These TOS disclose the terms and conditions of New Era Transportation Incorporated herein refer to as ("NET") applicable to this website and the services offered in connection herewith (the "Site"). We encourage you to read these Terms of Services carefully. For purposes of these Terms of Services, "NEW ERA TRANSPORT" means and includes NEW ERA TRANSPORT and its affiliates and subsidiaries and its and their investors, officers, directors, employees, affiliates, agents, representatives and assigns or any third parties. By accessing, viewing, and/or using (each a, "use") the Site, each user (individually, "User" and collectively, "Users") understands and agrees to be bound by all terms and conditions contained in these Terms of Services. If you object to anything in these Terms of Services or the NEW ERA TRANSPORT Privacy Policy, or otherwise do not understand or agree to be bound by these Terms of Services and the NEW ERA TRANSPORT Privacy Policy, do not use the Site and exit immediately. User may print a copy of these Terms of Services by using the print button or feature in the browser. NEW ERA TRANSPORT suggests retaining a copy for future reference. User understands and agrees that . NEW ERA TRANSPORT may revise these Terms of Services at any time, effective upon posting on the Site, and by continuing to use the Site, User agrees to be bound by future revisions. It is User's responsibility to periodically visit the "Terms of Services" link at the bottom of the home page to review the most current and revised of these Terms of Services. 1. Acceptance of Terms of Services Agreement. These Terms of Services set out the legal binding of terms and conditions applicable to the Site. These Terms of Services include NEW ERA TRANSPORT's Privacy Policy, which is incorporated herein by reference. In addition, by using the Site, User understands and agrees that these Terms of Services were provided to the User and that the User had an opportunity to review, decide and or decline to accept these Terms of Services. 2. The Site Offers a Venue. The Site offers an online venue to connect those seeking non-emergency medical transportation care services with those seeking to provide non-emergency medical transportation care services. User understands and agrees that NEW ERA TRANSPORT has no control over the acts or omissions of any User on or off the Site and that NEW ERA TRANSPORT makes no representations or warranties about the quality of the non-emergency transportation services provided by any User. User understands and agrees that NEW ERA TRANSPORT is not responsible for the performance or conduct, whether on or off the Site, of any User. As such, NEW ERA TRANSPORT expressly disclaims, and each User expressly releases NEW ERA TRANSPORT from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to the Site, including without limitation any acts and/or omissions of Users on or off the Site. 3. Transactions are Between Users; Release. Users transact between themselves. NEW ERA TRANSPORT expressly disclaims, and each User expressly releases NEW ERA TRANSPORT from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to disputes between Users. 4. Eligibility. By using the Site, User represents and warrants that it currently meets and will continue to meet the following eligibility conditions ("Eligibility Conditions") for as long as User uses the Site: (A) User is at least 18 years old and has and will at all times comply with all laws and regulations, including without limitation being legally authorized to work, in the jurisdiction in which User seeks to provide or receive services; (B) User has the right, authority and capacity to enter into these Terms of Services and to abide by all of terms and conditions in these Terms of Services; (C) Neither User, nor anyone in User's home or, as applicable, the location where non-emergency medical transportation care services are provided: (i) has been the subject of a complaint, restraining order or any other legal action involving violence, abuse, neglect, fraud, larceny, or any offense that involves endangering the safety of others; (ii) has been convicted of a crime of any nature, including any felony or misdemeanor of any kind, including without limitation any sexual, child abuse or domestic violence offenses; and/or (iii) has been and/or is currently required to register as a sex offender in any jurisdiction or with any government entity; and (D) neither User, nor anyone in User's home or, as applicable, the location where non-emergency medical transportation care services are provided is currently out on bail or on User's own recognizance pending trial, relating to any felony or misdemeanor charges of any kind, including without limitation sexual, child abuse or domestic violence offenses. By using this Site, User understands and agrees that NEW ERA TRANSPORT may rely on the above Eligibility Conditions representations and warranties as true. User understands and agrees that NEW ERA TRANSPORT may revise the Eligibility Conditions from time to time and require new conditions and certifications and that User will abide by such revised Eligibility Conditions or discontinue using the Site. User understands and agrees that NEW ERA TRANSPORT does not independently verify that any or all of the Eligibility Conditions are met by any other Users. User understands and agrees to make its own decisions and assessments about