1. Contractual Relationship
The following Terms of Use ("Terms") govern your access or use of the applications, websites, content, products, and services (section 3 below well defines the "Services") available in the United States and its territories and possessions operated by Ministerio Bethel (“Ministerio Bethel” and its parents, subsidiaries, employees, representatives, agents, affiliates, officers and directors (hereinafter collectively referred to as "Ministerio Bethel", or “our” ). Please carefully read our Terms as they define your legal rights and, form a lawful agreement between you and Ministerio Bethel. In these Terms, the words "including" and "include" mean "including, but not limited to."
Your access to and use of the Service confirms your compliance with these Terms. You may not access or use the Service if you disagree with any part of the Terms. These Terms explicitly displace prior contracts or engagements with you. These Terms and/or any Services are subject to an immediate termination, for any reason at any time, or Ministerio Bethel may effectively end any service offerings or deny your access to the Services in any portion.
IMPORTANT: PLEASE CAREFULLY READ THE ARBITRATION AGREEMENT EXPRESSED UNDERNEATH, AS YOU WILL BE REQUIRED TO RESOLVE DISPUTES WITH Ministerio Bethel ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. AS YOU ENTER THIS AGREEMENT, IT IS CLEARLY ACKNOWLEDGED THAT YOU HAVE FULLY REVIEWED AND UNDERSTAND ALL OF THE CONTENTS OF THIS AGREEMENT AND TOOK ADEQUATE TIME TO CONSIDER THE ALL PROBABLE CONSEQUENCES OF THIS IMPORTANT DECISION.
Supplementary terms may apply to particular Services, and such terms will be known to you in separate disclosures specifically per region (e.g., a specific city webpage on Ministerio Bethel.com) or associating with the applicable Service(s). Such Services include, but not limited to, policies for a particular activity, program, event or promotion. Supplemental terms are additionally included in the Terms for the purpose of the applicable Service(s), and are deemed to be part of the Terms. In case of a conflict, with respect to the applicable Services, the supplementary terms shall supersede these Terms.
Ministerio Bethel may revise the Terms at any time. Revisions are effective upon the posting by Ministerio Bethel on the website or in the revised policies or additional terms of the applicable Service(s). After such posting, your continuous access and/or use of the Services confirm that you agree to the revised terms. If you do not agree to any part of the revised Terms, you have a right to reject such changes by presenting Ministerio Bethel a written notice within 30 days of the change to (a) Ministerio Bethel’s email at ministeribethelapp@gmail.com, or (b) mail in or drop off at one of our registered service agent’s office, c/o Ministerio Bethel INC. Each state’s registered agent contact information is available on our website. Your notice of rejection must contain your full name and a clear indication of your intent to reject changes to these Terms. As you reject these changes, you are confirming that you continue to be bound by the Terms provided as you first agreed to the Terms or to any subsequent amendments to the Terms.
Ministerio Bethel may collect and use any personal information about the Service, and the details are set forth on our website under the Privacy Statements.
2. Arbitration Agreement
As set forth in this Arbitration Agreement, your consent to this Agreement represents that you agree to resolve any claim that you may have against Ministerio Bethel on an individual basis in arbitration. This is to prevent you from filing a class action, a collective action, or a representative action against Ministerio Bethel, as well as preventing you from joining or recovering relief from any ongoing or future action(s) brought against Ministerio Bethel by another person.
Agreement to Binding Arbitration Between You and Ministerio Bethel.
You agree to settle any dispute, claim or controversy between you and Ministerio Bethel of relating to or arising out of these Terms by binding arbitration, rather than in a court of law. The same agreement applies to the breach, existence, enforcement, termination, interpretation or validity thereof, or your accessibility or use of the Services at any time, either before or after to the date of your agreement to the Terms. You understand and confirm that you and Ministerio Bethel are both waiving the right to a jury trial as a plaintiff or participate as a class member in any purporting class or representative action proceeding. You and Ministerio Bethel agree that any of us can conduct any arbitration against the other only on an individual basis and not as a class member or as a plaintiff in any purporting class or representative action proceeding, unless you and Ministerio Bethel agree otherwise in written form. Conversely, you and Ministerio Bethel each maintain legal right to take an individual action in a small claims court and to seek injunctive or any other reasonable relief in a court of competent jurisdiction in precluding the actual or threatened infringement, violation or misappropriation of a party’s intellectual property, including but not limited to patents, trademarks, trade secrets, or copyrights.
