Terms And Conditions
This agreement, titled "Service Agreement" establishes the legal relationship between Top Transportation Service Inc. ("Top Transportation Service") and you, whether you are acting individually or on behalf of an entity ("Client" or "you").
This Service Agreement ("Agreement") is a contractual arrangement between you ("Client") and Top Transportation Service Inc. ("Top Transportation Service") governing the procurement of bus charter services ("Charter Services") provided by either Top Transportation Service or a third-party charter company ("Charter Company") engaged by Top Transportation Service. By indicating your acceptance of this Agreement through actions such as clicking "I Agree," signing your name on the service agreement, making a reservation, or utilizing the Charter Services, you confirm that you are duly authorized to enter into this Agreement on behalf of yourself and your organization. You further affirm that your organization possesses the legal capacity to engage in these terms, and that you have comprehensively reviewed and understood this Agreement, agreeing to be bound by its provisions. Additionally, you acknowledge and accept full responsibility for the conduct of all passengers, guests, and invitees ("Passengers") aboard the buses provided by Top Transportation Service or any engaged third-party charter company ("Service Buses").
1. Quotes, Booking Service, Service Alterations, Fees, & Payments
All reservations quoted by Top Transportation Service are subject to vehicle availability at the time of booking. A quote does not constitute a confirmed reservation and does not guarantee availability of any vehicle. Top Transportation Service reserves the right to void or revise any quotation if the requested vehicle(s) become unavailable prior to receipt of a signed service agreement and confirmation of booking. Fees such as parking fees are subject to alteration without prior notice. By soliciting a quote from Top Transportation Service, you consent to receiving promotional emails, including sales, discounts, updates, and service information. You may unsubscribe at any time by following the instructions in any email we send.
The quoted rate for Charter Services serves as an estimate based on the information provided by you during the reservation process. Additional charges may apply, including taxes, credit card processing fees, bus damages, overtime, extended travel distances, and Excessive Cleaning fees. The Excessive Cleaning Fee, determined at the sole discretion of Top Transportation Service, shall be not less than $350. The actual fee will reflect the full cost of cleaning, sanitization, and restoration required to return the vehicle to service, which may exceed the minimum amount. Situations that may trigger an Excessive Cleaning Fee include, but are not limited to: (i) vomiting, urination, or defecation outside of a designated restroom; (ii) excessive trash or debris left in the vehicle; (iii) spilled food or beverages; (iv) the presence of strong or lingering odors from alcohol, tobacco, or marijuana; and (v) any other condition requiring professional cleaning, odor removal, or repair to restore the vehicle to serviceable condition. Client agrees to pay all such costs in full, including but not limited to professional cleaning services, sanitization, odor removal, and the repair or replacement of any damaged property.
Changes to reservations are subject to availability of Charter Services, payment of any applicable fees as determined by Top Transportation Service, and written approval from Top Transportation Service. All reservations become final within seven (7) days of the scheduled service date. Top Transportation Service assumes no responsibility for lost or undelivered confirmation emails resulting from online bookings. Clients are solely responsible for ensuring receipt of a confirmation email and must contact Top Transportation Service immediately if confirmation is not received.
Full payment for all services is due no later than seven (7) days prior to the scheduled service date. Accepted payment methods include check, credit card, Zelle, or bank transfer (ACH). Failure to remit payment by the required deadline may result in Top Transportation Service initiating payment using the financial institution information previously provided by Client at the time of reservation or from any prior transaction. Top Transportation Service reserves the right, at its sole discretion, to cancel any reservation for nonpayment. Client shall remain fully responsible for reimbursing Top Transportation Service for any additional expenses incurred in connection with the Charter Services, including but not limited to driver accommodations, tolls, parking fees, and additional stops. Top Transportation Service assumes no liability for any such Client-incurred expenses.
Client expressly authorizes Top Transportation Service to charge and process payments using any payment method previously provided to Top Transportation Service in connection with past reservations, including but not limited to ACH, credit card, debit card, or other electronic transfer. This authorization applies to all deposits, balances, fees, and charges owed under this Agreement and shall remain valid and enforceable until all such amounts are paid in full.