persons to engage. If NEW ERA TRANSPORT becomes aware of violations to the Eligibility Conditions by any other User, it may suspend and/or terminate such User's membership privileges with or without notice. Each such suspended and/or terminated User agrees to make no further use of the Site after termination or during suspension. NEW ERA TRANSPORT expressly disclaims, and each User expressly releases NEW ERA TRANSPORT from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to: (X) any inaccuracy, untimeliness or incompleteness of a User's Eligibility Conditions; (Y) any inaccuracy, untimeliness or incompleteness of information in any of the consumer reports (defined below); and/or (Z) misstatements and/or misrepresentations made by any Users. User hereby authorizes NEW ERA TRANSPORT to verify the above representations and warranties by User and User acknowledges and agrees that NEW ERA TRANSPORT shall have the right, but not the obligation, to verify such representations and warranties, which verification may include, without limitation, conducting criminal background checks, sex offender registry checks, motor vehicle records checks, identification verifications, credit checks and/or using available public records. User consents to any collection, use or disclosure in order to accomplish such verification. User agrees that NEW ERA TRANSPORT may take such action as it deems appropriate in its sole discretion, including without limitation suspending and/or terminating User's membership, should it determine in its sole discretion, that User has violated any representation or warranty or any other provision of these Terms of Services. Each such suspended and/or terminated User agrees to make no further use of the Site after termination or during suspension. 5. Consumer Reports. NEW ERA TRANSPORT may utilize third party consumer reporting agencies that perform, among other things, criminal background checks, sex offender registry checks, motor vehicle records checks and identification verifications ("consumer reports"). NEW ERA TRANSPORT does not endorse or make any representations or warranties regarding the reliability of such consumer reports or the accuracy, timeliness or completeness of any information in the consumer reports. NEW ERA TRANSPORT does not independently verify information in the consumer reports. User hereby consents to NEW ERA TRANSPORT collecting, using and disclosing the information in the consumer reports. User understands and agrees that NEW ERA TRANSPORT may, in its sole discretion, review and rely on the information in the consumer reports in deciding whether to suspend or terminate a User or to investigate a complaint about a User, but that NEW ERA TRANSPORT shall not be responsible or liable in any way in the event that any information in the consumer reports about any person, including without limitation any User, is not accurate, timely or complete. Users who are the subject of consumer reports may contact the service provider to dispute the accuracy, timeliness or completeness of such information. NEW ERA TRANSPORT reserves the right to suspend and/or terminate User based on information in the consumer reports or for any other reason in NEW ERA TRANSPORT's sole discretion. Records not available to third party consumer reporting agencies will not be included in the results. Not all arrest logs and records, conviction and correction records, sex offender registries and motor vehicle records are available in all jurisdictions. In many jurisdictions there is a delay before arrest logs and records, conviction and correction records, sex offender registries and motor vehicle records are included in background checks. Offenses for minors may not appear in the public record and are therefore not included in the results. Traffic violations are not included unless a jurisdiction reports them as criminal offenses. In the jurisdictions where traffic violations are reported as criminal offenses, such traffic violations may be included in the results as misdemeanors or felonies. 6. Use of this Site. User agrees to use the Site in a manner that is lawful, relevant and proper to the applicable forum. Any use of the Site that NEW ERA TRANSPORT, in its sole discretion, finds inappropriate and/or offensive may result in suspension and/or termination of a User with or without notice. NEW ERA TRANSPORT reserves the right to suspend and/or terminate any User with or without notice at any time in its sole discretion, for any reason or no reason. Each such suspended and/or terminated User agrees to make no further use of the Site after termination or during suspension. User understands and agrees not to, and not to permit or encourage anyone else to: Defame, abuse, harass, harm, stalk, threaten or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others; Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, name, information, materials or content; Use the Site for any purpose that is in violation of local, state, national, or international law, including without limitation wage/hour and working condition laws and regulations; Upload files that contain software or other material that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity; Upload files that contain viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network; Take any action that would undermine any aspect of the Site; Attempt to gain unauthorized access to the Site, other