation from the airport, this does not mean a vehicle will be waiting for you when you arrive. Due to security considerations, most airports do not allow Operators to have vehicles lined up at the curb. However, Operators have vehicles waiting close by in a “holding lot” near the airport, just minutes away. Also, a vehicle or an alternative vehicle may not always be available, since in any given area or at any given time there are not an unlimited number of vehicles to service customer demand during low peak hours, so a customer may incur an extended wait time during those situations.
Reservation Abandonment
Reservation abandonment occurs when the Operator cannot find the customer at the designated pick-up location and cannot reach the customer for further instruction using the “Day of Travel” contact number provided within a short, reasonable time period, so as not to jeopardize pick-up of other shared-ride passengers.
Rates
Tolls, taxes and other fees are not included in the calculated cost of the ride and the customer may be responsible for additional charges. Shared Ride (where offered), Airport Transfers. A flat rate is quoted at the time of booking and is guaranteed so long as the reservation is not changed. Exclusive,
Non-Stop Airport Transfers.
These reservations include vehicle service to or from the airport. A flat rate is quoted at the time of booking and is guaranteed so long as the reservation is not changed. Extra stops are not available for this service. Charter Reservations. Charters options include point to point or hourly transportation. Point-to-point reservations, where available, require a minimum charge plus distance-traveled charge and advance reservations. Customers who wish to add an additional stop must purchase a minimum 2-hour Hourly Charter. Hourly charters require a two-hour minimum reservation and at least one-hour advance notice. Hourly charter reservations should be made in advance to ensure availability. Extra Stops. Customers who wish to add an additional stop must purchase a minimum 2-hour Hourly Charter.
Payments
You agree that use of the Services may result in charges to you not only for the Services but also for the transportation services you receive from Operators. 1st ABC Transportation d/b/a ABC Shuttle will receive or enable the payment of such charges through the Services as described in these Terms, and with respect to charges owed to Operators, 1st ABC Transportation d/b/a ABC Shuttle will collect those charges as the Operator’s limited collection agent, and payment of such charges to 1st ABC Transportation d/b/a ABC Shuttle will be considered the same as payment made directly by you to the Operator. 1st ABC Transportation d/b/a ABC Shuttle may use the proceeds from payment of the charges for any purpose, subject to any payment obligations under its agreement with Operators. Customers must pay at the time of booking to secure advance reservations. Any charges are processed at the time of booking and are refundable following the terms outlined in the cancellation policy below. For reservations booked curbside, payment options vary and are dependent on location.
Personal Identification.
Operators and their staff reserve the right to request personal identification from customers with fares exceeding $200. Failure to provide personal identification matching information on file may result in the inability of the company to service the reservation.
Company Vouchers.
Company-issued vouchers serve as a form of payment and the original voucher must be presented to the Operator in the vehicle, at time of payment. In select cities, for rides from the airport, customer may be requested to present voucher to the Operator at the airport. Additional payment may be required to cover the cost of your ride. If the value on the voucher exceeds the reservation fee, the difference will not be returned. Vouchers provided by 1st ABC Transportation d/b/a ABC Shuttle are only valid for one year from date of issue or marked expiration date, whichever comes first. Expired vouchers will not be reissued and cannot be redeemed as a form of payment. Vouchers cannot be replaced or refunded if lost or stolen. Company-issued vouchers serve only as a form of payment and do not constitute a reservation. Customers must still schedule a reservation in advance to ensure pick-up. Third-Party Vouchers. 1st ABC Transportation d/b/a ABC Shuttle permits a variety of partners to re-sell its Services, including travel agents, travel aggregators, and transportation aggregators. For third-party providers, terms and conditions for services and vouchers will be established by the provider but shall not supersede the Terms established herein by 1st ABC Transportation d/b/a ABC Shuttle. It is the customer’s responsibility to ensure that the terms of any services purchased match the service for which they intend to use it, prior to any posted expiration dates. Expired vouchers cannot be redeemed as a form of payment. Refunds, changes to reservations, and billing issues on reservations made through third-party travel partners and agents must be directed to the third-party provider or agent firm for assistance. Company-issued vouchers serve as a form of payment and the original, hard-copy voucher may be required by the Operator as payment in the vehicle, at time of payment. In select cities, for rides from the airport, customer may be requested to present voucher to the Operator at the airport. Depending on arrangements made with the Third-Party Provider, vouchers may serve only as a form of payment and may not constitute a reservation. Customers may still need to schedule a reservation in advance to ensure pick-up.