By accepting this Agreement, you irrevocably authorize Top Transportation Service to initiate charges and electronic transactions from your designated check, savings account, or credit card provided at the time of reservation, any past reservations, or subsequently provided for payment. This authorization shall remain in full force until Top Transportation Service receives written notice of cancellation at least seven (7) days prior to the intended effective date, and such cancellation is acknowledged in writing by Top Transportation Service. In the event any transaction is declined or returned, Top Transportation Service may immediately revoke the privilege of credit or debit card payments. All outstanding balances shall then become due and payable in full via certified check, wire transfer, ACH, or cash. Failure to remit full payment in accordance with these terms shall constitute a material breach of this Agreement, entitling Top Transportation Service to cancel reservations, impose applicable cancellation charges up to the full contract amount, and pursue all legal remedies, including collection actions and recovery of reasonable attorney’s fees and costs.
Top Transportation Service shall apply progressive late fees on all overdue balances, accruing at rates of 1.5% after fourteen (14) days past due, 5% after thirty (30) days past due, and 10% after forty-five (45) days or more past due, in addition to the principal balance owed. Clients electing to pay for Charter Services via Zelle, check, or ACH must provide a valid credit card to be kept on file as a secondary payment method. The credit card on file serves as a backup payment authorization to secure the reservation and ensure timely payment of all amounts owed.
If full payment is not received by the applicable deadline, Top Transportation Service may, at its sole discretion, initiate payment using the credit card on file for any unpaid balances. A credit card processing fee of four percent (4%) will be added to all such transactions.
In addition, any outstanding overtime, additional expenses, or post-service charges not paid promptly via Zelle, check, or ACH may be charged to the credit card on file, inclusive of the same four percent (4%) processing fee.
Client expressly authorizes Top Transportation Service to retain and use the credit card information provided for this or any prior reservation to process payments for deposits, balances, overtime, and incidental charges. This authorization shall remain valid and enforceable until all obligations under this Agreement are paid in full. Top Transportation Service reserves the right to cancel reservations, suspend future service, and pursue all legal and equitable remedies, including recovery of attorney’s fees and collection costs, for failure to maintain valid payment or fulfill payment obligations. Client expressly acknowledges that any dispute of fees or charges properly assessed and processed in accordance with this Agreement, including but not limited to service charges, cancellation fees, warranties, and waived conditions, shall constitute an Improperly Disputed Amount. Top Transportation Service shall be entitled to recover, and Client shall be obligated to pay, all reasonable costs and damages arising from such Improperly Disputed Amounts, including without limitation bank and financial institution fees, chargeback penalties, attorney’s fees, arbitration or court costs, collection expenses, and any consequential damages incurred by Top Transportation Service. Nonpayment of late fees or Improperly Disputed Amounts shall be deemed a material breach of this Agreement, entitling Top Transportation Service to suspend or cancel services without liability and pursue all available legal and equitable remedies.
Making a reservation under a false name, providing an invalid credit card number, or otherwise attempting to obtain services through fraudulent means is strictly prohibited and constitutes fraud. Top Transportation Service reserves the absolute right to prosecute fraudulent users to the fullest extent permitted by law. Any individual or entity that knowingly provides false, misleading, or incomplete information in connection with a reservation shall be jointly and severally liable to indemnify and hold harmless Top Transportation Service, its affiliates, officers, employees, and agents from all resulting losses. Such liability shall include, without limitation, liquidated damages of not less than $10,000 per involved company, plus all reasonable attorney’s fees, arbitration or court costs, investigative expenses, chargeback penalties, and any consequential damages incurred. This provision shall survive termination or cancellation of the reservation and shall be enforceable in addition to, and not in lieu of, any criminal or civil remedies available to Top Transportation Service.
2. Cancellations & Refund Policy
(a) Except as expressly provided herein, all payments made under this Agreement are non-refundable and shall be retained by Top Transportation Service, subject only to refund at the sole and absolute discretion of Top Transportation Service. Any cancellation made within seven (7) days of the scheduled service date shall result in a cancellation charge equal to one hundred percent (100%) of the contracted amount.
In the event of a verified mechanical breakdown or failure by a Service Bus to perform its obligations under this Agreement (a ‘Performance Failure’), Top Transportation Service may, in its sole discretion, issue a partial or full refund of deposits or Estimated Costs actually paid with respect to the affected Service Bus. Such remedy shall apply solely to the specific Service Bus that experienced the Performance Failure. No refunds of any kind shall be due with respect to any other Service Buses or Charter Services reserved under this Agreement, and Client remains fully liable for all deposits, Estimated Costs, and other amounts owed for those unaffected services.
