Agreement between LiveWire 99 Entertainment, LLC. (hereinafter referred to as ShondraCheris.com or Shondra Cheris) and Guest, regarding use of Website, Personal Travel Services and Travel Arrangements. SHONDRACHERIS.COM
DISPUTE RESOLUTION PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrarily of the controversy, dispute, demand, count, claim, or cause of action) between you and the Company and our employees, agents, successors, or assigns, regarding or relating to these the Site, Services or this Agreement, shall exclusively be settled through binding and confidential arbitration. Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”) or JAMS. As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s or JAMS’s rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes. You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT. You and SHONDRACHERIS.COM/LIVEWIRE 99 ENTERTAINMENT, LLC. must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR SHONDRACHERIS.COM/LIVEWIRE 99 ENTERTAINMENT, LLC. MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (4) we also reserve the right in our sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitrator’s award shall be final and may be enforced in any court of competent jurisdiction; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by the applicable law. Notwithstanding the foregoing, either you or we may bring an individual action in small claims court. Further, claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Prince William County, Virginia. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Prince William County, Virginia in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Prince William County, Virginia for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate. With the exception of subparts (1) and (2) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Agreement, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subparts (1) and (2) in the paragraph above (prohibiting arbitration on a class or collective basis) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in Prince William County, Virginia. Notwithstanding any provision in this Agreement to the contrary, if we seek to terminate the Dispute Resolution section as included in the Agreement, any such termination shall not be effective until 30 days after the version of the Agreement not containing the agreement to arbitrate is posted to the Site, and shall not be effective as to any claim of which you provided the Company with written notice prior to the date of termination. For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org. For more information on JAMS, it’s Rules and Procedures, and how to file an arbitration claim, you may call JAMS at 800-352-5267 or visit the JAMS website at http://www.jamsadr.com. Any and all controversies, disputes, demands, counts, claims, or causes of action between you and the Company and our employees, agents, successors, or assigns, regarding or relating to these the Site, Services or this Agreement, shall exclusively be governed by the internal laws of the State of Virginia, without regard to its choice of law rules and without regard to conflicts of laws principles except that the arbitration provision shall be governed by the Federal Arbitration Act.
This Agreement constitutes the entire agreement between you and SHONDRACHERIS.COM. regarding the use of the Site and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to SHONDRACHERIS.COM. is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign this Agreement. The terms of this Agreement shall be binding upon assignees. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings.
TERMS AND CONDITIONS OF BOOKING
The following Terms and Conditions apply to every booking, whether online utilizing the Website or via phone or email or both. By booking online, via phone or email, you agree to be bound by the following terms and conditions and acknowledge having read and agreed to the terms and conditions below. ShondraCheris.com/LiveWire 99 Entertainment is acting as a mere agent for suppliers in selling travel-related services, or in accepting reservations or bookings for services that are not directly supplied by this travel agency (such as air and ground transportation, hotel accommodations, meals, tours, cruises, etc.). This agency, therefore, shall not be responsible for breach of contract of any intentional or careless actions or omissions on part of such suppliers, which result in any loss, damage, delay, or injury to you or your travel companions or group members. Unless the term “guaranteed” is specifically stated in writing on your tickets, invoice, or reservation itinerary, we do not guarantee any of such suppliers’ rates, bookings, reservations, connections, scheduling, or handling of personal effects. LiveWire 99 Entertainment shall not be responsible for any injuries, damages, or losses caused to any traveler in connection with terrorist activities, social or labor unrest, mechanical or construction failures or difficulties, diseases, local laws, climactic conditions, criminal acts or abnormal conditions or developments, or any other actions, omissions, or conditions outside the travel agent’s control. Traveler assumes complete and full responsibility for, and hereby releases the agent from any duty of, checking and verifying any and all passport, visa, vaccination, or other entry requirements of each destination, and all safely or security conditions at such destinations, during the length of the proposed travel. For information concerning possible dangers at international destinations, contact the Travel Advisory Section of the U.S. State Department (202) 6475225. For medical information, contact the Center for Disease Control at http://wwwnc.cdc.gov/travel/. By embarking upon his/her travel, the traveler voluntarily assumes all risks involved in such travel, whether expected or unexpected. Traveler is hereby warned of such risks, and is advised to obtain appropriate insurance coverage against them. Traveler’s retention of tickets, reservations, or bookings after issuance shall constitute a consent to the above, and an agreement on his/her part to convey the contents hereto to his/her travel companions or group members.