User accounts, or other device, computer system or networks connected to the Site; Advertise or offer to sell any goods or services for any commercial purpose on the Site that are not appropriate or relevant to the Site; Conduct or forward pyramid schemes, chain letters, surveys or contests on or through the Site, except where sponsored or created by NEW ERA TRANSPORT; Impersonate another person or allow any other person or entity to use your user name, password or membership; Post the same content repeatedly or spam - spamming is strictly prohibited; Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Site; Access, download, or copy any information, content and/or materials from the Site through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots or other such means); Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Site; or Restrict or inhibit any other User from using and enjoying the Site. NEW ERA TRANSPORT reserves all of its rights under the Communications Decency Act, including without limitation its right to remove anything objectionable to NEW ERA TRANSPORT in its sole discretion. User may report any alleged improprieties by any User to NEW ERA TRANSPORT by email at info@NEW ERA TRANSPORT.com 7. Account Security. User is responsible for maintaining the confidentiality of passwords and account information for the Site and User is fully responsible for all activities that occur under User's account. User agrees to immediately notify NEW ERA TRANSPORT of any unauthorized use of accounts or any other breach of security. 8. Links to Third Party Websites. The Site may contain links to third party websites, which links are provided solely for convenience. User understands and agrees that NEW ERA TRANSPORT does not control or endorse such third party websites, any products or services that are made available by such third parties or any advertisements displayed on, through or in connection with such third party websites. User understands and agrees that use of such third party websites is at their own risk, that such third party websites are governed by such third party's terms of services and privacy policies, and that NEW ERA TRANSPORT is not responsible for the privacy practices or other policies of such third party websites. NEW ERA TRANSPORT expressly disclaims, and each User expressly releases NEW ERA TRANSPORT from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to such third party websites, including without limitation such websites' availability, terms of services, privacy policy, information, content, materials, advertising, products and/or services. 9. COPPA Compliance. The Site is intended for people 18 and older. NEW ERA TRANSPORT will not knowingly collect any information from children under the age of 13. User must identify their age during the registration process. NEW ERA TRANSPORT expressly disclaims, and each User expressly releases NEW ERA TRANSPORT from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to any misrepresentations regarding the age of any User. NEW ERA TRANSPORT reserves the right to suspend and/or terminate with or without notice the membership of any User who it believes has provided false information when registering for and/or using the Site and each User agrees to make no further use of the Site after termination and/or during suspension. 10. User Information. "User Information" is defined as any information, content and/or materials User posts on the Site, submits to NEW ERA TRANSPORT and/or submits to any other User on or through the Site or by any other medium or method. NEW ERA TRANSPORT will use User Information in accordance with the NEW ERA TRANSPORT Privacy Policy. NEW ERA TRANSPORT acts as a passive conduit for User Information and User is solely responsible for its User Information. User Information, including without limitation in connection with registration and Users' profiles, is self-reported and User understands and agrees that NEW ERA TRANSPORT does not independently verify that any or all of the User Information is accurate, timely or complete. User understands and agrees to make its own decisions and assessments about persons to engage. NEW ERA TRANSPORT will not be responsible for the acts of other Users with respect to User Information. NEW ERA TRANSPORT expressly disclaims, and each User expressly releases NEW ERA TRANSPORT from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to any User Information, including without limitation to any acts of or reliance upon by other Users with respect to such User Information and/or any comments made by User about others. User represents and warrants that it is the owner or licensee or otherwise has the right to disclose such User Information and, in exchange for being permitted to use the Site, User grants to NEW ERA TRANSPORT an irrevocable, perpetual, non-exclusive, fully-paid, world-wide license to use, copy, perform, display, reproduce, adapt, modify, and distribute such User Information and to prepare derivative works of, or incorporate into other works and to grant sublicenses to any of the above. User represents and warrants that any User Information: (A) shall not be inaccurate, untimely, incomplete or misleading, including without limitation in connection with registration, User's profile and/or use of the Site; (B) shall not infringe any third party's rights, including without limitation copyright, patent, trademark, trade