Terms Of Service
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION, OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
THE SITE, APPLICATION, AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH DRIVERS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR SHARING THEIR PERSONAL VEHICLE (DEFINED BELOW) AND RIDERS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK AN EMPTY SEAT IN A DRIVER'S PERSONAL VEHICLE BY PAYING THE DRIVER'S PUBLISHED RIDE FEE. YOU UNDERSTAND AND AGREE THAT BOONTREK IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN DRIVERS AND RIDERS, NOR IS BOONTREK AN INSURER. BOONTREK HAS NO CONTROL OVER THE CONDUCT OF DRIVERS, RIDERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY PROVIDED RIDES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
"Boontrek Content" means all Content that Boontrek makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
"Collective Content" means Member Content and Boontrek Content.
"Content" means text, graphics, images, music, software (excluding the Application), audio, video, information, or other materials.
"Ride" means the singular, actual, mutually agreed upon travel event that takes place between a Driver offering an empty seat in their Personal Vehicle and a Rider being transported from a point of origin to a point of destination, previously committed to and booked using Boontrek.
"Rider" means a Member who creates a Ride request Listing via the Site, Application, or Services, and a Member who participates in a Ride with a Driver and is not the Driver for the specified Ride.
"Driver" means a Member who creates a Listing via the Site, Application, and Services and provides the Ride in their own Personal Vehicle.
"Personal Vehicle" means the car, truck, light duty truck, sport utility vehicle ("SUV"), van, minivan, cross-over, station wagon, or convertible that a Driver owns and possesses a valid, verifiable registration and current proof of insurance for, or has received written permission from the documented owner to use as a means of transportation, and is thus eligible to offer Rides on Boontrek, that is not rented or subleased (not withstanding the aforementioned written permission).
"Listing" means the as yet agreed upon and committed Ride that is listed by a Driver or Rider as available for booking via the Site, Application, and Services.
"Member" means a person who completes Boontrek's account registration process, including, but not limited to Drivers and Riders, as described under "Account Registration" below.
"Member Content" means all Content that a Member posts, uploads, publishes, submits, or transmits to be made available through the Site, Application, or Services.
"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), and other similar municipal, state, and federal indirect or other withholding and personal or corporate income taxes.
Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
Boontrek reserves the right, at its sole discretion, to modify the Site, Application, or Services, or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also post a "Last Updated Date" at the top of these Terms. By continuing to access or use the Site, Application, or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
The Site, Application, and Services are intended solely for persons who are 18 or older. ANY ACCESS TO OR USE OF THE SITE, APPLICATION, OR SERVICES BY ANYONE UNDER 18 IS EXPRESSLY PROHIBITED. By accessing or using the Site, Application, or Services you represent and warrant that you are 18 or older. Further, by accessing or using the Site, Application, or Services in the capacity of Driver, you affirm that you are a legally licensed driver over the age of 18 in possession of a Personal Vehicle, as set forth in the Key Terms section above, and a valid, current, state or government issued driver's license (or international equivalent) and that said driver's license is in good standing with the issuing body. Drivers and those Riders willing to share a Ride's driving responsibilities when asked to do so by a Driver and agreed upon, also consent to provide their driver's license issuing state and identification number to be kept on file with Boontrek to be checked at random at any time in the future by Boontrek to ensure a Member's continued valid, current standing with their issuing body. If at any time that Boontrek conducts a random driver's license check and a Member's driver's license is found to be suspended, revoked, expired, or no longer in good standing, Boontrek will automatically disable a Member's profile status as a Driver and that Member will only be able to operate on the Site, Application, and Services in the capacity of a Rider.
How the Site, Application, and Services Work
The Site, Application, and Services can be used to facilitate the listing and booking of shared rides in Personal Vehicles for the means of subsidizing and offsetting transportation costs while creating greater efficiency and providing an additional transportation alternative. Such Rides and Rides requests are included as Listings on the Site, Application, and Services by Drivers and Riders respectively. You may view Listings as an unregistered visitor to the Site, Application, and Services; however, if you wish to book a Ride or create a Listing, you must first register to create a Boontrek Account (defined below).
