Terms and Conditions

Website Terms of Use             

Last Modified: May 24, 2021

 

Merit Transport Inc. (“Company”, “we” or “us”) maintains the website www.myrtlebeachblackcar.com and mobile application, including any content, functionality and services offered on or through such services, website or application (“Website”).  The following terms and conditions (“Terms of Use”) govern your access to and use of our Website, whether as a guest or a registered user.

 

Acceptance of the Terms of Use

Please read these Terms of Use carefully before you start to use our Website.  By using the Website, you accept and agree to be bound and abide by these Terms of Use.  If you do not want to agree to these Terms of Use, you must not access or use our Website.

We may revise and update these Terms of Use from time to time in our sole discretion.  Changes are effective immediately when we post them, and apply to all access and use of our Website, but are not retroactive.  Your continued use of our Website following the posting of revised Terms of Use means that you accept and agree to the changes.  You must check this page frequently so that you are aware of any changes, and immediately discontinue access or use of our Website if you do not want to agree to the revised Terms of Use.

 

Acceptance of Privacy Policy.

All information we collect on our Website is subject to our Privacy Policy https://www.myrtlebeachblackcar.com/privacy-policy.php.  By using our Website, you accept and agree to be bound and abide by our Privacy Policy.  If you do not want to agree to our Privacy Policy, you must not provide us any personal information.

Our Website is hosted in the United States and our services are provided from the United States.  It is possible that certain information will be stored on servers in multiple other countries on the “cloud” or other similar distributed hosting platforms.  If you are a user accessing our Website or services from the European Union, Asia or any other region with laws governing personal data collection, use, and disclosure that differ from United States laws, you are expressly and knowingly consenting to the transfer of your personal information to the United States and other jurisdictions as indicated above, and to our use of your personal information in accordance with our Privacy Policy.

 

Accessing Our Website and Account Security.

You agree that the Website is available only to individuals and entities that can form legally binding contracts under applicable law. Without limiting the foregoing, the Website and the services offered by o through the Website, including reserving a room online, are only available to you if you are at least the age of majority in your state of residence (nineteen (19) in Alabama and Nebraska, twenty-one (21) in Mississippi and eighteen (18) in all other states). You warrant that you are eighteen (18) years of age (nineteen (19) in Alabama and Nebraska or twenty-one (21) in Mississippi) or older to reserve a room on this Website.

You also agree that you are legally authorized to make the travel reservations and/or purchases for either yourself or for another person for whom you are authorized to act. You may only use this Website to make legitimate reservations or purchases and shall not use this Website for any other purposes, including without limitation, to make any speculative, false or fraudulent reservations, or any reservation in anticipation of demand.

To access some of the resources offered by the Website or to make reservations, you may be asked to provide certain registration details or other information.  You must provide information that is correct, current and complete.  You agree that all information you provide to register or access the Website or otherwise is governed by our Privacy Policy https://www.myrtlebeachblackcar.com/privacy-policy.php,  and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.  You also acknowledge that your account is personal to you and agree not to provide any other person with access to our Website, or portions of it, using your user name, password or other security information.  If you permit any other person to use your account, you will be responsible for their activities while using our Website.  You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.  You also agree to ensure that you exit from your account at the end of each session.  You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.  We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, the continued use of that user name, password or other identifier would be inappropriate or you have violated any provision of these Terms of Use.

We reserve the right to make changes, modifications, additions, deletions and corrections to our Website, and any products, services or materials provided on or through our Website, at any time, in our sole discretion without notice, including after confirmation of a transaction.  We will not be liable if, for any reason, all or any part of our Website is unavailable at any time or for any period.  From time to time, we may restrict access to some parts of our Website, or the entire Website, to users, including registered users.

 

Payment Policies.

For any reservations or other products or services for which fees may be charged, you agree to abide by the terms or conditions of purchase imposed, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of rooms, rates, products and/or services. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Website and you guarantee the accuracy of any information you provide in relation thereto, including any payment information.

 

Our Locations.

The Website may contain information on rooms, rates, hotel amenities, products and services, and programs or promotions related thereto, not all of which are available in every location. A reference to a specific room, rate, amenity, product, service, promotion or program on our Website does not imply that such is available at all properties.  More information on a specific property can be found on the property specific webpage.

 

Intellectual Property Rights

Our Website and its entire content, including but not limited to information, text, images, photos, illustrations, trademarks, designs, icons, photographs, videos messages, advertisements, and other content or materials that appear as part of the Website (collectively, the "Content"), features and functionality, as well as the selection and arrangement thereof, are owned, controlled, licensed or used with permission by Company and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights law.

Your computer may temporarily store copies of such materials incidental to you accessing and viewing those materials, and your Web browser may store files that are automatically cached for display enhancement purposes.  Unless otherwise expressly indicated, you should not otherwise reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Content on our Website, except you may print or download a reasonable amount of Content for your own personal, non-commercial use and not for further reproduction, publication or distribution. If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not modify copies of any materials from our Website nor use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.  You must never delete or alter any copyright, trademark or other proprietary rights notices from copies of Content from our Website.  You must not access or use for any commercial purposes any part of our Website or any products, services or Content available through our Website.  If you wish to make any use of Content from our Website other than that set out in this section, please address your request to:  [email protected].