secret or other propriety right or rights of publicity or privacy; (C) shall not violate any law, statute, ordinance, or regulation, including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising or the provision of child care, elder care or health care; (D) shall not be defamatory, libelous, threatening or harassing; (E) shall not be obscene or contain pornography or be harmful to minors; (F) shall not contain any viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network; and (G) shall not create liability for NEW ERA TRANSPORT or cause NEW ERA TRANSPORT to lose (in whole or in part) the services of the NEW ERA TRANSPORT ISPs or other partners or supplies. NEW ERA TRANSPORT may, but is not obligated to, review or delete any User Information that, in NEW ERA TRANSPORT's sole discretion, violates these Terms of Service. If NEW ERA TRANSPORT becomes aware of inaccurate, untimely, incomplete or misleading User Information, it may suspend and/or terminate such User's membership with or without notice. Each such suspended and/or terminated User agrees to make no further use of the Site during suspension or after termination. 11. Prohibited Uses. The Site is for the use of individual Users only and may not be used in connection with any commercial endeavors (other than the direct employment of Users providing care services by Users seeking care services) without the express written consent of NEW ERA TRANSPORT. The Site may not be used by any person or organization to recruit for another website, solicit, advertise, or contact in any form Users for employment, contracting, or any other purpose for a business not affiliated with NEW ERA TRANSPORT without express written permission from NEW ERA TRANSPORT. User shall not use User Information in order to contact, advertise, solicit, or sell to any other User without their express consent. User may not collect User Information or any other information, materials or content on the Site, including without limitation names, phone numbers, email addresses, profiles, copyrighted text, or job listings, or otherwise misuse or misappropriate Site information, materials or content, using manual or automated means, including without limitation though web scraping, without express written permission from NEW ERA TRANSPORT. Should NEW ERA TRANSPORT have a reasonable basis to believe that User violated this section, NEW ERA TRANSPORT reserves the right, in addition to other remedies and at its sole discretion, to assess a $10,000 daily penalty fee for scraping and/or recruiting. 12. Fair Credit Reporting Act. If consumer reports that are governed by the Fair Credit Reporting Act, 15 USC 1681 ("FCRA") are used, User hereby represents and warrants that it will comply with the FCRA, which can be found at:http://www.ftc.gov/os/statutes/031224fcra.pdf or at www.ftc.gov. NEW ERA TRANSPORT provides a summary of FCRA rights for Users who authorize such consumer reports, and NEW ERA TRANSPORT also provides notice when NEW ERA TRANSPORT elects to terminate Users based on information in such consumer reports. User agrees to comply with any applicable provisions of the FCRA relevant to them at all times. NEW ERA TRANSPORT expressly disclaims any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to the use and sharing of any information in the consumer reports. 13. Billing and Payment Policy. NEW ERA TRANSPORT reserves the right, at any time, to modify its fees and/or billing methods. Upon registration for a paid membership, User agrees to pay NEW ERA TRANSPORT at the prices then in effect, and User authorizes NEW ERA TRANSPORT to charge its chosen payment provider in connection therewith. NEW ERA TRANSPORT reserves the right to correct any payment errors even if it has already requested and/or received payment. While use of the Site may be free for individual care providers, some services, including without limitation consumer reports, may be offered for a fee. NEW ERA TRANSPORT may use third party payment processing services to process credit card information. While NEW ERA TRANSPORT will use commercially reasonable efforts to protect the privacy of all personal and financial information, NEW ERA TRANSPORT expressly disclaims any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to NEW ERA TRANSPORT's use of third party payment processing services, including without limitation for any damage that may result should any such information be released to any third parties. For further information about NEW ERA TRANSPORT's use of payment processing services, please contact NEW ERA TRANSPORT by email at support@neweratransport.com. NEW ERA TRANSPORT may offer limited-time, free trial memberships or other promotions from time to time. If User continues their membership after the end of the free trial or promotional period, User will be charged the price then in effect for a monthly membership to the site. To avoid such charges, Users with free trial or promotional memberships must cancel their membership prior to the end of the free trial or promotional period. 