As stated above, Boontrek makes available a platform or marketplace with related technology for Riders and Drivers to meet online and arrange for bookings of Rides. Boontrek is not an owner or operator of Personal Vehicles, including, but not limited to, cars, trucks, light duty trucks, SUVs, vans, minivans, cross-overs, station wagons, or convertibles, nor is it a provider of rental cars, public transportation or Rides and Boontrek does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control any form of transportation, including, but not limited to Personal Vehicles as set forth in the Key Terms section above. Boontrek's responsibilities are limited to: (i) facilitating the availability of the Site, Application, and Services and (ii) serving as the limited agent of each Driver for the purpose of accepting payments from Riders on behalf of the Driver.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION, AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF RIDES. BOONTREK CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY, OR SUITABILITY OF ANY RIDES. BOONTREK IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND RIDES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE RIDER'S OWN RISK.
In order to access certain features of the Site and Application, and to book a Ride or create a Listing, you must register to create an account ("Boontrek Account") and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with certain third party social networking sites ("SNS") (including Facebook); each such account, a "Third Party Account", via our Site or Application, as described below. As part of the functionality of the Site, Application, and Services, you may link your Boontrek Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Boontrek through the Site, Services, or Application; or (ii) allowing Boontrek to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Boontrek and/or grant Boontrek access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Boontrek to pay any fees or making Boontrek subject to any usage limitations imposed by such third party service providers. By granting Boontrek access to any Third Party Accounts, you understand that Boontrek will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account ("SNS Content") so that it is available on and through the Site, Services, and Application via your Boontrek Account and Boontrek Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Boontrek Account on the Site, Services, and Application. Please note that if a Third Party Account or associated service becomes unavailable or Boontrek's access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Site, Services, and Application. You have the ability to disable the connection between your Boontrek Account and your Third Party Accounts, at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Boontrek makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement and Boontrek is not responsible for any SNS Content.
We will create your Boontrek Account and your Boontrek Account profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Boontrek Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current, and complete. Boontrek reserves the right to suspend or terminate your Boontrek Account and your access to the Site, Application, and Services if you create more than one (1) Boontrek Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Boontrek Account, whether or not you have authorized such activities or actions. You will immediately notify Boontrek of any unauthorized use of your Boontrek Account.
Ride and Request for Ride Listings
As a Member, you may create Listings. To this end, you will be asked a variety of questions about the Ride to be listed, including, but not limited to, the point of destination, the point of origination, timing and date of the Ride, pricing, related rules and financial terms, and whether the year, make, model, and color of the Personal Vehicle the Ride is being offered in is accurate and up to date including the advertised vehicle's, capacity, number of seatbelts, and features. In order to be featured in Listings via the Site, Application, and Services, all Rides must meet the Terms set forth herein. Listings may also be published by Riders requesting Rides from Drivers and will be asked a variety of questions including, but not limited to, the point of destination, the point of origination, the date and time of the requested Ride, the amount of cargo to be transported if applicable, the desired Ride Fee, and any special needs or requirements. Listings will be made publicly available via the Site, Application, and Services. Other Members will be able to book your Ride via the Site, Application, and Services based upon the information provided in your Listing. You understand and agree that once a Driver or Rider requests to book your Ride, the price for such booking may not be altered.
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of a Ride from Listing you posted on the Site, Application, and Services (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Ride or request for Ride included in a Listing you post. Please note that Boontrek assumes no responsibility for a Member's compliance with any applicable laws, rules and regulations. Boontrek reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Boontrek, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Site, Application, or Services.
YOU UNDERSTAND AND AGREE THAT BOONTREK DOES NOT ACT AS AN INSURER OR AS A CONTRACTING AGENT FOR YOU AS A DRIVER. If a Rider requests a booking of your Ride and rides to the agreed upon points or origin and destination, any agreement you enter into with such Rider is between you and the Rider and Boontrek is not a party thereto. Notwithstanding the foregoing, Boontrek serves as the limited authorized agent of the Driver for the purpose of accepting payments from Riders on behalf of the Driver and is responsible for transmitting such payments to the Driver.
When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Ride, including, but not limited to, requiring Members to have a profile picture or published phone number, in order to book your Ride. Any Member wishing to book Rides included in Listings with such requirements must meet these requirements.
If you are a Driver, Boontrek makes certain tools available to you to help you to make informed decisions about which Members you choose to book a Ride with. You acknowledge and agree that, as a Driver, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who are otherwise present at the Ride at your request or invitation, excluding the Rider (and the individuals the Rider invites to the Ride, if applicable.)
