Terms And Conditions

SERVICE TERMS AND CONDITIONS FOR TRANSPORTATION RESERVATIONS

This Service Terms and Conditions for Transportation Reservations (the “Agreement”) is by and between American Charterlines LLC (“American Charterlines”) and you (either individually or on behalf of any entity whom you are representing) (“Client” or “you”). This Agreement governs your procurement of bus charter services (the “Charter Services”) provided by an independent third-party company (the “Charter Company”) we select on your behalf.

By clicking “i agree”, or any other form both booking or confirming a reservation, utilizing the charter services, or otherwise signifying your acceptance of this agreement, you represent and warrant that (a) you are authorized to enter this agreement for and on behalf of yourself and, if applicable, your organization, and are doing so, (b) you and your organization can legally enter into these terms and (c) you have read and understand and agree that you and the organization shall be bound by the terms of this agreement.

You agree that you are fully responsible for the actions of all of you, your passengers, guests and invitees (collectively, the “Passengers”) aboard the buses provided through American Charterlines (the “Service Buses”).

1. RESERVATIONS AND DEPOSIT

Reservations for Charter Services may be made either electronically through American Charterlines website – www.Americancharterlines.com (the “Website”) or by phone @ 800-841-5039. Until the reservation is confirmed by American Charterlines in writing (including by email) and the full payment received from you, the reservation is subject to change by American Charterlines, the Charter Company, or you.

You understand and agree that payment for all charter services reserved through American Charterlines shall be made payable to, and collected by, American Charterlines LLC, without regard to the name of the Charter Company.

You understand and agree that the rates provided by American Charterlines, either on the website, emailed quote, or otherwise provided to you by American Charterlines for a particular Charter Company (defined below), may be different (e.g., higher or lower) than rates you may be offered when contacting the Charter Company directly as such rates may include revenue to American Charterlines and/or discounts offered for trips arranged through the American Charterlines portal. You further understand and agree that Charter Company options presented to you by American Charterlines may not include all potential options available on the American Charterlines platform or may be presented in an order/page ranking based on factors such as corporate affiliation with American Charterlines or other factors within the sole discretion of American Charterlines. American Charterlines is not responsible for any confirmation of your reservations that is lost or otherwise not received when booking via the internet. If your spam blocker is on, a confirmation may not get through. It is your responsibility to call and get a confirmation email at such time. All reservations that are more than thirty (30) days from the scheduled departure date of service (the “Date of Service'') require a deposit of at least thirty (30) percent. American Charterlines shall confirm the amount of the deposit at the time the client makes its reservation. The full cost of the charter services (the “Charter Cost”) is required for all reservations made less than thirty (30) days prior to the Date of Service.

Payment of the full Charter Cost is due no later than thirty (30) days prior to the Date of Service. If you fail to timely pay any deposits or Charter Costs or any other amounts owed to American Charterlines as and when required in accordance with this Section 1, (a) you hereby authorize American Charterlines to, and American Charterlines may in its sole discretion, initiate entries to your credit card at the financial institution provided by you at the time of reservation for the payment of any such deposits or Charter Costs and/or (b) your reservation may be canceled in the sole discretion of American Charterlines. Clients may request a change or changes to a previously confirmed reservation, which may or may not be possible, based upon: (a) the availability of the requested Charter Services and or date changes as proposed by the changed reservation, (b) payment of the applicable fee(s) as determined by American Charterlines in its sole discretion based on the specific requested change(s) and (c) the approval by Charter Company in its sole discretion. Subject to the foregoing, all reservations are final and all payments are non-refundable.

2. INCIDENTALS.

You agree to securely keep your credit card on file to process any incidental charges that may occur during your upcoming charter(s). Your card will only be charged for any incidental fees that may arise. Instances where additional charges could occur are overtime, clean-up fees, itinerary changes, or last-minute adjustments that result in costs exceeding your original chartered amount. Your privacy and security are of utmost importance to us, and we adhere to strict data protection guidelines to ensure your information remains confidential.

3. CANCELLATIONS AND REFUND POLICY

Once a charter is confirmed, should you need to cancel for any reason outside of 30 days prior to the charter departure date, there will be a $200.00 processing fee, per charter, per vehicle.

(a) Any cancellation made within seven (7) days prior to the Date of Service will result in a charge equal to 100% of the contracted amount.

(b) Any cancellation made from eight (8) days to fourteen (14) days prior to the Date of Service will result in a charge equal to 50% of the contracted amount. 