14. Renewal and Cancellation. Memberships and some paid features ("Features") may be automatically extended for successive renewal periods of the same duration as the membership and/or Feature term originally selected. NEW ERA TRANSPORT may continue to renew memberships and/or Features until User requests a cancellation. To cancel a membership and/or Feature, User may contact NEW ERA TRANSPORT by phone at 888-CAL-NEW ERA TRANSPORT, by email at support@neweratransport.com, or by changing User's account settings. If User cancels its membership and/or Feature, User will have access to the membership benefits until the end of the then-current membership and/or Feature term; the membership and/or Feature will not be renewed after that term expires. User will not be eligible for a refund of any portion of the membership and/or Feature fees paid for the then-current membership and/or Feature period. NEW ERA TRANSPORT is not responsible for and will not reimburse any fees incurred by Users from their bank or other financial institution, including without limitation overdraft charges, insufficient funds charges, interest charges, or finance charges, which may have occurred as a result of charges billed by NEW ERA TRANSPORT. 15. No Professional Advice; Information Only. Any information, materials, content and/or advice on the Site, including without limitation the Compendium located at http://compendium.neweratransport.com, as well as on the Facebook pages, including without limitation at www.Facebook.com/neweratransport.com and www.Facebook.com/neweratransport.dod, and the Twitter pages, including without limitation at www.twitter.com/New Era Transport, are for informational purposes only. Before starting a project or activity listed in the Compendium, please see the Activity Safety Guide for information about the safe performance of the projects and activities in the Compendium. If Users have specific concerns or a situation arises requiring professional advice, Users should consult with an appropriately-trained and qualified professional. NEW ERA TRANSPORT expressly disclaims, and each User expressly releases NEW ERA TRANSPORT from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to the information, materials and content on the Site, including without limitation on the Compendium, Facebook page or Twitter. 16. Indemnification. USER AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS NEW ERA TRANSPORT FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES AND/OR LIABILITIES, INCLUDING REASONABLE ATTORNEY'S FEES AND COURT COSTS, INCURRED BY NEW ERA TRANSPORT IN ANY WAY RELATED TO USER'S: (A) ACTS AND/OR OMISSIONS ON OR OFF THE SITE; (B) BREACH OF THESE TERMS OF USE; (C) DISPUTES WITH OR BETWEEN OTHER USERS; (D) USE AND/OR MISUSE OF THE SITE, INCLUDING WITHOUT LIMITATION ANY INFORMATION, CONTENT AND/OR MATERIALS THEREON; (E) VIOLATION OF ANY APPLICABLE LAW OR REGULATION; (F) INACCURATE, UNTIMELY, INCOMPLETE OR MISLEADING USER INFORMATION, INCLUDING WITHOUT LIMITATION WITH RESPECT TO REGISTRATION, PROFILE, ELIGIBILITY CONDITIONS AND INFORMATION SUBMITTED IN CONNECTION WITH CONSUMER REPORTS; (G) MISSTATEMENTS AND/OR MISREPRESENTATIONS; (H) USE OF LINKS TO THIRD PARTY WEBSITES, INCLUDING WITHOUT LIMITATION SUCH WEBSITES' AVAILABILITY, TERMS OF USE, PRIVACY POLICY, INFORMATION, CONTENT, MATERIALS, ADVERTISING, PRODUCTS AND/OR SERVICES; (I) USER INFORMATION AND ANY ACTS OR OMISSIONS WITH RESPECT TO SUCH USER INFORMATION; (J) USE OF ANY INFORMATION IN THE CONSUMER REPORTS; (K) USE OF THIRD PARTY PAYMENT PROCESSING SERVICES; (L) USE OF PHONE SUPPORT SERVICES (DEFINED BELOW); AND/OR (M) USE OF ANY SERVICES OR PRODUCTS OR ANY CONTRACTS OR ARRANGEMENTS MADE OR PROVIDED BASED ON INFORMATION, CONTENT AND/OR MATERIALS OBTAINED ON OR THROUGH THE SITE. USER FURTHER AGREES THAT IT WILL COOPERATE AS REQUESTED BY NEW ERA TRANSPORT IN THE DEFENSE OF SUCH CLAIMS. NEW ERA TRANSPORT RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY USERS, AND USER SHALL NOT, IN ANY EVENT, SETTLE ANY CLAIM OR MATTER WITHOUT THE WRITTEN CONSENT OF NEW ERA TRANSPORT. 17. Suspension and Termination. NEW ERA TRANSPORT may suspend and/or terminate a User's membership for any reason or for no reason at all and with or without notice and/or refund, all in NEW ERA TRANSPORT's sole discretion. Suspension and/or termination of a User's membership may include restricting access to and use of the Site and may also include the deletion of the content associated with the User's membership. Each such suspended and/or terminated User agrees to make no further use of the Site during suspension or after termination. NEW ERA TRANSPORT reserves the right, but does not undertake any duty, to take appropriate legal action, including without limitation the pursuit of civil, criminal and/or injunctive redress against Users for continuing to use the Site during suspension or after termination, and User agrees that NEW ERA TRANSPORT may recover its reasonable attorney's fees and court costs from User for such actions. Even while the User's membership is suspended and after it is terminated, these Terms of Services will remain enforceable against such suspended and/or terminated User. All other terms that by their nature may survive suspension and/or termination of these Terms of Service shall also be deemed to survive such suspension and/or termination. 