(b) All cancellation requests must be submitted in writing to info@ttsshuttle.com. No cancellation shall be effective until confirmed in writing by Top Transportation Service.
(c) You shall be responsible for all cancellation or change fees assessed under this Agreement. All cancellation charges are final and non-transferable to future or alternative services, unless expressly authorized in writing by Top Transportation Service. In the event a reimbursement is approved, Top Transportation Service will deduct the non-refundable credit card processing fee (4%) from the reimbursed amount. Any reimbursement shall be issued solely at the discretion of Top Transportation Service and may be paid by check or credit card at its option.
(d) If the driver arrives at the scheduled pick-up location and the Client or designated contact cannot be located within sixty (60) minutes using the contact information provided in the reservation, the trip shall be deemed a no-show and the reservation cancelled. Client shall remain fully liable for one hundred percent (100%) of the Estimated Cost.
3. Overtime & Extra Charges
Overtime. Client shall be fully responsible for all overtime incurred. Overtime fees shall be billed at the hourly rate applicable to the Service Bus booked under this Agreement, as determined by Top Transportation Service in its sole discretion, together with all applicable taxes and fees. Availability of overtime is not guaranteed, and Client is advised to anticipate delays and adhere to the agreed-upon schedule. Time and charges commence upon the Service Bus’s arrival at the designated pick-up location. In the event of an address error, additional charges may apply for rerouting to the correct or alternate location.
(b) Additional Expenses. Client shall be responsible for all expenses incurred in connection with the Charter Services, including without limitation: (i) driver accommodations, (ii) tolls, (iii) parking fees, (iv) additional stops, and (v) any other expenses directly incurred during the service. If applicable to the service, client shall provide drivers with suitable private lodging that meets or exceeds a 2.5-star hotel/motel standard and includes a private room, shower, and bathroom. Failure to do so authorizes Top Transportation Service to secure alternative lodging, the full cost of which shall be borne by Client.
(c) Delays. For any transfer service delayed more than thirty (30) minutes beyond the scheduled pick-up time, Client shall be charged at an hourly rate established by Top Transportation Service, in addition to the full contracted service charge.
(d) Payment Authorization. Client expressly authorizes Top Transportation Service to charge and process payments for all deposits, balances, overtime, additional expenses, fees, and charges owed under this Agreement. Such charges may be applied to any payment method provided by Client, including but not limited to ACH, credit card, debit card, or other electronic transfer, whether provided for this reservation or any prior reservation. This authorization shall remain valid and enforceable until all amounts owed under this Agreement are paid in full.
4. Charter Services
(a) Top Transportation Service is a Charter Bus company that provides Charter Services to clients throughout California and other states. Top Transportation Service may provide the Charter Services through independent third party transportation carriers (the “Carriers”) that are directly responsible for providing the Charter Services to you. Top Transportation Service uses reasonable commercial efforts to ensure that all such Carriers are (i) DOT licensed, (ii) in compliance with all DOT and applicable laws, rules and regulations and (iii) qualified and able to provide the Charter Services. Notwithstanding the foregoing, Top Transportation Service shall not be responsible, and shall have no liability, for the acts or omissions of the Charter Company, including errors, late shows, the quality of the Service Bus, the performance of the drivers, any violations of applicable laws, rules or regulations or any failure to provide the Charter Services. (b) Due to availability, maintenance, or breakdowns images of buses and other vehicles presented on the Website or Email may differ from the actual Service Buses. Top Transportation Service may substitute smaller vehicles with larger ones. (c) Top Transportation Service cannot guarantee any of the following (collectively, the “Waived Conditions”): the specific make, model, year, or specific bus appearance of the Service Bus, the functionality of the hvac, air-conditioning or plumbing (including on-board restrooms) on the Service Bus, the availability or working condition of requested amenities including