If you are a Rider, Boontrek makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking of a Ride. You acknowledge and agree that, as a Rider, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who are otherwise present for the Ride at your request or invitations as previously agreed upon by the Driver, excluding the Driver.
BOONTREK REQUIRES THAT ALL DRIVERS MAINTAIN AND SUBMIT PROOF OF SUFFICIENT, LEGALLY MANDATED LEVELS OF AUTO INSURANCE FOR THEIR PERSONAL VEHICLES WHILE OFFERING RIDES ON BOONTREK IN ADDITION TO OBTAINING ANY APPROPRIATE INSURANCE REQUIRED FOR OFFERING RIDES. Please review any insurance policy that you may have for your Personal Vehicle carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Riders (and the individuals the Rider invites to the Ride, if applicable) as well as cover your actions or inactions as Driver while providing a Ride in your Personal Vehicle.
Criminal Background Checks
As a means of providing greater Ride security during use of the Site, Application, and Services, Members may elect, for a fee, to have Boontrek perform an individual third party criminal background check and, in the event no negative items are identified, display an indication of the lack of such negative results on their Member profile for up to 12 months, at which point the initial check expires and Members must elect to have another check performed to maintain their positive indication. A criminal background check means looking up compiled criminal, arrest, incarceration, and sex offender public records for the requesting Member. BOONTREK MAKES NO WARRANTIES, GUARANTEES, OR REPRESENTATIONS ON BEHALF OF ANY MEMBERS INCLUDING THOSE THAT ELECT TO HAVE A CRIMINAL BACKGROUND CHECK PERFORMED, AS TO THE THOROUGHNESS OR ACCURACY OF THE INFORMATION, NOR DOES BOONTREK MAKE ANY ATTEMPT TO VERIFY THE IDENTITY OF THE MEMBER AND DOES NOT CONFIRM THAT THE MEMBER SUBMITTED INFORMATION IS ACCURATE, but only publishes an indication of having completed the check on the Member's profile if no negative information is found, as an additional resource for other Members to make more informed, educated, safe decisions about who they interact or Ride with while using Boontrek. Boontrek reserves the right to review and evaluate the results of each criminal background check, process and reasonably interpret potentially negative information in a manner that it deems pertinent to its business, relevant to Members, and necessary to aid in the continued safety of its Members, and in its sole discretion, may reject the allocation of a positive or favorable indication for a Member's profile in the event any item that constitutes negative information exists. If negative information is identified, thus not allowing for Boontrek to indicate the favorable or positive result, the Member is to be notified in writing of Boontrek's decision, including the basis for that decision and the resulting negative item or items, and is able to pursue, to the fullest extent, all remedies available and applicable to them under the law in investigating, resolving and, potentially removing the found negative items. If in the future the Member believes the identified negative items to be removed, Members may re-elect to have Boontrek perform another background check for a fee.
BOONTREK DOES NOT ENDORSE ANY MEMBERS, LISTINGS, OR RIDES. IN ADDITION, ALTHOUGH THESE TERMS REQUIRE MEMBERS TO PROVIDE ACCURATE INFORMATION, WE DO NOT ATTEMPT TO CONFIRM, AND DO NOT CONFIRM, ANY MEMBER'S PURPORTED IDENTITY INCLUDING THOSE OF MEMBERS WHO HAVE OPTED TO DISPLAY THE FAVORABLE RESULTS FROM A REQUEST FOR BOONTREK TO PERFORM AN INDIVIDUAL CRIMINAL BACKGROUND CHECK TO BE VISIBLE IN THEIR PROFILE. YOU ARE RESPONSIBLE FOR DETERMINING THE IDENTITY AND SUITABILITY OF OTHERS WHO YOU CONTACT AND WHO CONTACT YOU VIA THE SITE, APPLICATION, AND SERVICES.
By using the Site, Application, or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Boontrek with respect to such actions or omissions. ACCORDINGLY, WE ENCOURAGE YOU TO COMMUNICATE DIRECTLY WITH OTHER MEMBERS ON THE SITE AND SERVICES REGARDING ANY BOOKINGS OR LISTINGS MADE BY YOU. This limitation shall not apply to any claim by a Driver against Boontrek regarding the remittance of payments received from a Rider by Boontrek on behalf of a Driver, which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability".