Fare Tickets. (Not offered).
Fare Tickets are tickets distributed by Operators or computerized kiosk upon check-in at the airport. They can only be redeemed using the original issued ticket. They cannot be redeemed through facsimile or scanned image. Fare tickets that have been purchased are non-refundable if not redeemed within 30 days. Direct Bill. Direct Bill accounts allow customers to book online, by phone, curbside, or in-vehicle. Accounts are billed after the reservation is complete. These accounts are typically managed as part of Corporate Accounts and require credit approval. Discounts. Discount codes are valid for use while reserving the service. They cannot be combined with other offers. They cannot be redeemed using third party providers. Discounts cannot be applied during phone reservations. Under no circumstances will a discount be applied past the expiration date.
Receipts.
Phone-and web-based reservations have the option to receive an email confirmation with complete reservation and payment details. For curbside reservations, it is the customer’s responsibility to ask for a receipt as proof of payment in vehicle. 1st ABC Transportation d/b/a ABC Shuttle cannot guarantee the generation of receipts after the fact.
Cancellations
1st ABC Transportation d/b/a ABC Shuttle’s Cancellation Policy. We understand your travel plans may be subject to change, which is why we offer a simple way for you to cancel your reservation via our website. Regardless of how you made your reservation, simply give us twenty-four (24) hours notice prior to your pickup time, and we will give you a full refund minus the credit card charging fees (10%) of your fare. For reservations made via phone, the booking fee is non-refundable. ABC Shuttle is unable to refund the payment if canceled with less than 24 hours notice prior to pick up time or in the event of a no-show. Refunds normally show on your account within three (3) to five (5) business days. Credit card refunds are submitted to the financial institution within one (1) business day; check with your financial institution for more information. There are no refunds for no shows. If the reservation is canceled twenty-four (24) hours or less (from the time of the scheduled Pick-Up Time), there is a full charge for the service. Cancellations MUST be made via email at info@ABCshuttle.com. If there’s any change with the flight schedule, such as delays it’s your responsibility to inform us by email at info@ABCshuttle.com.
Luggage Policy
Our luggage policy closely follows that of airlines. For each passenger, two checked bags (e.g. suitcase, duffel bag) and two carry-on items (e.g. diaper bag, laptop case, backpack, or purse) ride free! Extra fees may apply in the following instances. Contact us for needs outside of those listed.
| Excess/Oversized Baggage | Checked bag exceeds 50 pounds (or approximately 23 kilograms). Total dimensions for your checked bag exceeds 80 inches when adding length, width, and height. Excessive size or number of bags may require an Exclusive reservation. |
$2.00 fee per item |
| Boxes | Excessive size or number of boxes may require an Exclusive reservation. | $10.00 fee per item pay to driver |
| Golf Clubs | Counts toward your total number of checked items. (e.g. If you have one checked bag and one set of clubs, the clubs are $10.00.) | $10.00 fee per item pay to driver |
| Bikes | Let the company know when doing reservation under the comment Box | $10.00 fee per item pay to driver |
| Skis and Snowboards | Let the company know when doing reservation under the comment Box | $10.00 fee per item pay to driver |
| Surfboards | Let the company know when doing reservation under the comment Box. | $10.00 fee per item pay to driver |
Luggage and Personal Items.