Rules and Governing Law.
In accordance with the AAA’s Consumer Arbitration Rules and the Consumer Related Disputes Supplementary Procedures (the "AAA Rules") then in effect, the arbitration will be administered by the American Arbitration Association ("AAA") except as revised by this Arbitration Agreement. The AAA Rules and procedures are accessible on their website at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.
It is agreed by both parties that not any federal, state, or local court or agency but the arbitrator (“Arbitrator”) shall have exclusive authority in resolving any disputes, claims, or any other controversy related to the applicability, interpretation, enforceability or formation of this Arbitration Agreement, or all or any part of this Arbitration Agreement is claimed voidable. The Arbitrator’s responsibility shall include the determination of all threshold arbitrability problems, which includes any related problems to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, laches, delay, or estoppel.
Notwithstanding any choice of law or other provision in the Terms, it is agreed and acknowledged by both parties that this Arbitration Agreement is an evidence of the transaction relating to interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), and the arbitration shall be governed by its interpretation and enforcement and proceedings in accordance with thereto. It is the intention of both parties that the FAA and AAA Rules will forestall all state laws to the greatest extent allowed by the law. Any issue shall be decided under the laws of the state of Georgia if the FAA and AAA Rules are not applicable to such issue that occurs under this Arbitration Agreement or the enforcement thereof.
Process.
As specified in the AAA Rules, any party who wishes to begin arbitration must deliver the other party a written Demand for Arbitration. (The Demand for Arbitration Form and Consumer Arbitration Rules are provided on the AAA’s website at www.adr.org or by phone at 1-800-778-7879). The arbitrator must be either (1) a retired judge or (2) a licensed attorney to practice law in the state of Georgia, and will be designated by the parties from the AAA’s roster of consumer dispute arbitrators. In accordance to the AAA Rules, the AAA will select the Arbitrator if the parties are incapable of agreeing upon an Arbitrator within seven (7) calendar days of delivery of the Demand for Arbitration.
Location and Procedure.
The arbitration will be administered in the county where you reside unless you and Ministerio Bethel otherwise agree. If your claim amount does not exceed $10,000, or unless you request for a hearing or the Arbitrator decides a hearing is necessary, the arbitration will be handled solely on the underlying support of documents you and Ministerio Bethel submit to the Arbitrator. If your claim amount exceeds $10,000, the AAA Rules will determine your right to a hearing. In accordance with the AAA Rules, consistent with the expedited nature of arbitration, the arbitrator may direct an equitable exchange of information between the parties.
Arbitrator's Decision.
The AAA Rules specify the time to render an award by the Arbitrator. Any court having competent jurisdiction may be selected to enter the judgement on the arbitration award. The declaratory or injunctive relief may be awarded by the Arbitrator only in favor of the claimant and only to such an extent that is necessary to offer relief necessitate to the claimant’s individual claim. The Arbitrator’s judgment shall be final and be bounded by all parties. The Arbitrator’s judgment and a decision thereon shall not have any precedence or issue preclusion, collateral estoppel, consequence. To the extent under applicable law, you are entitled to an award of attorneys’ fees and expenses, if you are the prevailing party in the arbitration. Ministerio Bethel hereby waives all rights Ministerio Bethel may have under applicable law to recover, and will not seek attorneys’ fees and expenses if Ministerio Bethel is the prevailing party in the arbitration.
Fees.
You are responsible for paying any administrative, arbitrator, and AAA filing fees as exclusively described in the AAA Rules. However, Ministerio Bethel will cover all such fees if your claim amount for damages does not exceed $75,000, unless the Arbitrator decides that either the content of your claim or relief sought in your Demand for Arbitration was impetuous or was brought for an unacceptable purpose as measured by the standards indicated by Federal Rule of Civil Procedure 11(b).
Changes.