18. Intellectual Property Rights. All information, materials and content, including without limitation text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively "Proprietary Material") on the Site is owned by NEW ERA TRANSPORT or is used with permission. This Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. NEW ERA TRANSPORT also owns the coordination, selection, arrangement and enhancement of such Proprietary Materials as a collective work and/or compilation under the United States Copyright Act, as amended. User may not copy, download, use, redesign, reconfigure, or retransmit anything from the Site without NEW ERA TRANSPORT's prior express written permission. Furthermore, User is not allowed to post, distribute or reproduce any User Information that they do not own, or which they do not have permission to use. Violation of this policy may result in copyright, trademark or other intellectual property rights violations and liability, and subject User to termination or suspension from the Site and/or civil and/or criminal penalties. In addition, the Site contains material protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Any use of such Proprietary Material, other than as permitted herein, is expressly prohibited without the prior permission of NEW ERA TRANSPORT and/or the relevant right holder. The service marks, trademarks, logos and trade names appearing on this Site are owned by NEW ERA TRANSPORT or are appearing on the Site with permission of the respective owners and User acknowledges the rights of NEW ERA TRANSPORT and the respective third parties therein. User may not copy or use any of these service marks, trademarks, logos or trade names without the prior written permission of the owner. 19. Copyright Complaints and Copyright Agent. It is NEW ERA TRANSPORT's policy to terminate any User who infringes the rights of others upon receipt of notification to NEW ERA TRANSPORT by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA") to report alleged infringements. Upon receipt of proper notice of claimed infringement under the DMCA, NEW ERA TRANSPORT will respond to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. If you believe that your work has been copied and posted on or made accessible through the Site in a way that constitutes copyright infringement, please provide NEW ERA TRANSPORT’s designated agent with the following information: An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work or other intellectual property that is claimed to have been infringed, including the URL (Internet address) or other specific location on the Site where the material the User claims is infringed is located. Include enough information to allow NEW ERA TRANSPORT to locate the material; Your address, telephone number, and e-mail address; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and A statement by you made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. NEW ERA TRANSPORT's Copyright Agent for Notice of Claims of Copyright Infringement can be reached at the following address: by e-mail support@neweratransport.com, with the subject line "DMCA" or by mail, General Counsel and Copyright Agent, NEW ERA TRANSPORT, 4101 Dublin Blvd., #423, Dublin, CA 94568. 20. Notice of Availability of Filtering Software. Pursuant to the Communications Decency Act, all Users are hereby informed by NEW ERA TRANSPORT, the provider of this interactive computer service, that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov in the whitepaper entitled Children's Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies. 21. Privacy Policy. NEW ERA TRANSPORT's Privacy Policy located on the Site as modified by NEW ERA TRANSPORT from time to time is a part of these Terms of Use and is incorporated herein by this reference. By using the Site, User understands and agrees that User has reviewed and agrees to the Privacy Policy. 22. U.S. Export Controls. The Site is subject to United States export controls. No part of the Site may be exported or re-exported into any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Site, User represents and warrants that User is not located in, under the control of, or a national or resident of any such country or on any such list. 23. No Third Party Beneficiaries. User understands and agrees that, except as otherwise expressly provided in these Terms of Use, there shall be no third party beneficiaries to these Terms of Use. 24. Limited License. NEW ERA TRANSPORT grants User a nonexclusive, revocable right to use the Site for the authorized purposes stated in these Terms of Services provided that User does not: (A) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code; (B) modify or attempt to modify the Site in any manner or form; or (C) violate these Terms of Service. 25. Modifications to the Site. NEW ERA TRANSPORT reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Site and/or any information, materials or content on the Site with or without notice to Users. User agrees that NEW ERA TRANSPORT shall not be liable to User or any third party for any modification or discontinuance of the Site or any portion thereof. 26. No Joint Venture. User acknowledges that it is not legally affiliated with NEW ERA TRANSPORT in any way, and no independent contractor, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by User's use of the Site or these Terms of Services. As such, User shall not have, or hold out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on NEW ERA TRANSPORT, except as provided herein or authorized in writing by NEW ERA TRANSPORT. NEW ERA TRANSPORT is not an employment service or agency, does not serve as an employer of Users and does not recruit Users for employment, secure employment for Users or evaluate or test Users for employment purposes. 