to on-board restrooms, wheel-chair lifts, WI-FI internet, DVD/TV equipment, USB charging, or electric plugs, the behavior of the drivers and how they treat the Passengers, the drivers use of a cell phone, the provision of the Charter Services if any of the Service Buses are affected by weather, mechanical breakdown, blown tires, motor vehicle accident or other similar events (collectively, the “Interference Events”). You acknowledge and agree that Top Transportation Service cannot guarantee the Waived Conditions and you specifically waive any claims against Top Transportation Service or right to terminate this Agreement or any refund related to or in connection with the Waived Conditions. With respect to any Interference Event, Top Transportation Service’s sole obligation is to use commercially reasonable efforts to obtain a replacement bus as soon as possible from Top Transportation Service or another Charter Company or to get the Service Bus operating again. (d) You acknowledge and agree that Service Buses and their drivers may not arrive on time for pickup, and may deliver Passengers later than their original scheduled arrival time. You specifically waive any claims against Top Transportation Service and the Charter Company or to terminate this Agreement or any sort of refund if the Service Bus is delayed due to events of Force Majeure, including GPS malfunctions, GPS signal problems, incorrect route information on the GPS, road closures, or traffic delays. In addition, you acknowledge and agree that certain road and vehicle conditions may require the Service Bus to travel slower than usual. The speed at which to travel, the route and any other trip related decisions shall be solely determined by the driver in their sole discretion. Notwithstanding the foregoing, Top Transportation Service shall use commercially reasonable efforts, within normal business hours to notify you of any potential delays. (e) Unless agreed to in writing at the time of the reservation, Top Transportation Service is not obligated to provide buses or drivers that are SPAB certified / school certified, DOD certified, or require special permits or certificates. Cancellation for such reasons shall not relieve you of cancellation charges as set forth in Section 2. (f) You agree that Top Transportation Service or Charter Company may reserve a reasonable number of seats on the Service Bus to allow any required additional drivers or support staff to travel on the Service Bus. (g) Top Transportation Service shall not be responsible for any lost or damaged items. Top Transportation Service reserves the right to charge a fee for returning any items found in the Service Buses. (h) Top Transportation Service, the Charter Company or the driver may terminate any trip without refund in its sole discretion, if (i) the driver or the dispatcher on duty feels that you or any of the Passengers are putting the driver, the Service Bus or any of the Passengers in danger or harm or (ii) you and/or any of the Passengers are in possession of any illegal material and/or substance(s). This is without exception. (i) Drivers are not responsible and Top Transportation Service will not be liable for taking attendance and/or roll calling names of passengers. Each group is responsible for having a group leader that will ensure all passengers are on the bus at the time of departure. (j) Drivers must follow FMCSA Hours of Service Regulations and other applicable regulations and shall not agree to any request to exceed the regulated FMCSA Hours of Service or to violate any other regulations. These regulations restrict driving time to ten (10) hours and duty time to fifteen (15) hours. Driving and duty time start and end at the garage. Unless agreed to in writing at the time of the reservation, Top Transportation Service is not obligated to arrange buses with more than one driver on each bus. Drivers are entitled to a hotel room in accordance with Section 4(b) no later than when they reach these restrictions on driving and/or duty times. Top Transportation Service may terminate any trip without refund in its sole discretion if you or any of the Passengers attempt to force the driver to exceed regulated FMCSA Hours of Service or to violate any other applicable regulations. Additional detail can be found on the FMCSA website: https://www.fmcsa.dot.gov/ (k) Top Transportation Service may provide explicit recommendations either written or verbal in regards to estimated travel times, pick up times, and or drop off times with respect to a bus service. Top Transportation Service does not assume liability for any delays and or monetary losses with respect to delays for any recommend estimated travel times, pick up times, and or drop off times.
