SB Wine Shuttle - Terms

EOS TRANSPORTATION

WINE COUNTRY SHUTTLE TERMS AND CONDITIONS

effective as of July 2, 2018

 

  1. As a user of the website (the “Website”) of EOS Transportation, Inc., a California corporation (“EOS”) and/or purchaser of EOS’s Wine Country Shuttle Service (the “Service”), you agree to be subject to these Terms and Conditions. If you disagree with these Terms and Condition, you agree to leave the Website and cease use of the website. EOS reserves the right to deny access to the Website to any person who violates these Terms and Conditions.

 

  1. You agree and acknowledge that the Service includes shuttle transportation only (not wine tasting fees or meals) round-trip to and from wine country and back. Ticket purchases are nonrefundable, including in the case where the ticket is not used, and tickets may not be sold, transferred or assigned. All prices quoted or charged on the Website are subject to verification and shall be corrected by EOS should a discrepancy exist for any reason, including without limitation mistakes, errors, technical malfunction, programming errors, or any other reason.

 

  1. EOS drivers reserve the right to refuse service to any passenger. EOS drivers may, but shall not be obligated to, remove any passenger deemed by such driver to be inebriated to the point where they are pose a risk of danger or nuisance to the driver or other passengers. Any removed passenger shall be required to arrange for alternate transportation at the passenger’s own expense. In such case, the passenger’s ticket cost is nonrefundable. Notwithstanding the foregoing, EOS is in no way responsible for the conduct of passengers, including any damage to persons or property resulting therefrom.

 

  1. EOS makes no guarantees as to which wineries its shuttles will visit on any given day. Ticket exchanges for a different date shall be accommodated on a case-by-case basis.

 

  1. Passengers must remain seated while the vehicle is in motion, and must use seat belts where fitted.

 

  1. Passengers will be charged a minimum of Two Hundred Fifty Dollars ($250) for cleaning in the case of passenger activities such as food/drink spills and/or vomiting inside the vehicle and the like.

 

  1. Tours/activities may include some element of risk. EOS assumes no liability for illness or injuries to person or property. EOS reserves the right to alter, modify, or cancel a tour/activity due to bad weather, unsafe conditions, or at the request of governmental, park, or state agencies. EOS is not responsible for delays or service interruption due to mechanical failure, accidents, government actions, labor insurrection, traffic congestion, the act or omission of any other party, or other circumstances beyond EOS’s control. EOS is not responsible for lost or stolen articles left on board or at any venues visited during the tour/activity. In no event shall EOS be responsible for any damages arising by reason of customer’s own failure to follow instructions or purchase, use, or consumption of alcoholic beverages.

 

  1. You agree to indemnify and hold EOS, its affiliates, its officers, directors, shareholders, agents, and employees harmless from and against any costs, fines, claims, damages (including any damage to the vehicle), charges, or fees (including reasonable attorney’s fees) resulting from your negligence or willful misconduct.

 

  1. You agree and acknowledge that only true, accurate, current and complete information shall be provided to EOS. It is your responsibility to verify and ensure the accuracy of any information.

 

  1. You agree that your use of the Website is for personal use only. You shall not violate or attempt to violate the security of the Website, including by (a) accessing data not intended for you or a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Website, overloading, “flooding”, “mailbombing” or “crashing” or (d) forging any TCP/IP packet header or any part of the header information in any email. Violations of system or network security may result in civil or criminal liability. EOS will investigate occurrences which may involve such violations and may notify, and cooperate with, law enforcement in prosecuting those who are involved in such violations.

 

  1. The Website is owned, controlled, operated and administered by EOS from its offices within the United States. EOS makes no representation that materials or content available through the Website are appropriate, accessible or available for use outside the United States. If you access the Website from a location outside the United States, you are responsible for compliance with all local laws.

 

  1. EOS reserves the right, in its discretion, to change, modify, add or remove terms to or from these Terms and Conditions at any time without notice. Changes shall be effective immediately. You agree to review these Terms and Conditions periodically since subsequent use by you of the Website shall constitute your acceptance of any changes. If you have provided EOS with your email address, EOS will notify you by email of any changes to these Terms and Conditions.

 

  1. EOS (automatically and based on your voluntary input, including as necessary to obtain quotes or make a purchase) collects user information when you use its Website. Moreover, EOS may supplement data provided to us and collected with data from third party services. EOS may contact you to the extent you provide EOS with your consent to receive promotional emails and offers. To request removal from EOS’s email list, please email EOS at contact@eossantabarbara.com.

 

Cookies are small data files written to your computer’s hard drive by your web browser. Cookies can contain and/or automatically collect information, such as user identification codes or IP addresses, that a website will use to track the pages and number of times you visit. The data read from these cookies may be linked to personally identifying and non-personally identifying information. EOS and its partners use cookies and similar technologies on the Website to personalize and optimize your browsing experience and the Website by:

  • safeguarding against spam and malware,
  • analyzing trends, traffic, and user behavior,
  • administering the Website,
  • gathering demographic information about our user base as a whole,
  • tracking web and advertising analytics throughout the Website and affiliate websites,
  • remembering your preferences and voluntarily-submitted information,
  • performing location-related functionalities and analytics,
  • participating in market research (e.g., website ratings), and
  • educating ourselves about how we can continue to improve the Website and its various elements.

 Please email EOS at contact@eossantabarbara.com to manage your cookie preferences or learn more about our cookies practices and your right to decline (or opt-out of) cookies.

Most web browsers automatically accept cookies, but generally allow users to modify their browser settings to display a warning before accepting a cookie, to accept cookies only from certain websites, and/or to refuse all cookies.