(c) Any cancellation made from fifteen (15) days to thirty (30) days prior to the Date of Service will result in a charge equal to 25% of the contracted amount. 

(d) In the event of inclement weather on the date of your outdoor event charter, We will make an attempt to find an alternative date, subject to availability or we recommend moving your event to an indoor facility.

3.a REFUND POLICY

In certain specific circumstances, American Charterlines may in its sole discretion refund some or all of a deposit or the Charter Costs that have been paid by you if the Charter Service Bus procured for your Charter Services breaks down or breaches its obligations under this Agreement to provide the Charter Services (a “Performance Failure”). Any such Performance Failure shall not affect, and there shall be no refunds of any sort, in connection with any Service Buses not affected by a Performance Failure that you may have charted for Charter Services under this Agreement. You shall remain fully responsible and liable for all deposits, the Charter Costs and all other amounts due under this Agreement for any such other Service Buses and Charter Services in accordance with the terms of this Agreement. (e) Should you choose to cancel your reservation(s), you must send written notice to: support@AmericanCharterlines.com. Written emailed requests will be the only accepted form of charter cancellation, and must be confirmed back by email. (f) You agree to pay any cancellation or change fees that you incur. Any charge associated with a cancellation is final and not transferable to future or alternative services. (g) If the driver arrives at the scheduled pick-up location and Client is not there, and the Charter Company is unable to locate or contact the contact person within 30 minutes of the scheduled pick- up time, by the means provided in the reservation, then the ride will be considered a “no-show” and the reservation canceled. You shall be fully liable for 100% of the Charter Cost.

4. RATES AND PAYMENT

(a) All quoted rates are subject to change without notice and may be increased at any time prior to your “payment confirmation” by American Charterlines at its sole discretion. (b) Any quoted rate for the Charter Services is an estimate based on the information that you provided to American Charterlines in connection with your reservation. There may be additional charges including for taxes (if applicable) credit card processing fees, damage to the buses, injury to the driver, overtime (i.e., exceeding the time of your reservation), traveling further than originally requested and clean-up that requires a greater than normal amount of time and material necessary to clean the buses properly (“Excessive Cleaning”). The fee for Excessive Cleaning shall be determined by American Charterlines in its sole discretion but the minimum fee is $350. (c) As per the direction of American Charterlines, Client shall reimburse for any other expenses incurred in connection with the provision of the Charter Services, including driver’s lodging, parking fees and additional stops (the “Customer Expenses”) and American Charterlines shall have no responsibility or liability for any such Customer Expenses. (d) You hereby authorize American Charterlines to initiate entries to your credit card at the financial institution provided by you at the time of reservation, and, if necessary, initiate adjustments for any transactions credited or debited in error or additional charges. This authority remains in effect until American Charterlines is notified in writing to cancel it. To cancel such authority, you shall provide written notice to American Charterlines no less than thirty (30) days prior to the effective date of such cancellation. American Charterlines may attempt multiple smaller transactions if your financial institution declines large transaction attempts. You agree that if any attempt to charge a credit or debit card is declined at any time, then American Charterlines may terminate the option to pay by credit or debit card. If American Charterlines terminates this option, then all remaining payments shall be made via check (as long as the check can fully clear funds within (14) days prior to actual charter departure date, or electronic wire transfer. If you refuse to pay the remaining balance via check or wire then your reservation(s) will be canceled and you will be subject to the cancellation charges set forth in Section 2. You agree that American Charterlines shall ask, at its discretion, for all total payments exceeding $5,000 to be made via check (as long as the check can fully clear funds within (14) days prior to actual charter departure date or electronic wire transfer. Any approved credit card charge $5,000 or higher will result in a 3.95% surcharge, additionally required will be a copy of the credit card being used (front and back), as well as a copy of the authorized users driver's license. Refusing to pay via check or electronic wire transfer does not nullify this agreement and shall not relieve you of cancellation charges as set forth in Section 2. Please note that a 30% deposit is due immediately to reserve your vehicle(s). (e) You agree not to dispute any fees, credit card charges or any and all charges (including all credit card chargebacks) in connection with the Charter Services that were otherwise made consistent with the terms of this Agreement, including cancellation fees, warranties, dispute resolution, the Waived Conditions and any other risks for which American Charterlines has disclaimed responsibility or any claims that you have waived (the “Improperly Disputed Amounts”). If you dispute any such fees or charges, then American Charterlines shall have the right to charge you, and you shall pay, any related fees charged by any financial institution involved with the dispute, any attorneys' fees and expenses and court or arbitration costs associated with enforcing and collecting payment any such fees or charges and any other damages suffered by American Charterlines related to or arising from the Improperly Disputed Amounts. American Charterlines diligently implements comprehensive measures to prevent fraudulent charges through our merchant services. It is the responsibility of the cardholder to verify and confirm the legitimacy of charges made to their card. American Charterlines does not possess any authority or responsibility regarding fraudulent activities on cardholder accounts. (f) It is a violation of law to place a reservation in a false name or with an invalid credit card number with the intent to defraud. Please be aware that even if you do not give American Charterlines your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law. Accordingly, if you knowingly input false information in a reservation form, including someone else’s name, e-mail, address, physical address, phone number, random or made up name, address, e-mail, or phone number, you agree to fully indemnify and be liable to American Charterlines and its affiliate companies, for an amount of $10,000 to each company involved, plus any attorneys' fees and expenses and court or arbitration costs.