Customer is responsible to reserve the correct vehicle to safely handle their luggage needs. Each service type offered by 1st ABC Transportation d/b/a ABC Shuttle Express and ABC Limo has a maximum allowed luggage that is clearly displayed at the time of service selection. Failure to properly select the correct service type may result in additional fees, the need for an additional vehicle, or the inability of the company to service the reservation. Customers traveling with valuables, priceless items, and prescription drugs should keep these items in their possession during the course of their trip with the Operator. Luggage Restrictions. Shared Ride Service – Each passenger is allotted the following on board the Operator vehicle: – 1 checked luggage pieces, such as standard suitcases and large duffel bags weighing 50 pounds or less each; and – 1 carry-on items, such as purses, laptop cases, briefcases, small suitcases, and backpacks. Larger items will be stowed in the rear storage area of the Operator vehicle for the safety of all passengers. Exclusive/Direct/Express Service – Luggage must safely fit inside the vehicle in accordance with the manufacturer’s limit for the vehicle type ordered. Damaged Items. Normal wear and tear to personal items is typical of the handling process during transportation by Operators. Transporting large items, such as luggage, may result in scratches, dings, and nicks. 1st ABC Transportation d/b/a ABC Shuttle and Operators are not responsible for damages such as broken pull handles/straps, broken wheels or feet, or damages that are incurred as a result of over-packing, items packed improperly, or fragile items. It is the customer’s responsibility to ensure any belongings kept with customer in the main seating compartment of the vehicle are securely packed and fastened, and that any breakable items are protected while using the Operator’s transportation service. Customer must report significant damage to any personal items during use of the Operator’s transportation service immediately to the Operator. In the event the Operator determines the item was not treated with reasonable care and chooses to offer reimbursement for an item, the value of reimbursement is not to exceed $250.00 per passenger unless local regulations deem otherwise. The Operator reserves the right to inspect the item and determine the type and amount of reimbursement, if any, based on damages. Lost Items. Passengers are responsible for their own luggage and any items placed by themselves or the Operator in the vehicle. Neither 1st ABC Transportation d/b/a ABC Shuttle nor Operators assume liability in the event of damage, loss or theft of any such property and will not be responsible for losses incurred, including but not limited to, loss of future profit, potential income, and additional expenses or losses incurred as a result of lost or stolen baggage or personal property. 1st ABC Transportation d/b/a ABC Shuttle and Operators are also not liable for lost items left behind in the vehicle by a customer. However, Operators do want to help customers reunite with lost items whenever possible. If an item is lost, the customer immediately contacts the Operator. Returning left behind or found items may incur delivery and/or shipping charges to the recipient.
Safety
Seatbelts. Seatbelts are provided for customer safety. Customers must wear safety belts while inside the vehicle, but it is the customer’s responsibility to ensure the seatbelt is securely fastened, as required by law. Operators reserve the right to refuse service to parties out of compliance with applicable laws. To review the safety belt laws for the area in which you will be traveling please visit the Insurance Institute for Highway Safety website. Safety Bars. Operator vehicles may have safety bars installed for your safety. Please use the safety bar when boarding and exiting the vehicle. Safety Cameras. Safety cameras have been installed in many Operator vehicles for Operator and customer safety. The camera will initiate recording with any sudden swerve or stop and can be turned on manually to protect the Operator. Customers may be recorded as a result. Vehicle Capacities. Operator vehicles seat 3-10 passengers depending on the city vehicle profile. Oversized or excess luggage may require a larger or private vehicle at an additional cost. Seat capacity is limited to seats with working safety belts. State laws prohibit loading vehicles beyond seating capacity. Any attempt to do so may require additional vehicle reservations.
Smoking
Smoking is not permitted in any Operator vehicles.
Special Handling
Accessible Transportation. In compliance with federal regulations, we provide reservations with Operators who offer accessible vehicles to customers with disabilities, including those who use wheelchairs and those who are accompanied by service animals. Traveling with Children. Operators welcome the opportunity to serve our younger travelers when accompanied by a responsible adult. If making an online reservation, please indicate the number of children traveling so we can reserve a seat. State laws do not allow children to ride in the lap of an adult. If your child is under the minimum age/weight standards, you must supply an approved car seat for each child to whom the applicable law applies. It is recommended that traveling parents and legal guardians become knowledgeable about the applicable laws in the states in which they will be traveling. For more information on applicable laws, please visit: the Insurance Institute for Highway Safety website. Operators reserve the right to refuse service to parties out of compliance with state law. Traveling Minors. Customers under the age of 16 must be accompanied by a parent or guardian for the entire duration of the ride. Operators may refuse service if a child is not old enough to ride alone and is without an adult or guardian.
Pets.
