Passenger Technologies Terms & Conditions

Billing: The entire setup fee is due prior to the activation of service unless otherwise granted by Passenger Technologies, LLC. All non-sufficient fund checks will be subject to a $50 service charge. Passenger Technologies, LLC shall have the right to hold the customer and/or its agency or agent jointly and severally liable for such monies due and payable to Passenger Technologies, LLC on publication of the advertisement. All fees are non-refundable as per this agreement.

Materials: All materials that the Customer desires to have Passenger Technologies, LLC place online are subject to Passenger Technologies, LLC approval. Passenger Technologies, LLC expressly reserves the right, at its sole discretion and at any time, to cancel any Advertising Order or reject any advertising material, including withdrawing any advertising materials which are currently on display or have previously been published. If any advertising materials are withdrawn or canceled prior to display, Passenger Technologies, LLC only obligation to Advertiser will be to refund any reserve account fees paid in advance for the canceled advertising.

Website Ownership: Customer agrees that Passenger Technologies, LLC retains the ownership of the web site, custom programming, graphics, layout, creative content and all other work product associated with the development of the customer's web site until the balance of the project is paid in full. Customer also agrees that all monies due to Passenger Technologies, LLC must be paid in full before the ownership of the web site, custom programming, graphics, layout, creative content and all other work product can be transferred or used by the customer.

Termination, Representation, Warranties and Indemnities: Passenger Technologies, LLC reserves the right to cancel this agreement for any reason, provided written notice is sent to the Customer. If Passenger Technologies, LLC cancels this agreement due to overdue payment, notice from Passenger Technologies, LLC can include voicemail, email, fax or written notice. The Customer may terminate this agreement for any reason by submitting written notice for cancellation by fax (408) 440.1575. If the Customer terminates agreement with Passenger Technologies, LLC, Customer will be liable for all setup fees before any completed work will be given to the Customer. Either party may terminate this Agreement at any time in the event of a material breach by the other party, which remains uncured after thirty days written notice thereof.

Customer is solely responsible for any legal and financial liability arising out of or relating to the material, which includes but is not limited to any and all changes made to the customers website by Passenger Technologies, LLC including meta content, graphics, and keywords, which the customer desires to have Passenger Technologies, LLC place online for purposes of the advertising ("Advertising Material") or any Web site linked to from such Advertising Material. The Customer represents and warrants that the Advertising Material it seeks to have Passenger Technologies, LLC place online and any Web site linked from such Advertising Material complies with all local, state, federal and foreign regulations and laws. The customer also represents and warrants that all text and images supplied for reproduction either conventionally or in its digital form are unencumbered by copyrights and other usage rights connected with the text or images and agrees to hold harmless and indemnify Passenger Technologies, LLC including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity, violation of any anti-discriminatory law or regulation, or any other right of any person or entity. Customer agrees to indemnify Passenger Technologies, LLC and to hold Passenger Technologies, LLC its officers, directors, employees & agents harmless from any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses that may be incurred by Passenger Technologies, LLC arising out of or related to Customer's breach of any of the foregoing representations and warranties. The Customer is required to make a copy of the original website prior to allowing Passenger Technologies, LLC to begin work on the new and enhanced version of the original website. The customer will not hold Passenger Technologies, LLC liable for any loss of materials including website content and source code by the customer or Passenger Technologies, LLC once the agreement is signed.

Dispute Resolution: This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflicts of law's rules. Any dispute or controversy arising under or related to this Agreement shall be adjudicated in a court of competent jurisdiction within the county of Santa Clara, State of California. The parties hereto each hereby waive any jurisdiction, venue and inconvenient forum objections to any state or federal court sitting in the county of Santa Clara, California. This Agreement supersedes and replaces any existing written or oral agreements between Passenger Technologies, LLC and the customer and may be modified only in writing signed by both parties. Any failure by Passenger Technologies, LLC to enforce any provision of this Agreement shall not constitute a waiver of any term hereof. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the enforceability of the remaining provisions shall not be affected.