27. Limitations on Service. In the interest of maintaining the performance and availability of the Site and in enforcing these Terms of Service, NEW ERA TRANSPORT reserves the right to place certain limitations on Users' access to the Site. User acknowledges that this term supersedes any specific offer made by NEW ERA TRANSPORT and that these limitations may be enforced in NEW ERA TRANSPORT 's sole discretion. If User feels that these limitations are interfering with legitimate use of NEW ERA TRANSPORT in keeping with the Terms of Services, User agrees to refer this concern to NEW ERA TRANSPORT and abide by the determination of the NEW ERA TRANSPORT. 28. Disclaimer of Warranties. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, CUSTOM, USAGE, MERCHANTIBILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. USER EXPRESSLY AGREES THAT USE OF THE SITE IS AT USER'S SOLE RISK. NEW ERA TRANSPORT DOES NOT REPRESENT, OR WARRANT, AND FURTHER DISCLAIMS ANY AND ALL LIABILITY ASSOCIATED WITH, THE FOLLOWING: (A) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (B) THAT ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE SITE WILL BE RELIABLE, ACCURATE, TIMELY OR COMPLETE; (C) THE PROPER CONDUCT, WHETHER ON OR OFF THE SITE, OF ANY USERS; AND (D) THE USE OF PHONE SUPPORT SERVICES. NEW ERA TRANSPORT DOES NOT REPRESENT OR WARRANT THAT THE SITE IS FREE FROM VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, SPIDERS, CANCEL BOTS, CORRUPTED FILES, OR ANY OTHER SIMILAR SOFTWARE, MALWARE OR MATERIALS THAT MAY DAMAGE, INTERFERE WITH, DISRUPT, IMPAIR, DISABLE OR OTHERWISE OVERBURDEN THE OPERATION OF ANY DEVICE, COMPUTER SYSTEM OR NETWORK. SITTERCITY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT USER INFORMATION WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS AND SHALL NOT BE LIABLE THEREFOR. NEW ERA TRANSPORT SHALL NOT BE LIABLE FOR, AND EACH USER EXPRESSLY RELEASES NEW ERA TRANSPORT FROM, ANY AND ALL LIABILITY WHATSOEVER ARISES FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SITE. 29. Assumption of Risk. User assumes all risks when using the Site, including without limitation all of the risks associated with any online or offline interactions with other Users. User agrees to take all necessary precautions, including without limitation following the recommendations set forth in NEW ERA TRANSPORT 's Online Safety Tips located under the Tips & Tools tab of User's account, when interacting with other Users. 30. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL NEW ERA TRANSPORT BE LIABLE TO USER OR ANY OTHER USER OR THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE AGGREGATE LIABILITY OF NEW ERA TRANSPORT TO ANY USER WILL NOT EXCEED THE TOTAL AMOUNTS PAID BY USER IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. 31. Third Party Sponsors. If User's membership to and/or use of the Site is paid for or subsidized or sponsored by a third party, including without limitation User's employer (collectively, "Third Party Sponsor"), then User agrees to the following: (A) Release of Third Party Sponsor. USER EXPRESSLY AGREES TO RELEASE THIRD PARTY SPONSOR, AND THIRD PARTY SPONSOR HEREBY EXPRESSLY DISCLAIMS, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO: (I) THE SITE, INCLUDING WITHOUT LIMITATION ANY ACTS AND/OR OMISSIONS OF USERS ON OR OFF THE SITE; (II) DISPUTES BETWEEN USERS; (III) ANY INACCURACY, UNTIMELINESS OR INCOMPLETENESS OF A USER'S ELIGIBILITY CONDITIONS; (IV) ANY INACCURACY, UNTIMELINESS OR INCOMPLETENESS OF INFORMATION IN ANY OF THE CONSUMER REPORTS OR MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY ANY USERS; (V) THIRD PARTY WEBSITES, INCLUDING WITHOUT LIMITATION SUCH WEBSITES' AVAILABILITY, TERMS OF USE, PRIVACY POLICY, INFORMATION, CONTENT, MATERIALS, ADVERTISING, PRODUCTS AND/OR SERVICES; (VI) ANY MISREPRESENTATIONS REGARDING THE AGE OF ANY USER; (VII) ANY USER INFORMATION, INCLUDING WITHOUT LIMITATION TO ANY ACTS OF OR RELIANCE UPON BY OTHER USERS WITH RESPECT TO SUCH USER INFORMATION AND/OR ANY COMMENTS MADE BY USER ABOUT OTHERS; (VIII) THE USE AND SHARING OF ANY INFORMATION IN THE CONSUMER REPORTS; (IX) THE INFORMATION, MATERIALS AND CONTENT ON THE SITE, INCLUDING WITHOUT LIMITATION ON THE COMPENDIUM, FACEBOOK PAGE OR TWITTER; OR (X) THE USE OF PHONE SUPPORT SERVICES. (B) Indemnification of Third Party Sponsor. USER AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THIRD PARTY SPONSOR FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES AND/OR LIABILITIES, INCLUDING REASONABLE ATTORNEY'S FEES AND COURT COSTS, INCURRED BY THIRD PARTY SPONSOR IN ANY WAY RELATED TO USER'S: (I) ACTS AND/OR OMISSIONS ON OR OFF THE SITE; (II) BREACH OF THESE TERMS OF USE; (III) DISPUTES WITH OR BETWEEN OTHER USERS; (IV) USE AND/OR MISUSE OF THE SITE, INCLUDING WITHOUT LIMITATION ANY INFORMATION, CONTENT AND/OR MATERIALS THEREON; (V) VIOLATION OF ANY APPLICABLE LAW OR REGULATION; (VI) INACCURATE, UNTIMELY, INCOMPLETE OR MISLEADING USER INFORMATION, INCLUDING WITHOUT LIMITATION WITH RESPECT TO REGISTRATION, PROFILE, ELIGIBILITY CONDITIONS AND INFORMATION SUBMITTED IN CONNECTION WITH CONSUMER REPORTS; (VII) MISSTATEMENTS AND/OR MISREPRESENTATIONS; (VIII) USE OF LINKS TO THIRD PARTY WEBSITES, INCLUDING WITHOUT LIMITATION SUCH WEBSITES' AVAILABILITY, TERMS OF USE, PRIVACY POLICY, INFORMATION, CONTENT, MATERIALS, ADVERTISING, PRODUCTS AND/OR SERVICES; (IX) USER INFORMATION AND ANY ACTS OR OMISSIONS WITH RESPECT TO SUCH USER INFORMATION; (X) USE OF ANY INFORMATION