Pets are permitted with advance reservations. All pets, excluding service animals, must be kenneled. Pets less than 25 pounds may be held in a lap carrier. Pets larger than 25 pounds may require an exclusive vehicle. All pets must be properly secured within the carrier at all times. Service animals are permitted on vehicles. Please be mindful of the vehicle size while booking rides with a service animal. Please be aware that if you have an allergy to animals, Operators, in accordance with the ADA, provide service to individuals accompanied by service animals. In addition, other passengers may be traveling with a cat or dog. User Error. Customer is responsible for providing accurate information at time of booking. When he/she provides information for travel, the customer agrees that the information will be accurate. 1st ABC Transportation d/b/a ABC Shuttle is not responsible for mistakes made by customers while using the Service, its official websites, or mobile applications. Confirmation emails are provided at the time of booking to allow customers to review details of their reservation in advance of the reservation. Additionally, certain locations provide automated reminder phone calls the day before pickup, allowing the customer time to cancel or make any changes two hours or more in advance of the reservation, as required by the Cancellation Policy outlined above. Travel Times and Delays. 1st ABC Transportation d/b/a ABC Shuttle and Operators are not responsible for significant delays in anticipated arrival due to traffic, weather, or road conditions, or any other unforeseen circumstances. Under such conditions, 1st ABC Transportation D/B/A ABC Shuttle reserves the right to cancel and refund reservations in advance of the scheduled pickup.
Travel Times.
Unlike direct transportation, shared ride (where offered). travel typically takes longer as customers wait for fellow passengers to load or unload. In addition to being affected by other passengers sharing the ride, travel time is dependent on geography, weather condition, time of day, and traffic conditions. Because of these variables, 1st ABC Transportation d/b/a ABC Shuttle and Operators cannot provide an exact travel time. Service Advisories. At times there may be delays and changes to normal operations due to severe weather and traffic incidences. Whenever possible, 1st ABC Transportation d/b/a ABC Shuttle will post information to website, blog, or other forms of communication, to notify customers in advance. Customer Service Concerns. Customers are encouraged to notify us of their experience, good or bad. Limitations on Compensation Following Service Failure. Where it is determined to be company fault, customers may receive compensation in the form of a partial or complete refund, reservation credits, or through other means. In most cases where alternative transportation is taken and paid for by the customer, reimbursement will not include full refund of the original reservation but will reimburse the difference paid for the alternate mode of transportation over the original cost of the reservation with service. Limitations on Compensation Following Missed Flights. When it is determined to be company fault, 1st ABC Transportation d/b/a ABC Shuttle may provide compensation not to exceed $200.00 per person for domestic flights and $300.00 per person for international flights. 1st ABC Transportation d/b/a ABC Shuttle may reimburse for overnight lodging in the event customer cannot book a flight out on the same day of travel. Reimbursement is based on the average standard room rate as dictated by management in that market. Meals and other expenses are not covered as part of reimbursement for delays or missed flights. 1st ABC Transportation d/b/a ABC Shuttle does not assume any responsibility for lost income or potential income, and other losses resulting from missed professional or personal functions. When traveling to an important event, it is recommended to allow extra travel time by booking earlier than the recommended time to avoid delays. Limitations on Customer Claim Time. The Customer hereby acknowledges and agrees that, unless a longer period is mandated and made un-waivable by law, any claim relating to the services provided to Customer hereunder, including, without limitation, claims relating to damaged luggage, missed flight or other out of pocket expenses due to any alleged service failure, must be brought within 30 days after the occurrence of the act or omission that is the subject of the claim. Refunds. For Credit Card Refunds: Once approved, a refund request is submitted within 48 hours, excluding weekends and federal holidays. The refund is then completed by customer’s financial institution. Customer should refer to their financial institution to check on status of refund. For Check Refunds: Once approved, refund requests are entered on a daily basis. Checks are cut once weekly and put in the mail for delivery to the address provided every Friday; delivery varies dependent on holidays.