Regardless of the above Section I, on the subject of agreeing to be bound by the Term amendments, if any changes are made to these Terms by Ministerio Bethel after the date you gave your first consent to the Terms or to any additional changes to the Terms, if you do not agree to any part of the revised Terms, you have a right to reject such changes by presenting Ministerio Bethel a written notice within 30 days of the change to (a) Ministerio Bethel’s email at change-dr@Ministerio Bethel.com, or (b) mail in or drop off at one of our registered service agent’s office, c/o Ministerio Bethel INC. Each state’s registered agent contact information is available on our website. The notice of rejection must contain your full name and clear indication of your intent to reject changes to these Terms. As you reject these changes, you are confirming that you continue to be bound by the Terms provided as you first agreed to the Terms or to any subsequent amendments to the Terms.
Severability and Survival.
If any part of this Arbitration Agreement is invalid, unlawful or incapable of being enforced by any law for any reasons, (1) shall sever such a provision from these Terms; (2) such severance of a provision shall not have any impact on the rest of the Arbitration Agreement or the ability of any parties to compel arbitration of any remainder claims on an individual basis in accordance with the Arbitration Agreement; and (3) therefore any claims must proceed on a collective, class, consolidated, or representative basis, to the extent that such claims shall be litigated in a civil court of competent jurisdiction and not in arbitration. Both parties give consent that litigation of those claims must stay pending the result of any individual claims in arbitration.
3. The Services
The Services consist of both mobile applications and any related services (collectively, “Application”), which allow users to schedule and arrange transportation, logistics services and/or delivery services, purchase certain goods, including purchasing services and goods from third party providers that are contracted with Ministerio Bethel or certain of Ministerio Bethel’s third party providers (“affiliates”). In certain occurrences the Services may comprise a choice to receive transportation, logistics services and/or delivery services for a price in advance, depending on approval by the corresponding affiliates. Unless otherwise you and Ministerio Bethel agree in a supplemental written agreement, the purpose of the Services is made to be obtainable solely for your personal, non-commercial use.
YOU FULLY ACKNOWLEDGE THAT YOUR ACCESSIBILITY TO OBTAIN TRANSPORTATION, LOGISTICS SERVICES AND/OR DELIVERY SERVICES BY USING THE SERVICES DOES NOT INITIATE OR INDICATE THAT Ministerio Bethel IS A PROVIDER OF THE TRANSPORTATION, LOGISTICS SERVICES OR DELIVERY SERVICES OR A TRANSPORTATION CARRIER.
License.
Subject to your full compliance and agreement with these Terms, Ministerio Bethel hereby permits you and you accept, a limited, non-exclusive, non-transferable, non-sub-licensable, revocable license and right to access and use: (1) the App on your personal, non-commercial, device solely relating to your usage of the Services; and (2) of any information, content and any relevant materials that are made available and accessible through the Services, solely for your personal, non-commercial use in all cases. All other rights not specifically permitted herein are reserved by Ministerio Bethel and Ministerio Bethel’s licensors.
Restrictions.
Unless, otherwise, expressly set forth in these Terms, you may not: (1) delete or modify any trademark, service mark, copyrighted material or other proprietary notices or markings from any portion of the Services; (2) reproduce, replicate, modify, distribute, license, adapt, rent, sell, resell, transfer, translate, publicly display, publicly perform, transmit, stream, broadcast, create derivative works from, or , otherwise, exploit the Services; (3) decompile, reverse engineer or disassemble the Services unless permitted by applied laws; (4) link to, mirror or frame any part of the Services; (5) cause or launch any programs or scripts for the intention of scraping, crawling, indexing, surveying, or else data mining any portion of the Services or undeservedly burdening or impeding the process and/or functionality of any part of the Services; or (6) attempt to obtain unofficial access to or damage any part of the Services or its associated systems or networks.
Provision of the Services.