WARRANTY DISCLAIMERS & LIMITATIONS OF LIABILITY
LIVEWIRE 99 ENTERTAINMENT MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION, CONTENT, SOFTWARE, MATERIALS, OR SERVICES PROVIDED BY OR CONTAINED ON THE WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THE WEBSITE BY NO MEANS CONSTITUTES SPONSORSHIP OR ENDORSEMENT OF SUCH PRODUCTS OR SERVICES. WE HEREBY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY WORKMANSHIP EFFORT, INFORMATIONAL CONTENT, TITLE AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. ALL OF THE INFORMATION, CONTENT, SOFTWARE PRODUCTS, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTY OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND THAT THE WEBSITE, ITS SERVERS, ANY ELECTRONIC TRANSMISSIONS AND/OR ANY ELECTRONIC MAIL SENT FROM US OR FROM OUR AFFILIATES OR THIRD PARTY SUPPLIERS IS FREE OF VIRUSES, DEFECTS, OR OTHER HARMFUL COMPONENTS. WE DISCLAIM ALL RESPONSIBILITY FOR ANY FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN TRANSMISSIONS OR INTERRUPTIONS IN THE RECEIPT OF TICKET ORDERS. THE INFORMATION, PRODUCTS, SOFTWARE AND SERVICES PROVIDED ON THE WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING BUT NOT LIMITED TO PRICING ERRORS. LIVEWIRE 99 ENTERTAINMENT, ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, LICENSEES AND AGENTS, ARE NOT RESPONSIBLE FOR, AND MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OF ANY INFORMATION OR DESCRIPTION OF THE INFORMATION, PRODUCTS, SOFTWARE, OR SERVICES CONTAINED IN OR PROVIDED BY THE WEBSITE OR THIRD PARTY SUPPLIERS, INCLUDING BUT NOT LIMITED TO THE INFORMATION PROVIDED REGARDING HOTEL, AIR, CRUISE, CAR RENTAL, VOUCHERS AND OTHER TRAVEL PRODUCTS AND SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE. THE THIRD PARTY SUPPLIERS AND ANY OTHER CARRIER, HOTEL OR OTHER SUPPLIER OF TRAVEL OR OTHER SERVICES OFFERED ON THE WEBSITE ARE INDEPENDENT CONTRACTORS AND ARE NOT AGENTS OR EMPLOYEES OF LIVEWIRE 99 ENTERTAINMENT OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, LICENSEES OR AGENTS. LIVEWIRE 99 ENTERTAINMENT IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF SUCH SUPPLIERS. LIVEWIRE 99 ENTERTAINMENT SHALL HAVE NO LIABILITY AND WILL MAKE NO REFUNDS, EXCEPT AS OTHERWISE PROVIDED HEREIN, FOR ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE, ACTS OF GOD, OR ANY OTHER CAUSES BEYOND OUR DIRECT CONTROL, AND SHALL HAVE NO FURTHER RESPONSIBILITY FOR ANY ADDITIONAL EXPENSES RELATING TO SAME. LiveWire 99 Entertainment IS NOT RESPONSIBLE FOR ANY THIRD PARTY SUPPLIER’S BREACH OF WARRANTY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR IS IT RESPONSIBLE FOR ANY OTHER WRONGDOING BY A THIRD PARTY SUPPLIER, INCLUDING ANY LIABILITY IN TORT, FOR ANY PRODUCTS OR SERVICES AVAILABLE ON THE WEBSITE. While LiveWire 99 Entertainment may link to third party websites and third party websites may link to the Website, LiveWire 99 Entertainment does not monitor or control the links and makes no representations or warranties, and is not liable for the accuracy of the information, content, products or services provided by the third party websites. Any concerns regarding the information, content, products or services provided by such websites should be directed to the particular website owner or service provider. The fact that a third party website has linked to LiveWire 99 Entertainment or that LiveWire 99 Entertainment has linked to a third party website by no means implies an endorsement, sponsorship, or recommendation by LiveWire 99 Entertainment of the third party or of the information, content, products or services of the third party. All of the ratings and reviews provided on the Website are proprietary to our methods of review, are intended only as general guidelines, and are not based on any independent agency reviews. In many cases the level of review is a “star” rating, whereby more stars indicate a higher rating. We do not guarantee the accuracy of such ratings and make no guarantee about the availability or quality of a particular product or service that may be offered. You are strongly urged to conduct an independent review of any hotel, resort or activity offered on the Website prior to booking a reservation. Travel to certain destinations may involve greater risk than others. We strongly urge you to review the travel prohibitions, warnings, announcements, and advisories issued by the United States Government prior to booking travel reservations to international destinations. We are not responsible for any activity or procedure that may be necessary in order to enjoy the use of the services offered on the Website, including but not limited to procuring or having possession of any passport or valid identification for travel. IF, DESPITE THE LIMITATIONS ABOVE, LIVEWIRE 99 ENTERTAINMENT, ITS AFFILIATES OR THE THIRD PARTY SUPPLIERS, ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RELATING TO ANY OF THE OCCURRENCES DESCRIBED ABOVE, YOU AGREE THAT THE LIABILITY OF LIVEWIRE 99 ENTERTAINMENT, ITS AFFILIATES AND/OR THE THIRD PARTY SUPPLIERS WILL IN NO EVENT EXCEED THE TOTAL CHARGE TO YOU FROM LIVEWIRE 99 ENTERTAINMENT IN CONNECTION WITH SUCH TRANSACTION.