The Website’s web and ad servers log information about a user’s IP address, browser type and the current URL the user is requesting. This information is always provided by a user’s browser and automatically logged by most websites. These log files are stored in a secure location and used in our internal analysis of traffic patterns within our website.

 

Our primary goal in collecting, using, and sharing user information is to enhance your experience on the Website, support the Website, and improve its features, performance, and other elements.

 

We use third-party providers for various Website services (including credit card processing, e-mail service and hosting services). When you use such services, your user information will be shared only as necessary for the third party to provide that service. These third parties are prohibited from using your user information for any other purpose. With respect to credit card processing, we do not collect, store, or process any credit card information. If you do not want your information to be shared, you can choose not to allow the transfer of your information by not using that particular service.

If you provide any personally identifiable information via an advertiser promotion, please be aware you are directly providing your personally identifiable information to that advertiser.

 

  1. In the event of a sale, merger, public offering, bankruptcy or other change in control of EOS, your information may be shared with the person or business that owns or controls this Website. Opting out of receiving information from third parties will not affect our right to transfer your information to a new owner, but your choices will continue to be respected regarding the use of your information.

 

  1. EOS may disclose your personal information if required to do so by law (e.g., for compliance with a subpoena) or in the good faith belief that such action is necessary to conform to the edicts of the law, protect your safety or the safety of others, investigate fraud or comply with a judicial proceeding, court order or legal process served on EOS or to protect and defend the rights or property of EOS.

 

  1. Notice to EU Individuals: EOS will not process your user information without a lawful basis to do so, as such bases are defined in Article 6 of the GDPR. In general, EOS will process your user information on the legal bases of consent, contract (if you have entered into an agreement with us and such processing is a necessary part thereof), or legal obligation (as noted above). EOS may also process certain user information on the basis of the following legitimate interests, provided that such interests are not overridden by your privacy rights and interests: delivering and continuing to develop and improve the Website, learning from your behavior on the Website (e.g., analyzing traffic) to better serve you and other Website users, helping us modify or enhance the Website and its content, receiving insight as to what users do (and don’t) like about our Website or aspects thereof, and providing a stable, consistent, and secure user experience in connection with the Website.

 

  1. We care about the protection of your user information and use industry standard safeguards to do so. Of course, it’s important to keep in mind that no data transmission on the Internet is guaranteed to be 100% secure. Your information is stored on EOS servers located in the United States. We use industry-standard physical, electronic, and organizational safeguards to protect your user information against loss or theft as well as unauthorized access and disclosure to protect your privacy. We treat data as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect such data from unauthorized access by users inside and outside EOS. However, “perfect security” does not exist on the Internet. If you are concerned that your privacy may have been breached, please contact us as provided herein.  Your user information may be transferred to other countries in connection with your use of the Website. If you access or use the Website outside of the United States, your user information will be transferred to our servers in the United States.

 

  1. All materials and services on the Website and on any third-party sites to which the Website provides links, are “as is” or “as available” without warranty of any kind. EOS is not responsible for the availability or content of other services linked to the Website. Because EOS has no control over such services, you acknowledge and agree that EOS is not responsible for the availability of the same, and that EOS does not endorse and is not responsible for any content, accuracy, quality, advertising, products or other materials on or available from such external services. You further acknowledge and agree that EOS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any content, goods or services available on or through such external services. The content published on the Website may include inaccuracies or typographical errors. Changes are periodically made to the information on the Website. EOS may make improvements and/or changes to the Website at any time. EOS makes no representation and, to the fullest extent allowed by law, disclaims all warranties, express or implied, including, without limitation, warranties of merchantability and fitness for a particular purposes regarding the suitability of information, the accuracy, reliability, or completeness of the content, services, products, text, graphics, links or other items contained within the Website or the results obtained from accessing and using the Website and/or the content contained therein. EOS does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that the Website, including the server that makes it available, are free of viruses or other harmful components. You assume the entire cost of all necessary maintenance, repair or correction of your computer, mobile device, or other equipment.

 

  1. As a condition of use of this Website, you agree to indemnify, defend and hold harmless EOS, its affiliates, and each of their respective partners, officers, directors, shareholders, members, employees, representatives, contractors and agents, from any and all claims (including, without limitation, claims for privacy) and damages (including attorneys’ fees and court costs) arising from or relating to (a) your use of the Website, (b) EOS’s use of any information you provide, as long as such use is not inconsistent with these Terms and Conditions, and (c) any violation by you of these Terms and Conditions. If you are dissatisfied with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Website. Under no circumstances, including, without limitation, negligence, shall EOS or its affiliates be liable for any direct, indirect, incidental, special or consequential damages resulting from the use of, or inability to use, Website content, unauthorized access to or alteration of your transmissions or data, Website content or any errors or omissions therein contained, even if advised of the possibility of such damages. Notwithstanding anything else to the contrary in these Terms and Conditions, the maximum liability of EOS and any of its employees, contractors or agents shall in no event exceed amounts paid by you to EOS.

 

  1. Any action connected to the transportation services and/or the Website shall be brought in, and you agree to submit to the exclusive jurisdiction of the state courts located in the State of California, County of Santa Barbara. If any provision of these Terms and Conditions is deemed to be invalid or unenforceable, that shall not affect the validity and enforceability of the remaining provisions and the invalid or unenforceable provision will be replaced with a provision or provisions having the same economic effect. Any cause of action or claim you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Any failure by EOS to enforce or exercise any provision of these Terms and Conditions or related right shall not constitute a waiver of that right or provision. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms and Conditions. EOS may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you.

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