You acknowledge that portions of the Services may be made available under Ministerio Bethel's various brands or request selections linked with transportation or logistics, together with the transportation request brands presently indicated as "Ministerio Bethel," "Ministerio BethelS," "Ministerio BethelXL," "Ministerio BethelLUX," and the logistics request products presently indicated as "Ministerio BethelOn-Demand" You also acknowledge that the Services may be made available under such brands or request selections by or in association with: (1) assured of Ministerio Bethel's subsidiaries and affiliates; or (2) independent Third Party Providers, including drivers of Transportation Network Company, holders of Transportation Charter Permit, or holders of similar transportation permits, licenses or authorizations.
Third Party Services and Content.
Ministerio Bethel may make the Services available or accessible to you integrated with third party services and content, which includes advertising, that Ministerio Bethel does not have control over. Different terms of use and privacy rules and policies may be applicable to your accessibility and use of such third party services and contents. Thus, Ministerio Bethel does not authorize such third party services and contents, Ministerio Bethel shall not be accountable or liable for any goods and/or services of such third party providers. In addition, a third-party beneficiary to this contract will be Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited if you access the Services using Apps created for Apple, iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. The above third party beneficiaries are not the parties to this agreement, thus, are not liable for any provision or support of the Services by any means. You are subject to the terms expressed in the applicable third party beneficiary’s Terms of Services as you access and use any third party services utilizing these devices.
Ownership.
The Ministerio Bethel Services, Content and all rights therein are the property of Ministerio Bethel or Ministerio Bethel’s licensors. The Terms or your use of the Services does not grant you any rights: (1) related to the Services except for the limited license expressly granted in these Agreements; or (2) to use or mention in any manner Ministerio Bethel’s logos, company names, product and service names, trademarks or service marks or markings from any portion of the Services or Ministerio Bethel’s licensors.
4. Access and Use of the Services
User Accounts.
You must register for and continue to remain an active personal user Services account (“Account”). You must be at least the age of eighteen (18), or, if different than 18, the age of legal majority in your jurisdiction to initiate an Account, unless, otherwise, a particular Service permits. Account registration process requires you to submit specific personal information, such as your full name, address, contact number, birthdate, and at least one existing and valid payment method accepted by Ministerio Bethel. You abide to maintain a complete, accurate and the latest information in your Account, including a valid or active payment method on file. Your failure to maintain such agreement may result in your Account disability and your inability to access or use of the Services. You are fully liable for all activities that occur under your Account. You abide for keeping confidentiality and security of your Account username and password at all times. You may only possess one Account unless, otherwise, permitted in written form by Ministerio Bethel.
User Requirements and Conduct.
The Ministerio Bethel Services are not available to use by persons under the age of eighteen (18). You agree that you are the sole authorized user to access your Account, and you may not authorize other persons to use your Account. Unless escorted by you, you must not allow persons under the age of 18 to receive transportation Services or logistics Services from Ministerio Bethel and/or Third Party Providers. You are not allowed to transfer your Account to any other persons or entity.
Your access or use of the Services indicates your agreement to fulfil all relevant laws, and you may not access or use the Services for unlawful purposes, for example, transport of unlawful or hazardous materials. During your access or use of the Services, whether to the Third Party Provider or any other persons, you may not cause nuisance, inconvenience, annoyance, or property damage. To access or use the Services, you may be asked to prove your identity by providing a method of identity verification, and you acknowledge that your access or use of the Services may be denied if you decline such request.
Text Messaging and Telephone Calls.
Ministerio Bethel may, in our sole discretion, create referral and/or promotional codes (“Promo Codes”) that may be redeemed for Account credits or discounts or other features or benefits relevant to the Services and/or a Third Party Provider’s services bound by any additional terms that Ministerio Bethel establishes. Your agreement includes that Promo Codes: (1) may only be used for the targeted audience and purpose, and in a legal manner; (2) shall not be reproduced, copied, sold or transferred in any way, or publicize, whether displayed to a public place or otherwise, unless explicitly permitted by Ministerio Bethel; (3) are subject to cancellation or change at any time for any reason without notice, or liability to Ministerio Bethel; (4) are only used in accordance with the specific terms that Ministerio Bethel establishes; (5) are not valid for cash; and (6) may expire, or only be active for a short period of time, prior to your use. Ministerio Bethel reserves the right to withhold or deduct credits or discounts or other features or benefits obtained through the use of the referral system or Promo Codes by you and/or other user in the occasion that Ministerio Bethel discovers or believes that the use or redemption of the referral system or the Promo Code was in error, illegal, fraudulent, or otherwise in violation of our Terms.