You agree to defend and indemnify LiveWire 99 Entertainment, its affiliates, officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature (including but not limited to reasonable legal and accounting fees) brought on by third parties as a result of your breach of the terms and conditions of this Agreement, your use of the Website, or your violation of any law or the rights of a third party.
CREDIT CARD PAYMENT & SURCHARGES
In the event you make a payment by credit card and services are not provided by the third-party provider of services or products you hereby agree to NOT request a charge-back of associated fees/cost to ShondraCheris.com. You acknowledge that there maybe surcharges per your credit card usage agreement and you hereby do not hold ShondraCheris.com liable for these fees required by your credit card service provider.
THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. SHONDRACHERIS.COM DOES NOT GUARANTEE THE ACCURACY OF AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE HOTEL, AIR, CRUISE, CAR AND OTHER TRAVEL PRODUCTS DISPLAYED ON THIS WEBSITE (INCLUDING WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF HOTEL AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.) MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. IN ADDITION, SHONDRACHERIS.COM. EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON THE WEBSITE AND OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, YOU WILL HAVE THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR, AT YOUR OPTION YOU MAY CANCEL YOUR RESERVATION WITHOUT PENALTY. THE CARRIERS, HOTELS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES ON THIS WEBSITE ARE NOT AGENTS OR EMPLOYEES OF SHONDRACHERIS.COM , OR ITS AFFILIATES. WE ARE THEREFORE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. SHONDRACHERIS.COM AND ANY OF IT’S AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
INDEMNIFICATION ALL USERS AGREE TO DEFEND AND INDEMNIFY LIVEWIRE 99 ENTERTAINMENT, LLC./SHONDRACHERIS.COM, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY CLAIMS, CAUSES OF ACTION, DEMANDS, RECOVERIES, LOSSES, DAMAGES, FINES, PENALTIES OR OTHER COSTS OR EXPENSES OF ANY KIND OR NATURE BROUGHT ON BY THIRD PARITIES AS A RESULT OF YOUR BREACH OF THE TERMS AND CONDITIONS OF THE WEBSITE AND BOOKING REFERENCED HEREIN OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY. TRAVEL SERVICE DISCLOSURES LiveWire 99 Entertainment, LLC. is a seller of travel. • Florida: LiveWire 99 Entertainment is NOT a seller of travel in the State of Florida. • California: CST 2009218-20 via Funjet Vacations • Iowa: LiveWire 99 Entertainment is NOT a seller of travel in the State of Iowa. • Washington: LiveWire 99 Entertainment is NOT a seller of travel in the State of Washington. HOWEVER, VENDORS WHICH LIVEWIRE 99 ENTERTAINMENT/SHONDRA CHERIS PARTNERS WITH MAY BE REGISTERED AS SELLERS OF TRAVELS IN THOSE STATES WHERE SHONDRA CHERIS IS NOT REGISTERED. Terms & Conditions above is for LiveWire 99 Entertainment, LLC., ShondraCheris.com and all generated sites. Contact: LiveWire 99 Entertainment 14834 Potomac Branch Drive Woodbridge, VA 22911 202.596.1913 (Office)