5. Warranties; Exclusions and Liability Restrictions
(a) Warranties. Each party represents and warrants to the other that (a) it has the full power to enter into this Agreement and to perform its obligations hereunder, (b) this Agreement constitutes a legal, valid and binding obligation of such party, enforceable against such party in accordance with its terms, and (c) this Agreement does not contravene, violate or conflict with any other agreement of such party. (b) Exclusions. Except as specifically provided in this agreement, Top Transportation Service makes, and Top Transportation Service expressly disclaims, any representations or warranties in connection with this agreement, the charter services, the service buses or the charter carrier, whether express, implied, statutory or otherwise, including, without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement of third party rights, title, any warranties arising out of a course of performance, dealing or trade usage, and their equivalents under the laws of any jurisdiction. Without limitation to the foregoing, Top Transportation Service does not provide any warranty or undertaking and makes no representation of any kind, whether express, implied, statutory or otherwise, that with respect to the charter services or the service buses will meet your requirements or achieve any intended results. You expressly agree that the charter services and the service buses are provided on an “as is” and “as available”, “with all faults” basis and without warranties or representations of any kind either express or implied. (c) Liability Restrictions. Top Transportation Service shall not be liable to you or any of your passengers for any special, consequential, punitive, incidental, or indirect damages, or any damages for lost data, business interruption, lost profits, lost revenue or lost business, arising out of or in connection with this agreement, the charter services or the service buses however caused and based on any theory of liability, arising out of this agreement, the charter services or the service buses, whether or not Top Transportation Service has been advised of the possibility of such damage, and notwithstanding any failure of essential purpose of any limited remedy. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply. In such cases, Top Transportation Service’s liability will be limited to the fullest extent permitted by applicable law. In no event will Top Transportation Service’s total liability to you for all damages, losses, and causes of action arising out of or relating to this Agreement or the Charter Services (whether in contract, tort including negligence, warranty, or otherwise), exceed the amount paid by you, if any, to Top Transportation Service during the twelve (12) months immediately preceding the date of the claim, or five thousand dollars ($5,000.00), whichever is greater. The essential purpose of this provision is to limit the potential liability of Top Transportation Service arising out of this Agreement or the Charter Services whether for breach of contract, negligence, or otherwise. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. (d) You acknowledge and agree that Top Transportation Service is providing the Charter Services and other services, sets its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Top Transportation Service, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Top Transportation Service. Top Transportation Service would not be able to provide the Charter Services to you on an economically reasonable basis without these limitations. (e) Neither Top Transportation Service nor Charter Company shall be liable for any delay or failure in its performance of any of the acts required by this Agreement or the Charter Services, when such delay or failure arises from circumstances beyond the control and without the fault or negligence of such party (“Force Majeure”). Such causes may include, without limitation, traffic, mechanical breakdowns, road conditions, acts of local, state or national governments or public agencies, acts of public enemies, acts of civil or military authority, labor disputes, utility or communication failures or delays, earthquakes, fire, flood, other natural disasters, epidemics, riots or strikes. The time for performance of any act delayed by any such event may be postponed for a period equal to the period of such delay.
6. License
In situations where You engage Top Transportation Service to provide Charter Services to an event (each, an “Event”) You own or are directly hosting or sponsoring, You hereby grant to Top Transportation Service a perpetual, fully paid, non-exclusive, and royalty-free license to utilize Your trade names, trademarks, service marks, logos, domain names, marks or other business identifiers related to such Event (collectively, the “Marks”) within the scope of license (the “Scope”) defined in Section 7(c) below. (b) In situations where You engage Top Transportation Service to provide Charter Services to an Event that is owned, hosted or sponsored by a third party, You covenant, warrant and agree to obtain from such third party a perpetual, fully paid, non-exclusive, and royalty-free license to utilize such third party’s trade names, trademarks, service marks, logos, domain names, marks or other business identifiers related to such Event (collectively, the “Third Party Marks”) within the scope of license (the “Scope”) defined below. (c) For the purposes of this Agreement, the “Scope” shall mean Top Transportation Service’s use of the Marks or Third Party Marks, as the case may be, to advertise and promote Top Transportation Service’s Charter Services by publicizing the fact that Top Transportation Service has provided such Charter Services to or on behalf of such Event.
7. Indemnification
You shall indemnify and hold harmless Top Transportation Service, and each of its officers, directors, agents, contractors, subcontractors, licensees and employees (collectively referred to as the “Top Transportation Service Indemnitees”), and each of them, against and from any and all third party allegations, demands, claims, liabilities, damages, fines, penalties or costs of whatever nature (including reasonable attorneys’ fees), and whether by reason of death of or injury to any person or loss of or damage to any property or otherwise, (“Top Transportation Service Claims”), arising out of or in any way connected with (a) any actual or alleged violation or breach by you (including any of your employees, contractors, or passengers) of any of the terms and conditions of this Agreement, (b) violation of any law, rule or regulation, (c) use of the Website by you (including any of your employees or contractors) on behalf of yourself or any third party, (d) any failure to procure the license rights contemplated under Section 7(b) above, and (e) the acts or omissions of you (including any of your employees and contractors). If any Top Transportation Service Claim is made or any action or proceeding is brought against Top Transportation Service Indemnitees, or any of them, any such Top Transportation Service Indemnitee may, by notice to you, require you, at your expense, to resist such Top Transportation Service Claim or take over the defense of any such action or proceeding and employ counsel for such purpose, such counsel to be subject to the prior approval of such Top Transportation Service Indemnitee. Your reimbursement, indemnity and contribution obligations under this Section 7 shall be in addition to any liability that you may otherwise have, and shall extend upon the same terms and conditions to Top Transportation Service Indemnitees. You and Top Transportation Service agree that any dispute, claim or controversy at law or equity that arises out of this Agreement or the Charter Services (a “Claim”) will be resolved in accordance with this Section 8 or as Top Transportation Service and you otherwise agree in writing.
