Terms and Conditions of Use (“Terms”)

EFFECTIVE DATE: March 2, 2020

GLOBAL TERMS

NAB Transportation Inc. d/b/a A Plus Transportation (referred to as the “Company”, “we”, “us”, “our” or “A Plus Transportation”) is pleased to provide to you (referred to as “You” or “User”) its sites, software, applications, content, products and services (“Company Services” or “Services”), which may be branded A Plus Transportationor another brand owned or licensed by the Company.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THESERVICES.

NOTHING IN THESE TERMS IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE. IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THESE TERMS, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.

General Consumer Use Terms and Conditions

1. Contract between You and Us

This is a contract between you, a user of this website/mobile application, and the Company, a Minnesota corporation with its principal offices located at 711 Hennepin Avenue, Suite 507, Minneapolis, Minnesota. You must read and agree to these terms before using the Company’sServices. If you do not agree, you may not use the Company’s Services. These terms describe the limited basis on which the Company Services are available and supersede prior agreements or arrangements.

We reserve the right, at our discretion, to change, modify, add or remove portions of the Terms at any time. Please check these terms periodically for changes and/or updates. Your continued use of the Company Services following the posting of changes to these Terms will mean you accept those changes.

We may immediately terminate this contract with respect to you (including your access to the Company Services) if you fail to comply with any provision of these terms.

2. The Company Services.

The Company Services include providing non-emergency, ambulatory and special needs transportation services to the Minnesota public at large for monetary compensation. The Company Services are available for scheduling via telephone or via this website. The Company Services includes the time and cost associated with dispatch, modifying trip requests and communicating with users towards the completion of the Company Services.

3. User Obligations

Persons purchasing the Company Services agree that all information provided to the Company regarding their or the person for whom they are requesting medical transportation needs shall be correct and accurate, including but not limited to all personal identifying information, geographical information regarding their requested pickup and destination locations, the level of service required to complete their medical transportation requested and the date and time associated with their transportation needs.

Persons purchasing the Company Services agree to cooperate with the Company and respond to all Company inquiries as is required toward the completion of Company Services and acknowledge their failure to do so may cause additional charges or the cancellation of the Company Services by Company in pursuance of this Agreement.

4. User Fees, Charges and Refunds

Upon your request for Company Services, the Company will provide you with an estimated cost of services quote, which you agree to reviewand which you shall only pay if you are in agreement with the sum and the terms of this Agreement.

The Company shall refund your full payment if the Company cancels your requested Company Services at any time prior to the scheduled pickup or if you request cancellation of your purchased Company Services at least 24 hours before your scheduled pickup time.You agree that the Company shall refund to you seventy percent (70%) of your payment amount if you cancelless than 24 hours before your scheduled pickup time EXCEPT you Agree that no refund of any amount shall be provided should you cancel your requested Company Services within 1 hour of your requested pick up timeor fail to comply with your requested Company Services.

The Company shall wait for a minimum of five (5) minutes upon arrival at the requested pickup designation, during which the Company shall use reasonable efforts to contact the subject of the requested Company Services or that person’s authorized responsible person. Following five minutes, the Company shall consider the requested Company Services abandoned and no refund shall be provided. The Company may, at is sole discretion, choose to wait longer than 5 minutes, however the user or the person who arranged for the Company Services shall be liable to the Company for a late surcharge fee in the sum of $5.00, which the Company may require be paid prior to the performance of the originally requested Company Services or which it may otherwise bill and collect from the user or the person who arranged for the Company Services.

Should you modify the Company Services associated with your trip after payment but before the Company performs the requested Company Services, the Company reserves the ability to charge you additional sums to reasonably reflect the requested changes and may require your prepayment prior to agreeing to perform the requested changed Company Services. You agree that should you decline to pay the additional services’ charge, the refund policies stated in the preceding paragraph apply and you may not receive any refund of your originally requested services.

5. Company Services involving Children and Vulnerable Adults

The Company provides harness car seats and booster seats as appropriate for young children, however no infant car seats are provided. You agree that it shall provide any infant car seat for children who are not of the manufacturer’s recommended age for the seat assistant devices offered by the Company.

You understand that the Company will not provide Company Services to any child or vulnerable adult who is not released to the Company’s custody by an adult identified to the Company prior to pickup. User agrees that it will not arrange for the delivery of any child or vulnerable adult to a facility, school or home who does not have an adult authorized to take receipt of the applicable child. The Company shall contact the proper governmental authorities if no authorized adult is present at delivery and a surcharge of $50.00 shall be charged to the user who arranged for the Company Services.

The Company shall provide Company Services only to those persons identified to the Company during the trip arrangement process, which shall include siblings or any other persons accompanying the subject of the Company Services.

6. Disclaimers and Limitation on Liability

DISCLAIMER.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY.

THE COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF THE COMPANY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE COMPANY SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND THE COMPANY'S REASONABLE CONTROL.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON THE COMPANY’S CHOICE OF LAW PROVISION SET FORTH BELOW.

7. Additional Restrictions on Use of the Company Services

You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage any Company Service or connected network, or interfere with any person or entity’s use or enjoyment of any Company Service. Additionally, you agree not to access, monitor or copy, or permit another person or entity to access, monitor or copy, any element of the Company Services using a robot, spider, scraper or other automated means or manual process without our express written permission.

8. Mobile Networks

When you access the Company Services through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain Company Services may be prohibited or restricted by your network provider and not all Company Services may work with your network provider or device.

9. Accounts, Passwords and Security

To use the Company Services, the Company may permit or require you to create an account to participate or to secure additional benefits. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us and your payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian.

We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers of copyright. In addition, we may suspend or terminate your account and your ability to use the Company Services if you engage in, encourage or advocate for illegal conduct, or if you fail to comply with these terms or any supplemental terms.

You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Company Services.

The security, integrity and confidentiality of your information are extremely important to us. We have implemented technical, administrative and physical security measures that are designed to protect your information from unauthorized access, disclosure, use and modification.

10. Binding Arbitration and Class Action Waiver

You and the Company agree to arbitrate all disputes between you and the Company or its affiliates, except disputes relating to the enforcement of the Company or its affiliates’ intellectual property rights. “Dispute” includes any dispute, action or other controversy between you and us concerning the Company Services or these terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis. You and the Company empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable.

In the event of a dispute, you or the Company must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You must send any notice of dispute to A Plus Transportation, 711 Hennepin Ave., Suite 507, Minneapolis, MN 55403, Attention: Legal/Arbitration Notice. We will send any notice of dispute to you at the contact information we have for you. You and the Company will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or we may commence arbitration. You may also litigate a dispute in small claims court if the dispute involves a claim for monetary damages in a sum less than $1000, whether or not you negotiated informally first.

If you and the Company do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes. For more information, visit www.adr.org or, in the United States, call 800-778-7879. Arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.

If you are a resident of the United States, arbitration will take place at any reasonable location convenient for you. For residents outside the United States, arbitration shall be initiated in the city of Minneapolis, Minnesota, United States of America, and you and the Company agree to submit to the personal jurisdiction of the federal or state courts located there, in order to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor the Company will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.

11. Choice of Forum

You agree that any action at law or in equity arising out of or relating to these terms or the Company Services that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in the county of Hennepin, Minnesota, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.

12. Choice of Law

These terms are governed by and construed in accordance with the laws of the State of Minnesota and the laws of the United States, without giving effect to any conflict of law principles.

13. Severability

If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

14. Survival

The provisions of these terms which by their nature should survive the termination of these terms shall survive such termination.

15. Waiver

No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.