User Provided Content.
Ministerio Bethel may, in our sole discretion, authorize you every now and then to submit, upload, publish or otherwise contribute (“Post”) to Ministerio Bethel through the Services textual, visual, and audio and/or other types of content and information, including initiation and creation of support requests, comments, ideas or suggestions, feedback and other conversational elements relevant to the Services, and competitions and promotions entry submission ("User Content"). Your User Content remains your sole property at all times. Upon your submission of User Content to Ministerio Bethel, you give Ministerio Bethel a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, transferable right and license (and right to sublicense), to use, cache, publish, copy, modify, distribute, reformat, and make derivative works from, publicly display and perform, and utilize in any means such User Content in connection with the Services through Ministerio Bethel and Third Party Provider in all formats whether now known or hereafter created without prior notification to or consent from you, and without the payment to you or any other entity.
You hereby represent and warrant that: (1) you are either the sole and exclusive owner of all User Content or you retain ownership of all rights, licenses, consents and releases necessary to grant Ministerio Bethel the license to the User Content as expressed above; and (2) neither the User Content, nor your Post of such User Content, nor Ministerio Bethel's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property, publicity, privacy, or proprietary rights, or result in the violation of any applicable law or regulation.
You agree to not provide User Content, which is defamatory, unlawful, libelous, violent, hateful, obscene, pornographic, or otherwise offensive, as determined by Ministerio Bethel in our sole discretion, whether or not such material may be protected by law. Ministerio Bethel may, but has no obligation to, review, monitor, edit or remove User Content, at Ministerio Bethel's sole discretion and at any time and for any reason, without prior notification to you.
Network Access and Devices.
You are solely responsible to obtain the data network access necessaries to use the Services. If you access and use the Services on your mobile device, the data and message rates and fees may apply depending on your service plan with your wireless provider. You are responsible for acquiring and updating compatible hardware or devices essential to access and use the Services and App and any necessary updates thereto. Ministerio Bethel makes no guarantee that the Services, and any portion thereof, will operate on any hardware or device, and the Services may be subject to malfunctions, limitations and delays inherent in using the Internet and electronic communications.
5. Payment
You acknowledge that you understand you may be charged by access and use of the Services for the services or goods you receive (“Charges”). Ministerio Bethel shall receive and/or process your payment of the appropriate Charges for services or goods obtained through your access and use of the Services. All applicable taxes required by law will be included in Charges. All other inclusive Charges may be other applicable fees, booking fee, tolls, municipal tolls, and/or surcharges including airport surcharges, processing fees for split payments, and/or any other additional fees.
Ministerio Bethel will process all Charges and payments using the primary method of payment designated by you under your Account, which you will receive a payment notification receipt email after the payment is processed. You understand and agree that Ministerio Bethel may process a secondary method of payment, if provided, under your Account, if the designated primary method of payment is expired, invalid, or unable to be charged for any reasons. Unless otherwise expressed by Ministerio Bethel, all Charges paid by you are final and non-refundable.