Policies
Your privacy is important to us. Our Privacy Policy is incorporated in this agreement and subject to these Terms and Conditions. Privacy Policy. At 1st ABC Transportation d/b/a ABC Shuttle, we are committed to protecting your privacy. We use the information you provide to secure your reservation and disclose your reservation information to Operators providing transportation services. At some point in the future, we may use the information we collect to occasionally notify you about important functionality changes to the websites, or new 1st ABC Transportation d/b/a ABC Shuttle services, and special offers we think you’ll find valuable. If we do so, you’ll be provided an opportunity to unsubscribe from this mailing list. Except as provided herein, 1st ABC Transportation d/b/a ABC Shuttle does not sell, trade, or rent your personal information to others. We may choose to do so in the future with trustworthy third parties. In addition, we also may market certain third-party services through our site. If you accept the offer, we will pass your relevant personal information, including name to that third party. Also, 1st ABC Transportation d/b/a ABC Shuttle may provide aggregate statistics about our customers, sales, traffic patterns, and related site information to reputable third-party vendors, but these statistics will include no personally identifying information. 1st ABC Transportation d/b/a ABC Shuttle may release account information when we believe, in good faith, that such release is reasonably necessary to (i) comply with law, (ii) enforce or apply the terms of any of our user agreements or (iii) protect the rights, property or safety of 1st ABC Transportation d/b/a ABC Shuttle.com, ABC Limo.com, zTrip.com, any of our branded services, Operators, or others. We use Google Analytics’ third-party audience data such as age, gender, and interests to better understanding the behavior of our website users and customers and work with companies that collect information about your online activities to provide advertising targeted to suit your interests and preferences. For example, you may see certain ads on this website or other websites because we contract with Google and other similar companies to target our ads based on information we or they have collected, including information that was collected through automated means (such as cookies and web beacons). These companies also use automated technologies to collect information when you click on our ads, which helps track and manage the effectiveness of our marketing efforts. You may opt out of the automated collection of information by third-party ad networks for the purpose of delivering advertisements tailored to your interests, by visiting the consumer opt-out page for the Self-Regulatory Principles for Online Behavioral Advertising at http://www.aboutads.info/choices/, edit or opt-out your Google Display Network ads’ preferences at http://www.google.com/ads/preferences/, and/or opt out of DoubleClick’s use of cookies by visiting the DoubleClick opt-out page or the Network Advertising Initiative opt-out page.
Tipping Policy. Passengers riding with Operators have the option to tip their drivers in-person or online. When reviewing the total charge of your ride, there will be a pre-selected tip percentage added to the subtotal. This pre-selected tip percentage can be adjusted prior to purchase or select the “Tip in Vehicle” option which designates an in-person tip to our driver, via credit card or cash, after a ride completion. Some Operator vehicles may display signage indicating that fares do not include gratuity – this refers to reservations where a gratuity was not applied at the time the reservation was made.
Disclaimers, Limitations of Liability, and Indemnity DISCLAIMER. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” 1st ABC Transportation d/b/a ABC Shuttle DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 1st ABC Transportation d/b/a ABC Shuttle MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. 1st ABC Transportation d/b/a ABC Shuttle DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY, OR ABILITY OF THIRD-PARTY PROVIDERS, INCLUDING OPERATORS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. LIMITATION OF LIABILITY. EXCEPT TO THE EXTENT OF THE REMEDIES EXPRESSLY STATED IN THESE TERMS, 1st ABC Transportation d/b/a ABC Shuttle WILL 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, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF 1st ABC Transportation d/b/a ABC Shuttle, EVEN IF 1st ABC Transportation d/b/a ABC Shuttle HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, 1st ABC Transportation d/b/a ABC Shuttle WILL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY, OR LOSSES ARISING OUT OF: (a) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (b) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, INCLUDING AN OPERATOR, EVEN IF 1st ABC Transportation d/b/a ABC Shuttle HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 1st ABC Transportation D/B/A ABC Shuttle WILL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND 1st ABC Transportation d/b/a ABC Shuttle’s REASONABLE CONTROL. THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION WITH OPERATORS, BUT YOU AGREE THAT 1st ABC Transportation d/b/a ABC Shuttle HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY OPERATORS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. THE LIMITATIONS AND DISCLAIMER IN THESE TERMS DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, 1st ABC Transportation d/b/a ABC Shuttle’s LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnity. You agree to indemnify and hold 1st ABC Transportation d/b/a ABC Shuttle and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of, in connection with, or related to: (i) your use of the Services or services obtained through your use of the Services; (ii) your breach or violation of any of these Terms; or (iii) your violation of the rights of any third party, including Operators.