1 . Irvine Exec Transportation is not responsible for:Loss or damage to luggage worth more than $50, including contents. 2. Carry-on items that may be damaged in transit. 3. Cash, jewelry and computers. In no event shall Irvine Exec Transportation or any of its affiliates, or any of their officers, directors, employees, agents, representatives, information providers or licensors be liable for any direct, indirect, incidental, special, consequential, punitive or other damages (regardless of the form of action) arising out of (i) use of the service by any person, including but not limited to any damage caused by any reliance on, or any delays, inaccuracies, errors or omissions in, any information and content accessed over the service, (ii) any use or inability to use the service for whatever reason, including but not limited to communications failure or any other failure with transmission or delivery of any information accessed through the service, or (iii) any goods or services discussed, purchased or obtained, directly or indirectly, through the service, in each case even if advised of the possibility of such damages. This Agreement shall be governed by and construed in accordance with the laws of the State of California and the Federal Arbitration Act, without giving effect to any principles of conflicts of laws, and you hereby consent to the exclusive jurisdiction of the state and federal courts sitting in Los Angeles County, California.
You and Irvine Exec Transportation agree that any and all disputes and claims relating in any way to this Agreement (including the arbitration of any claim or dispute and the enforceability of this paragraph), with the exception set forth in the next paragraph, shall be submitted to and resolved by means of confidential arbitration conducted in the State of California, Los Angeles County. If you and Irvine Exec Transportation cannot agree on arbitrators, the Presiding Judge of the Los Angeles County Superior Court shall appoint them. The arbitration shall be conducted under the then prevailing Commercial Arbitration Rules of the American Arbitration Association (AAA). You and Irvine Exec Transportation may litigate in court only to compel arbitration under this Agreement or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrators. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby excluded, will not govern this Agreement. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other current or former user of the Service, whether through class arbitration proceedings or otherwise.
However, to the extent you have in any manner violated or threatened to violate Irvine Exec Transportation intellectual property rights, Irvine Exec Transportation may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts.
TCP 34427-P