No right, title or interest in or to our Website or any Content on our Website is being transferred to you, and all rights not expressly granted are reserved by Company.  Any use of our Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws. We reserve all rights not expressly provided.

 

Inaccuracies and Errors.

We may update the Content on our Website from time to time, but its Content is not necessarily complete or up-to-date. The Website may also contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to your transaction. We cannot and do not guarantee the accuracy or completeness of any information or Content on the Website, including prices, room or facility images, specifications, availability, products,  services and programs, and shall have no obligation to honor reservations or information affected by such inaccuracies.

 

Trademarks

Myrtle Beach Black Car and all related names, logos, product and service names, designs and slogans are trademarks of Merit Transport Inc. You must not use such marks without the prior written permission of Company.  All other names, logos, product and service names, designs and slogans on our Website are the trademarks of their respective owners.

 

Prohibited Uses.

You may use our Website only for lawful purposes and in accordance with these Terms of Use.  You agree not to use our Website: (1) In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries); (2) For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (3) To transmit any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation; (4) To impersonate or attempt to impersonate Company, a Company employee, another user or any other person or entity; or (5) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Website, or that may harm Company or users of our Website or expose them to liability.

Additionally, you agree not to use our Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of our Website, including their ability to engage in real time activities through our Website.  Without limitation, you must not: (1) Use any robot, spider or other automatic device, process or means to access our Website for any purpose, including monitoring or copying any of the material on our Website; (2) Use any manual process to monitor or copy any of the material on our Website or for any other unauthorized purpose without our written consent; (3) Introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful or attack our Website via a denial-of-service attack or a distributed denial-of-service attack; or (4) Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of our Website, the server on which our Website is stored, or any server, computer or database connected to our Website.

 

Monitoring.

Company shall have the right, but no obligation, to monitor content of the Website provided by third parties to determine compliance with these Terms of Use, any other operating rules established by Company for the Website or compliance with any law, regulation or authorized government request.

 

Review, Feedback, Comments and other Submissions. 

You agree any review, feedback, comments or materials sent to our Website or elsewhere, including questions, comments, suggestions or the like (collectively “Submissions”) shall be deemed to be non-confidential and non-proprietary and property of Company. Company shall have no obligation of any kind with respect to such Submissions and we shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Submissions to others without limitation and without liability or obligation of any kind to you. Further, Company shall be free to use any ideas, concepts, know-how or techniques contained in such Submissions for any purpose whatsoever, including but not limited to developing, production and marketing products and services incorporating such Submissions. You agree you shall have no recourse, rights, claims or damages against Company for any alleged or actual use, disclosure, infringement or misappropriation of any of your rights in your Submissions to us.

 

Links to Other Sites.

You may find advertising or other content on our Website that link to the websites, products and services of third parties.  A link does not constitute approval or an endorsement of the provider of the third- party site or its content, quality, reliability or any other characteristic or feature of the third-party site. We are not responsible in any manner (including, without limitation, with respect to any loss or injury you suffer) for any matter associated with a linked site.  COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE.  YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK. In addition, you should be aware that your use of any linked site is subject to privacy policies and terms and conditions applicable to that site. We cannot ensure that all external links are active or appropriate.

 

Geographic Restrictions.

The owner of our Website is based in the United States. We provide our Website for use only by persons located in the United States.  We make no claims that our Website or any of its content is accessible or appropriate outside of the United States.  Access to our Website may not be legal by certain persons or in certain countries.  If you access our Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

Disclaimer of Warranties.

We cannot and do not guarantee or warrant that files available for downloading from the Internet or our Website will be free of viruses or other destructive code.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data.  WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR WEBSITE OR ANY PRODUCTS, SERVICES OR MATERIALS OBTAINED THROUGH OUR WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

OUR WEBSITE, ITS CONTENT AND ANY PRODUCTS, SERVICES OR MATERIALS OBTAINED THROUGH OUR WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.  NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF OUR WEBSITE.  THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Limitation on Liability.

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, SHALL COMPANY AND ITS AFFILIATED OR SUBSIDIARY ENTITIES, LICENSORS, FRANCHISEES, PARTNERS, SERVICES PROVIDERS AND OTHER RELATED PERSONS AND ENTITIES, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE OUR WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF DATA, WHETHER CAUSED BY TORT, BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Indemnification.

You agree to defend, indemnify and hold harmless Company and its related, affiliated and subsidiary entities, and its and their licensors, partner, franchisee, service providers, employees, agents, officers and directors, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use.

 

Governing Law and Jurisdiction.

All matters relating to our Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of South Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of South Carolina or any other jurisdiction).

Any legal suit, action or proceeding arising out of or related to these Terms of Use or our Website shall be instituted exclusively in the federal courts of the United States in South Carolina, or the courts of the State of South Carolina, except that we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country.  You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

Limitation on Time to File Claims.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR OUR WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.  OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

Waiver and Severability.

No waiver by Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

Entire Agreement.

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Company with respect to our Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to our Website.

 

Your Comments and Concerns.

This Website is operated by Merit Transport Inc. 

 

All feedback, comments, requests for technical support and other communications relating to our Website should be directed to: [email protected].

© 2021 Merit Transport Inc.