5. OVERTIME AND ADDITIONAL CHARGES

(a) Client shall be fully responsible for any overtime incurred by the Charter Company. Overtime will be charged at a rate determined by American Charterlines through the affiliate on your charter and is incurred in hourly increments (plus additional taxes and fees, if applicable) until final drop-off time of the last passenger on board. American Charterlines cannot guarantee the availability of additional requested time. It is of particular importance then that you make allowances for anticipated delays and adhere to the agreed time schedule. Initial time and charges begin when the Service Bus arrives at the pick-up location. If there is an error in the stated address, you shall be charged for the time needed to reroute the Service Bus to a different address. (b) You agree to pay the following additional expenses incurred in connection with Charter Services directly to American Charterlines or the Charter Company, whichever American Charterlines chooses: (i) driver's lodging, (ii) parking fees (iii) additional stops and (iv) any other expenses incurred directly by the Charter Company in connection with the provision of the Charter Services, such as, airport surcharges or processing fees for split payments. You agree that if required, you will arrange for appropriate lodging for drivers that meet or exceed the following minimum standards: 2.5 star or better hotel/motel, private room (per driver), with private shower and bathroom. If you fail to provide the driver(s) with private lodging meeting the above listed requirements, you (i) authorize American Charterlines or the Charter Company to procure such alternative lodging for the driver(s) and (ii) agree to reimburse American Charterlines or the Charter Company for the cost of any such alternative lodging.

6. CHARTER SERVICES

(a) Client acknowledges and agrees that American Charterlines is not a transportation carrier and will not directly provide the Charter Services. American Charterlines provides a marketplace in which you may engage and pay for the services of independent third-party transportation carriers (the “Carriers”) that are directly responsible for providing the Charter Services to you. American Charterlines uses reasonable commercial efforts to ensure that all such Carriers are (i) DOT licensed, and (ii) qualified and able to provide the Charter Services, and (iii), house a current C.O.I. (Certificate of Insurance) that American Charterlines will hold on file for each chartered reservation. Notwithstanding the foregoing, American Charterlines is committed to providing exceptional service and customer satisfaction. In the spirit of goodwill and customer care, should any service disruptions or discrepancies occur due to actions or inactions of our charter company or affiliate partners, American Charterlines will proactively review and address each case individually. While not liable for these occurrences, we promise to consider potential remedies or goodwill gestures, such as service credits, discounts on future bookings, or other appropriate compensations, to ensure our customers feel valued and fairly treated. This reflects our dedication to maintaining positive customer relationships and upholding our reputation for quality service. American Charterlines retains sole authority and decision-making power regarding the implementation of the aforementioned statement. (b) Images and other information regarding buses and other vehicles presented on our website (www.AmericanCharterlines.com) are provided by American Charterlines as vector examples only, and chartered vehicle(s) will differ from the actual Service Buses. American Charterlines does not independently verify the accuracy of any information provided by Carriers; therefore, you agree that you are not relying on American Charterlines for any damages arising from any such inaccurate information. (c) American Charterlines 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/heating system on the Service Bus • the availability or working condition of requested amenities including 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 American Charterlines does not guarantee the Waived Conditions and you specifically waive any claims against American Charterlines or right to terminate this Agreement or demand any refund from American Charterlines related to or in connection with the Waived Conditions. At American Charterlines sole discretion,American Charterlines may provide limited assistance in resolving claims against a Carrier when such claims are presented before trip end. With respect to any Interference Event, American Charterlines use commercially reasonable efforts to encourage the Charter Company to get the Service Bus operating again or to obtain a replacement bus as soon as possible. (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 American Charterlines 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. (e) Unless agreed to in writing at the time of the reservation, American Charterlines is not obligated to provide options for 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 Charter Company may reserve a reasonable number of seats, not to exceed two, on the Service Bus to allow any required additional drivers or support staff to travel on the Service Bus. (g) American Charterlines shall not be responsible for any lost or damaged items. American Charterlines reserves the right to charge a fee for returning any items found in the Service Buses. (h) American Charterlines, 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. This is without exception. (i) 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. Unless agreed to in writing at the time of the reservation, Charter Company 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 and are required to be off duty for eight (8) consecutive hours before legally starting a new ten (10) hours of duty time. Charter Company 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/regulations/hours-service/summary-hours-service-regulations. (j) You, or such representative designated by you, agree that as requested by the Driver, you will input such requested information into the American Charterlines application utilized by the Driver on a mobile device for the purpose of confirming the trip and the completion thereof, where applicable.