Bookings and Financial Terms for Drivers
If you are a Driver and a booking is requested for your Ride via the Site, Application, and Services, you will be required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by Boontrek in its sole discretion) or the booking request will be automatically cancelled. When a booking is requested via the Site, Application, and Services, we will share with you (i) the first and last name of the Rider who has requested the booking, (ii) a link to the Rider's Boontrek Account profile page, (iii) the names of any members of an SNS with whom you are "friends" or associated on the SNS if such individuals are also "friends" or associated with the Rider on such SNS, and (iv) an indication that the name that the Rider provided to Boontrek when the Rider became a Member matches the name that the Rider provided to the SNSs to which the Rider has linked his or her Boontrek Account, so that you can view such information before confirming or rejecting the booking. If you are unable to confirm or decide to reject a booking of a Ride within such 24 hour period, any amounts collected by Boontrek for the requested booking will be refunded to the applicable Rider's credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Rider, Boontrek will send you an email, text message, or message via the Application confirming such booking, depending on the selections you make via the Site, Application, and Services.
Booking and Financial Terms for Riders
If you are a Rider and a Driver indicates his ability to provide a Ride for your Ride request via the Site, Application, and Services, you will be required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by Boontrek at its sole discretion) or the booking request will automatically be cancelled. When a Driver notifies you they are able to meet your Ride request via the Site, Application, and Services, we will share with you (i) the first and last name of the Driver who has requested the booking, (ii) a link to the Driver's Boontrek Account profile page, (iii) the names of any members of an SNS with whom you are "friends" or associated on the SNS if such individuals are also "friends" or associated with the Driver on such SNS, and (iv) an indication that the name that the Driver provided to Boontrek when the Driver became a Member matches the name that the Driver provided to the SNSs to which the Driver has linked his or her Boontrek Account, so that you can view such information before confirming or rejecting the booking. Once the prospective Ride and amounts are mutually agreed upon as a match between the you and the Driver and the booking request is confirmed by Boontrek collecting the agreed upon amount from the your credit card, Boontrek will send you an email, text message, or message via the Application confirming such booking, depending on the selections you make via the Site, Application, and Services.
The fees displayed in each Listing are comprised of the Ride Fees (defined below) and the Rider Fees (defined below.) Where applicable, Taxes may be charged in addition to the Ride Fees and Rider Fees. The Ride Fees, the Rider Fees, and applicable Taxes are collectively referred to in these Terms as the "Total Fees." The amounts due and payable by a Rider solely relating to a Driver's or Rider's Ride are the "Ride Fees." Please note that it is the Driver and not Boontrek, which ultimately determine the Ride Fees, however this is done from a Ride Fee recommendation made by Boontrek based on several variables, including, but not limited to, the length of the journey, the types of assumed driving conditions over the proposed route, the fuel efficiency of the Driver's Personal Vehicle, vehicle depreciation, incurred tolls, congestion taxes, and carbon taxes, and the average, or market rate, Member Ride Fee for similar rides.
Boontrek charges a fee to Riders based upon a percentage of applicable Ride Fees, which are the "Rider Fees." The Rider Fees are added to the Ride Fees to calculate the Total Fees (which will also include applicable Taxes) displayed in the applicable Listing. Boontrek will collect the Total Fees at the time of booking confirmation (i.e. when the Driver confirms the booking within 24 hours of the booking request) and will initiate payment of the Rider Fees (less Boontrek's Driver Fees (defined below)) to the Driver within 24 hours of when the Rider was scheduled to arrive at their destination or when the Rider notifies Boontrek of their safe and satisfactory arrival at their destination, whichever occurs first.
Future Appointment of Boontrek as Payment Agent for Driver
Each Driver hereby appoints Boontrek as the Driver's limited agent solely for the purpose of collecting payments made by Riders on behalf of the Driver. Each Driver agrees that payment made by a Rider to Boontrek shall be considered the same as a payment made directly to the Driver and the Driver will make the Ride available to Rider in the agreed upon manner as if the Driver has received the Ride Fees. Each Driver agrees that, Boontrek may, in accordance with the cancellation policy selected by the Driver and reflected in the relevant Listing, (i) permit the Rider to cancel the booking and (ii) refund to the Rider that portion of the Ride Fees specified in the applicable cancellation policy. In accepting appointment as the limited authorized agent of the Driver, Boontrek assumes no liability for any acts or omissions of the Driver.