8. Jurisdiction and Legal Resolution
Choice of Law. This agreement shall be governed in all respects by the laws of the state of California, without regard to its conflict of law provisions. Each party irrevocably and unconditionally waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in any legal action, proceeding, cause of action or counterclaim arising out of or relating to any claim or otherwise in connection with this agreement or the charter services. (b) Arbitration and Class Action Waiver. Please review as this affects your legal rights. (i) Arbitration. You agree that all claims between you and Top Transportation Service (whether or not such claim involves a third party) in connection with this agreement or the charter services will be resolved by binding individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes in Los Angeles County, California. You and Top Transportation Service hereby expressly waive trial by jury. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and Top Transportation Service would have in court may not be available in arbitration. Neither you nor Top Transportation Service will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. You are giving up your right to participate as a class representative or class member on any class claim you may have against Top Transportation Service, including any right to class arbitration or any consolidation of individual arbitrations.You also agree not to participate in claims brought in by a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Top Transportation Service is a party to the proceeding.This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Top Transportation Service or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms. (ii) Judicial Forum for Disputes. In the event that the agreement to arbitrate under this Section 8(b) is found not to apply to you or your claim, you and Top Transportation Service agree that any judicial proceeding (other than small claims actions) must be brought, solely and exclusively in, and will be subject to the service of process and other applicable procedural rules of the federal or state courts of Los Angeles County, California. Both you and Top Transportation Service consent to venue and personal jurisdiction there. Notwithstanding the foregoing, Top Transportation Service may bring a claim for equitable relief in any court with proper jurisdiction. (iii) This arbitration agreement will survive the termination of this Agreement or your relationship with Top Transportation Service. (c) Improperly Filed Claims. All claims you bring against Top Transportation Service must be resolved in accordance with Section 8. All claims filed or brought contrary to Section 8 shall be considered improperly filed. Should you file a claim contrary to Section 8, Top Transportation Service may recover attorneys’ fees and costs up to $15,000, provided that Top Transportation Service has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim. (e) Limitation on Time to File Claims. Any cause of action or claim you may have arising out of or relating to this Agreement or the Charter Services must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred
9. Non-Disparagement.
You agree to take no action which is intended, or would reasonably be expected, to harm the Company or its or their reputation or which would reasonably be expected to lead to unwanted or unfavorable publicity to the Company. Should you take action intended, or would reasonably be expected, to harm the reputation of Top Transportation Service, Top Transportation Service may recover attorneys’ fees and costs up to $20,000.
10. Miscellaneous.
(a) In the event that any provision of this Agreement shall be adjudged illegal or otherwise unenforceable, such provision shall be severed and the balance of this Agreement shall continue in full force and effect. (b) The waiver by Top Transportation Service of any breach of any provision of this Agreement shall not operate or be construed as a waiver of any other breach. (d) All notices pursuant to this Agreement to either party shall be in writing and shall be personally delivered or mailed by overnight courier, or transmitted electronically, fees prepaid. Notice shall be deemed given and effective on receipt by the party to whom such notice is directed.
To Top Transportation Service:
708 Vesta St.
Inglewood CA 90302
Email: info@ttsshuttle.com
Attn: Top Transportation Service Inc.
To Client: To such address as provided to Top Transportation Service
(e) Except as provided in Section 8, the rights and remedies of the parties hereunder shall not be exclusive, and are in addition to any of other rights provided by this Agreement or by law. (f) This Agreement is the entire agreement of the parties with respect to the Charter Services. Any additional terms or any modification to this Agreement shall not be binding on either party unless in a writing duly signed by the party to be charged. (g) This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you (by operation of law or otherwise), but may be assigned by Top Transportation Service without restriction. Any assignment attempted to be made in violation of this Agreement shall be void. (h) No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms. (i) Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 2(a) and 3- 9.