7. WARRANTIES; DISCLAIMERS AND LIMITATIONS OF LIABILITY

 (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) Disclaimer. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, American Charterlines MAKES, AND American Charterlines 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, AMERICAN CHARTERLINES 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. American Charterlines ALSO RESERVES THE RIGHT TO SUBSTITUTE BUS BASED ON TOTAL NUMBER OF SEATS CHARTERED BY CLIENT. FOR EXAMPLE, IF CLIENT CHARTERED A 49 PASSENGER COACH BUS, American Charterlines RESERVES THE RIGHT TO SEND VEHICLES TOTALLING 49 SEATS, IN ORDER TO MEET ITS OBLIGATION TO CLIENT. (c) Limitation of Liability. American Charterlines 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 American Charterlines 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, American Charterlines LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. In no event will American Charterlines 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 American Charterlines 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 American Charterlines 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 American Charterlines and Charter Company are, jointly are severally, providing the American Charterlines portal and services and Charter Services, respectively, and other services, sets 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 American Charterlines, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and American Charterlines. American Charterlines would not be able to provide the Charter Services to you on an economically reasonable basis without these limitations. (e) Neither American Charterlines 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.

8. LICENSE

(a) In situations where You engage American Charterlines to provide Charter Services to an event (each, an “Event”) You own or are directly hosting or sponsoring, You hereby grant to American Charterlines 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 American Charterlines to reserve and/or pay for 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 American Charterlines use of the Marks or Third Party Marks, as the case may be, to advertise and promote American Charterlines Charter Services by publicizing the fact that American Charterlines has provided such Charter Services to or on behalf of such Event.

9. INDEMNIFICATION

10. GOVERNING LAW AND DISPUTE RESOLUTION.

(a) Choice of Law. This Agreement shall be governed in all respects by the laws of the State of New Jersey, 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 American Charterlines (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 NEW JERSEY. YOU AND American Charterlines 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 AMERICAN CHARTERLINES WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. Neither you nor American Charterlines 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 American Charterlines INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if American Charterlines 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 American Charterlines 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 American Charterlines 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 New Jersey. Both you and American Charterlines consent to venue and personal jurisdiction there. Notwithstanding the foregoing, American Charterlines 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 American Charterlines (c) Improperly Filed Claims. All claims you bring against American Charterlines must be resolved in accordance with this Section 8. All claims filed or brought contrary to this Section 8 shall be considered improperly filed. Should you file a claim contrary to this Section 8, American Charterlines may recover attorneys’ fees and costs up to $15,000, provided that American Charterlines 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.

11. 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 provided, however, that in connection with any review of the Company’s services, your actions will be only actionable when it is defamatory, libelous, slanderous, harassing, abusive, obscene, vulgar, sexually explicit, and/or is inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic. Should you take such action, American Charterlines, in addition to any damages it incurs, may also recover attorneys’ fees and costs up to $20,000.

12. 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 American Charterlines of any breach of any provision of this Agreement shall not operate or be construed as a waiver of any other breach (c) 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: American Charterlines LLC. 80 Broad Street 5th floor, Suite 3122, New York, NY 10004 Email: legal@AmericanCharterlines.com Attn: American Charterlines LLC. To Client: To such address as provided to American Charterlines (d) 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 (e) 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. (f) 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 American Charterlines without restriction. Any assignment attempted to be made in violation of this Agreement shall be void. (g) No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms. (h) 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