Please note that Boontrek does not currently charge fees for the creation of Listings. However, you acknowledge and agree that Boontrek reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that Boontrek will provide notice of any Listing fee collection via the Site, Application, and Services, prior to implementing such a Listing fee feature.
The Drivers, not Boontrek, are solely responsible for honoring any confirmed bookings and making available any Rides reserved through the Site, Application, and Services. If you, as a Rider, choose to enter into a transaction with a Driver for the booking of a Ride, you agree and understand that you will be required to enter into an agreement with the Driver and you agree to accept any terms, conditions, rules, and restrictions associated with such Ride imposed by the Driver. You acknowledge and agree that you, and not Boontrek, will be responsible for performing the obligations of any such agreements, that Boontrek is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Boontrek disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Boontrek is not a party to the agreement between you and the Driver, Boontrek acts as the Driver's payment agent for the limited purpose of accepting payments from you on behalf of the Driver. Upon your payment of amounts to Boontrek, which are due to the Driver, your payment obligation to the Driver for such amounts is extinguished, and Boontrek is responsible for remitting such amounts, less Boontrek's Driver Fees, to the Driver. In the event that Boontrek does not remit any such amounts to a Driver, such Driver will have recourse only against Boontrek.
Listings for Rides will specify the Total Fees. As noted above, the Driver is required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by Boontrek in its sole discretion) or the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Driver), any amounts collected by Boontrek will be refunded to such Rider, depending on the selections the Rider makes via the Site and Application, and any pre-authorization of such Rider's credit card will be released, if applicable.
You agree to pay Boontrek for the Total Fees for any booking requested in connection with your Boontrek Account if the applicable Driver confirms such requested bookings. In order to establish a booking pending the applicable Driver's confirmation of your requested booking, you understand and agree that Boontrek, on behalf of the Driver, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting (i.e. one British pound) to verify your credit card. Once Boontrek receives confirmation of your booking from the applicable Driver, Boontrek will collect the Total Fees in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Listing. Please note that Boontrek cannot control any fees that may be charged to a Rider by his or her bank related to Boontrek's collection of the Total Fees, and Boontrek disclaims all liability in this regard.
Future Service Fees
In consideration for providing the Services, Boontrek collects service fees from Drivers and Riders ("Service Fees"). Service Fees are made up of two (2) components: (i) Rider Fees and (ii) a fee that is charged to the Driver based upon a percentage of the amount of the Ride Fees ("Driver Fees"). Where applicable, Taxes may also be charged in addition to the Driver Fees. Driver Fees are deducted from the Ride Fees before remitting the Ride Fees to the Driver, within 24 hours of when the Rider arrives at the applicable Ride. Rider Fees are, as noted above, included in the Total Fees.
Balances will be remitted by Boontrek to Drivers via check, PayPal, direct deposit, or other payment methods described on the Site or via the Application, in the Driver's currency of choice, depending upon the selections the Driver makes via the Site, Application, and Services. Please note that for any payments by Boontrek in currencies other than U.S. dollars, Boontrek may deduct foreign currency processing costs from such payments. Except as otherwise provided herein, Service Fees are non-refundable.
General Booking and Financial Terms
If, as a Rider, you cancel your requested booking before the requested booking is confirmed by a Driver, Boontrek will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Rider, you wish to cancel a confirmed booking made via the Site, Application, and Services, either prior to or after arriving at the Ride, the cancellation policy of the Driver contained in the applicable Listing will apply to such cancellation. Our ability to refund the Ride Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application.
If a Driver cancels a confirmed booking made via the Site, Services, and Application, (i) Boontrek will refund the Total Fees for such booking to the applicable Rider within a commercially reasonable time of the cancellation and (ii) the Rider will receive an email or other communication from Boontrek containing alternative Listings and other related information. If the Rider requests a booking from one of the alternative Listings and the Driver associated with such alternative Listing confirms the Rider's requested booking, then the Rider agrees to pay Boontrek the Total Fees relating to the confirmed booking for the Ride in the alternative Listing, in accordance with these Terms. If a Driver cancelled a confirmed booking and you, as a Rider, have not received an email or other communication from Boontrek, please contact Boontrek at http://www.boontrek.com/contact.