As between you and Ministerio Bethel, in our sole discretion, Ministerio Bethel hereby reserves the right to establish, remove and/or revise Charges for all or part of services or goods obtained through the use of the Services on any occasion. In addition, you understand and agree that applicable Charges may rise significantly in certain geographical areas during times of high demand. In addition, although it is expressed in this agreement that regardless of your awareness you are solely responsible for Charges that incur under your Account, Ministerio Bethel will make reasonable efforts to notify you of such Charges or amount thereof that may apply. From time to time, certain users may enjoy discounts and promotions offered by Ministerio Bethel, which the same or similar goods or services obtained through the use of the Services may result in different amounts charged. Unless such promotional offers and discounts are also made available to you, you agree the offers shall have no relevance to your use of the Services or the Charges applicable to your Account. You may choose to cancel your request for Services at any time before such Services begin, which may result in a cancellation fee charged on behalf of a Third Party Provider. You may rate your experience and/or leave additional feedback on your received goods or services obtained through the Services. Depending on any payment obligations and agreements Ministerio Bethel has with any Third Party Providers or other third parties, Ministerio Bethel may use the proceeds of any Charges for any purpose. In respect to Third Party Providers, any Charges you are liable to in certain cases will be owed directly to Third Party Providers. On behalf of the Third Party Provider, Ministerio Bethel will act as their limited payment collection agent and collect payment of such Charges from you, and such payment shall be measured the same as a direct payment made by you to the Third Party Provider. You have the right to make requests to a Third Party Provider to reduce Charges for the goods and services you receive from a Third Party Provider during the time you receive such goods or services, and Charges that arise in such cases will be owed to the Third Party Provider. A Third Party Provider may request to modify the Charges for certain goods or services, which Ministerio Bethel will respond accordingly. This payment structure proposes to entirely compensate a Third Party Provider, if valid, for the goods and services obtained in relation to your use of the Services. In all other event where Ministerio Bethel is solely responsible for any obligations to Third Party Providers, Charges liable to you will be owed and paid directly to Ministerio Bethel or its affiliates. You have the right to make requests to Ministerio Bethel to reduce Charges for the goods and services you receive from a Third Party Provider during the time you receive such goods or services. You may request Ministerio Bethel to modify the Charges for certain goods or services, which Ministerio Bethel will respond accordingly. Ministerio Bethel does not assign any portion of your payment as a tip or gratuity to a Third Party Provider except as regards to taxicab transportation services requested through the App. Either on our website, in the App, or in our marketing materials, any representation by Ministerio Bethel to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for the goods and services provided is not meant to suggest that Ministerio Bethel provides any added amounts, beyond those mentioned above, to a Third Party Provider you may use.
You understand and agree that you may freely provide tips and gratuities to any Third Party Provider who make available to you with goods or services obtained through the Services, and tips and gratuities are voluntary payments and you are under no obligation to do so.
Repair, Cleaning or Lost and Found Fees.
In excess of normal wear-and-tear damages and obligatory cleaning (“Damage Fee”), you are solely responsible for any cost of damage repair to, or required cleaning of, vehicles and property resulting from access and use of the Services under your Account. In a case where a Damage Fee is reported and verified by Ministerio Bethel in our sole discretion, Ministerio Bethel reserves the right to process Damage Fee for the reasonable amount using your designated payment method under your Account. These amounts and those pertaining to lost or found goods will be transferred to a Third Party Provider by Ministerio Bethel, if applicable, and are non-refundable.
6. Disclaimers; Limitation of Liability; Indemnity.
DISCLAIMER.
YOU UNDERSTAND AND AGREE THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT EXPRESS, IMPLIED, WARRANTIES OR CONDITION OF ANY KIND, NOT EXPRESSED IN THESE TERMS. Ministerio Bethel DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Ministerio Bethel MAKES NO REPRESENTATION, GUARANTEE THE AVAILABILITY, RELIABILITY, ACCURACY, QUALITY, COMPLETENESS, SUITABILITY, OR TIMELINESS OF THE GOODS OR SERVICES OR THE SERVICES REQUESTED THROUGH THE USE OF THE SERVICES BY Ministerio Bethel OR A THIRD PARTY PROVIDER. YOU AGREE TO ACCEPT THAT ANY RISK ARISING DURING YOUR USE OF THE SERVICES, AND ANY GOODS OR SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, REMAINS SOLELY WITH YOU, TO THE FULLEST EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL Ministerio Bethel BE RESPONSIBLE OR LIABLE FOR (1) ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; (2) ANY DIRECT OR INDIRECT LOST DATA OR PROFITS, IN ANY EVENT ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OR INABILITY TO ACCESS OR USE THE SERVICES; (3) PERSONAL INJURY, PROPERTY OR ENVIRONMENTAL DAMAGE RELATED TO OR RESULTING FROM ANY USE OF THE SERVICES; OR (4) ANY TRANSACTION, TRANSPORTATION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER SERVICES, INCLUDING ANY DELAY OR FAILURE IN PROVIDING GOODS OR SERVICES, RESULTING FROM CAUSES BEYOND Ministerio Bethel’S REASONABLE CONTROL, REGARDLESS WHETHER Ministerio Bethel HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND/OR INCIDENT IN ANY CASE.