IN THE CONSUMER REPORTS; (XI) USE OF THIRD PARTY PAYMENT PROCESSING SERVICES; (XII) USE OF ANY SERVICES OR PRODUCTS OR ANY CONTRACTS OR ARRANGEMENTS MADE OR PROVIDED BASED ON INFORMATION, CONTENT AND/OR MATERIALS OBTAINED ON OR THROUGH THE SITE; AND/OR (XIII) THE USE OF PHONE SUPPORT SERVICES. USER FURTHER AGREES THAT IT WILL COOPERATE AS REQUESTED BY THIRD PARTY SPONSOR IN THE DEFENSE OF SUCH CLAIMS. THIRD PARTY SPONSOR RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY USERS, AND USER SHALL NOT, IN ANY EVENT, SETTLE ANY CLAIM OR MATTER WITHOUT THE WRITTEN CONSENT OF THIRD PARTY SPONSOR. (C) Third Party Sponsor Disclaimer of Warranties. THIRD PARTY SPONSOR DOES NOT REPRESENT OR WARRANT, AND FURTHER DISCLAIMS ANY AND ALL LIABILITY ASSOCIATED WITH, THE FOLLOWING: (I) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (II) THAT ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE SITE WILL BE RELIABLE, ACCURATE, TIMELY OR COMPLETE; (III) THE PROPER CONDUCT, WHETHER ON OR OFF THE SITE, OF ANY USERS; AND (IV) THE USE OF PHONE SUPPORT SERVICES. THIRD PARTY SPONSOR DOES NOT REPRESENT OR WARRANT THAT THE SITE IS FREE FROM VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, SPIDERS, CANCEL BOTS, CORRUPTED FILES, OR ANY OTHER SIMILAR SOFTWARE, MALWARE OR MATERIALS THAT MAY DAMAGE, INTERFERE WITH, DISRUPT, IMPAIR, DISABLE OR OTHERWISE OVERBURDEN THE OPERATION OF ANY DEVICE, COMPUTER SYSTEM OR NETWORK. THIRD PARTY SPONSOR CANNOT AND DOES NOT REPRESENT OR WARRANT THAT USER INFORMATION WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS AND SHALL NOT BE LIABLE THEREFOR. THIRD PARTY SPONSOR SHALL NOT BE LIABLE FOR, AND EACH USER EXPRESSLY RELEASES THIRD PARTY SPONSOR FROM, ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SITE. (D) Third Party Sponsor Limitation of Liability. UNDER NO CIRCUMSTANCES WILL THIRD PARTY SPONSOR BE LIABLE TO USER OR ANY OTHER USER OR THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES. 32. Phone Support Services. NEW ERA TRANSPORT additionally offers phone support services, including without limitation concierge services and third party sponsored phone support services (collectively, "Phone Support Services"). Phone Support Services, including telephone communications with NEW ERA TRANSPORT and the subsequent receipt, acceptance and/or use of information in connection with Phone Support Services, are subject to these Terms of Services, and each use of Phone Support Services, including telephone communications with NEW ERA TRANSPORT and the subsequent receipt, acceptance and/or use of information in connection with Phone Support Services, also constitutes a use of the Site subject to these Terms of Services. NEW ERA TRANSPORT provides Phone Support Services for informational purposes only and does not deliver any professional advice, direction or guidance. User further understands and agrees that fees paid in connection with the Phone Support Services, if any, is for the delivery of information only and not for any advice, direction or guidance. User's receipt, acceptance and/or use of any information in connection with Phone Support Services is User's further express understanding and agreement to be bound by these Terms of Services, including without limitation all limitations, releases and indemnities in these Terms of Services. User further understands and agrees that any transaction with another User following the receipt, acceptance and/or use of information is a transaction between Users and not with NEW ERA TRANSPORT. If User uses Phone Support Services, then User expressly agrees to release NEW ERA TRANSPORT, and NEW ERA TRANSPORT hereby expressly disclaims, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to the use of Phone Support Services, including without limitation the receipt, acceptance and/or use of information in connection with Phone Support Services. 33. Notice. Any notice or other communication to be given hereunder shall be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail to the address listed below. 34. Arbitration. Any controversy, claim, suit, injury or damage arising from or in any way related to the Site or Terms of Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association then in effect and before a single arbitrator chosen by NEW ERA TRANSPORT. Any such controversy, claim, suit, injury or damage shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any controversy, claim, suit, injury or damage of any other party. The arbitration shall be conducted in Oakland, California, and judgment of the arbitration award may be entered into any court having jurisdiction thereof. NEW ERA TRANSPORT may seek any interim or preliminary relief from a court of competent jurisdiction in Oakland, California, necessary to protect its rights pending the completion of arbitration. Each party shall assume its own costs of arbitration. 35. General Provisions. Failure by NEW ERA TRANSPORT to enforce any provision(s) of these Terms of Services shall not be construed as a waiver of any provision or right. These Terms of Services, and all other aspects or use of the Site, shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. These Terms of Services constitute the entire agreement between User and NEW ERA TRANSPORT with respect to the Site. If any provision of these Terms of Services is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Services shall remain in full force and effect.