As part of the Services, Boontrek may provide a feature through which Members may view Total Fees for various Listings in foreign currencies. You understand and agree that these views of Total Fees are for informational purposes only and are not the official Total Fees for the Listings. If you (as a Rider) request a booking, you will be notified of the currency in which you will be charged together with the corresponding amount of Total Fees, if your booking is confirmed by a Driver. The currency in which you will be charged will be determined by Boontrek based on the payment method you select and the location of the Ride in the Listing you are booking. If the currency in which you will be charged is different from the currency chosen by the Driver to receive payment, Boontrek will be responsible for the required currency conversion processing, including the costs thereof, which will be calculated based on the most current applicable foreign exchange rate that Boontrek has uploaded to the Site as of the date and time that your booking is confirmed (the "Applicable Exchange Rate"). You acknowledge that the Applicable Exchange Rate used for currency conversion processing may not be identical to the applicable market rate in effect at the specific time such processing occurs because: (i) although Boontrek updates the Applicable Exchange Rate on a regular basis, it does not update such rate on a real-time basis; and (ii) the Applicable Exchange Rate may include an incremental cost or margin that is not included in the applicable market rate. For the avoidance of doubt, Boontrek will retain any profits (and will bear any losses) that result from such currency conversion processing due to changes in the applicable foreign exchange rate between the date your booking is confirmed and the date Boontrek makes payment to a Driver.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services, and Content. In connection with your use of our Site, Application, and Services, you may not and you agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, speed limit restrictions and Tax regulations;
- use manual or automated software, devices, scripts robots, or other means and processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Application, Services, or Content;
- use the Site, Application, or Services for any commercial or other purposes that are not expressly permitted by these Terms;
- copy, store, or otherwise access any information contained on the Site, Application, Services, or Content for purposes not expressly permitted by these Terms;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity, or contractual rights;
- interfere with or damage our Site, Application, or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology;
- use our Site, Application, or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card, or account numbers;
- use our Site, Application, or Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
- "stalk" or harass any other user of our Site, Application, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Boontrek Rider or Driver;
- offer, as a Driver, any Ride in a vehicle that you do not yourself own or possess written permission to use as a means of personal transportation for offering Rides on Boontrek (without limiting the foregoing, you will not list Rides as a Driver if you are serving in the capacity of a rental agent for a third party);
- offer, as a Driver, any Ride in a vehicle that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a vehicle rental agreement;
- register for more than one Boontrek Account or register for a Boontrek Account on behalf of an individual other than yourself;
- contact a Driver for any purpose other than asking a question related to a booking or Ride;
- contact a Rider for any purpose other than asking a question related to a booking or such Rider's use of the Site, Application, and Services;
- when acting as a Rider or otherwise, recruit or otherwise solicit any Driver or other Member to join third party services or websites that are competitive to Boontrek, without Boontrek's prior written approval;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- misrepresent the personal vehicle being used to offer Rides, or falsify or otherwise misrepresent said vehicle;
- use automated scripts to collect information or otherwise interact with the Site, Application or Services;
- use the Site, Application, and Services to find a Driver or Rider and then complete a booking of a Ride transaction independent of the Site, Application, or Services in order to circumvent the obligation to pay any Service Fees related to Boontrek's provision of the Services;
- as a Member, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor;
- post, upload, publish, submit, or transmit any Content that: (i) infringes, misappropriates, or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, vulgar, or offensive; (v) promotes discrimination against any sex, race, ethnicity, or sexual orientation, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities and substances;
- systematically retrieve data or other content from our Site, Application, or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory, or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- use, display, mirror, or frame the Site or Application, or any individual element within the Site, Services, or Application, Boontrek's name, any Boontrek trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Boontrek's express written consent;
- access, tamper with, or use non-public areas of the Site or Application, Boontrek's computer systems, or the technical delivery systems of Boontrek's providers;
- attempt to probe, scan, or test the vulnerability of any Boontrek system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Boontrek or any of Boontrek's providers or any other third party (including another user) to protect the Site, Services, Application, or Collective Content;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application ,or Collective Content to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site, Services, Application, or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing.