YOU ACKNOWLEDGE THAT TRANSPORTATION SERVICES PROVIDED BY ANY THIRD PARTY PROVIDER REQUESTED THROUGH SOME REQUEST PRODUCTS MAY OFFER RIDESHARING, RIDE-POOL OR PEER-TO-PEER TRANSPORTATION SERVICES, WHICH MAY NOT BE LICENSED OR PERMITTED. YOU MAY ACCESS AND USE THE SERVICES PROVIDED BY ANY THIRD PARTY PROVIDER THROUGH REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR LOGISTICS SERVICES, HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT Ministerio Bethel IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSPORTATION, GOODS, OR LOGISTICS SERVICES PROVIDED TO YOU BY ANY THIRD PARTY PROVIDER, UNLESS OTHERWISE EXPRESSLY SET OUT IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER SET ABOVE DO NOT INTENTIONALLY LIMIT LIABILITY OR ALTER YOUR CONSUMER RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARE NOT ALLOWED IN SOME STATES OR JURISDICTIONS THAT Ministerio Bethel’S LIABILITY SHALL BE LIMITED IN SUCH STATES OR JURISDICTIONS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THIS PROVISION SHALL NOT AFFECT Ministerio Bethel’S CHOICE OF LAW PROVISION SET OUT BELOW.
Indemnity.
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold Ministerio Bethel and its affiliates and their directors, officers, agents, and employees harmless from and against all damages, claims, losses, demands, liabilities, and expenses (including reasonable attorneys’ fees and costs), arising out of or relating to: (1) your use of the Services or goods or services obtained through your use of the Services; (2) your breach of these Terms; (3) use of any User Content; or (4) your violation of rights or of any law of a third party, including any Third Party Provider.
7. Other Provisions
Choice of Law.
These Terms are governed by in accordance with the laws of the State of Georgia, and only intended to specify the use of its state law to construe these Terms without regard to conflict of law principles, unless otherwise expressed in the Arbitration Agreement above or in additional terms applicable to your specific region, and not intended to create any other substantive right to non-Georgians to assert claims under Georgia law, whether by statute, common law, or otherwise. Unless otherwise expressed in Arbitration Agreement of these Terms, these provisions are only intended to specify the use of Georgia law to construe these Terms and the forum for disputes asserting a breach of these Terms, and these provisions shall not be interpreted as generally extending Georgia law to you if you do not otherwise reside in Georgia. The abovementioned choice of law and provisions of forum selection are not applicable to the Arbitration Agreement or to any arbitrable disputes as defined therein, and the Federal Arbitration Act shall apply to any such disputes.
Claims of Copyright Infringement.
Notice.
Any general notices on the Services given by Ministerio Bethel may be delivered to you at the contact information provided under your Account, such as electronic mail at your email address, telephone or text message on your phone number or in a written letter sent by pre-paid post or first class mail to any of your address. Such notice will be considered to have been given upon the expiration of 48 hours after mailing or posting via pre-paid post or first class mail or 12 hours after sending by email or telephone message. Any notices to Ministerio Bethel shall be considered given when received by Ministerio Bethel, at any time by pre-paid post or first class mail to our registered agent for service of process. Registered agent information for a specific state is available here.
General.
You shall not assign these Terms unless you have a prior written approval from Ministerio Bethel. Ministerio Bethel may assign these Terms without your consent to: (1) our affiliate or subsidiary; (2) an acquirer for Ministerio Bethel’s equity, business or assets; or (3) a successor through merger. Any claimed assignment in violation of this section shall be void. No partnership, joint venture, agency, or employment relationship exists between you, Ministerio Bethel or any Third Party Provider as a result of use of the Services or this Agreement. If any provision of these Terms is held to be unenforceable or invalid, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent of the law. Ministerio Bethel’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless recognized and agreed to by Ministerio Bethel in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.
Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Ministerio Bethel or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Ministerio Bethel's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Ministerio Bethel in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.