Boontrek will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Boontrek may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Boontrek has no obligation to monitor your access to or use of the Site, Application, Services, or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site, Application, and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Boontrek reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Boontrek, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services, and Collective Content, including all associated intellectual property rights is the exclusive property of Boontrek and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.
IF YOU CHOOSE TO USE THE SITE, APPLICATION, AND SERVICES YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT BOONTREK DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, RIDERS AND DRIVERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, AND COLLECTIVE CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BOONTREK EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. BOONTREK MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY RIDES, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. BOONTREK MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, RIDES, YOUR ACCRUAL OF BOONTREK TRAVEL CREDITS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BOONTREK OR THROUGH THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDNG, BUT NOT LIMITED TO, ANY DRIVERS OR RIDERS. YOU UNDERSTAND THAT BOONTREK DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION, OR SERVICES OR TO REVIEW OR VERIFY DRIVER'S PERSOANL FORMS OF TRANSPORTATION, OR INDIVIDUALLY LISTED RIDES. BOONTREK MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION, OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION, OR SERVICES. YOU AGREE TO TAKE ALL REASONABLE PRECAUTIONS DURING ANY AND ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS AND MEMBERS OF THE SITE, APPLICATION, OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, OR SERVICES, INCLUDING, BUT NOT LIMITED TO, DRIVERS AND RIDERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY BOONTREK. NOTWITHSTANDING BOONTREK'S APPOINTMENT AS THE LIMITED AGENT OF THE DRIVERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM RIDERS ON BEHALF OF THE DRIVERS, BOONTREK EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY MEMBER OR OTHER THIRD PARTY.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES, AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY RIDE VIA THE SITE, APPLICATION AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF BOONTREK WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER BOONTREK NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, OR FROM YOUR LISTING OR BOOKING OF ANY RIDE VIA THE SITE, APPLICATION, AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BOONTREK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE DRIVERS PURSUANT TO THESE TERMS, IN NO EVENT WILL BOONTREK'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION, AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY RIDE VIA THE SITE, APPLICATION, AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN HAVING A CRIMINAL BACKGROUND CHECK PERFORMED AND IN CONNECTION WITH ANY RIDE OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A RIDER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A DRIVER, THE AMOUNTS PAID BY BOONTREK TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BOONTREK AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold Boontrek and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of a Ride, (iii) creation of a Listing or (iv) the use, condition or rental of a Ride by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of a booking or use of a Ride and (d) your accrual of any Boontrek Travel Credits.
Export Control and Restricted Countries
You may not use, export, re-export, import, or transfer the Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported: (a) into any United States embargoed countries; or (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. By using the Site, Application, and Services, you represent and warrant that (i) neither you nor your listed Accommodation is located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Site, Application, and Services for any purpose prohibited by U.S. law, including the development, design, manufacture, or production of missiles, or nuclear, chemical or biological weapons. Boontrek does not permit Listings associated with certain countries due to U.S. embargo restrictions.
If you Ride with or provide a Ride to anyone who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent, or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Boontrek by contacting us with your police station and report number at http://www.boontrek.com/contact; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
These Terms constitute the entire and exclusive understanding and agreement between Boontrek and you regarding the Site, Application, Services, Collective Content, and any bookings or Listings of Rides made via the Site, Application, and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Boontrek and you regarding bookings or listings of Rides, the Site, Application, Services, and Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without Boontrek's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Boontrek may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Boontrek (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of the District of Columbia and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a court located in Washington, District of Columbia or a United States District Court, for any actions for which the parties retain 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, as set forth in the Dispute Resolution provision below.
You and Boontrek 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 to the use of the Services or use of the Site or Application (collectively, "Disputes") will be settled by binding arbitration, except that each party retains 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 Boontrek are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Boontrek 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.
Arbitration Location and Procedure. Unless you and Boontrek otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Boontrek submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary.
Arbitrator's Decision. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. 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.
Changes. Notwithstanding the provisions of the "Modification" section above, if Boontrek changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to http://www.boontrek.com/contact) within 30 days of the date such change became effective, as indicated in the "Last Updated Date" which will be shown above or in the date of Boontrek's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Boontrek in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
The failure of Boontrek to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Boontrek. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.