U.S. TERMS OF USE
1. Services & Donations
Service Provider: Anita Drive Me, in association with EMOAF Church P.O. Box 218, Schertz, Texas 78254; email: anitadriveme@yahoo.com.
Nature of Service: Independent private car service to and from San Antonio International Airport, provided as a means of ministry.
Payment: Services are offered on a donation basis; passengers are not charged but encouraged to make a voluntary donation in support of the faith-based ministry.
2. Arbitration
Binding Arbitration
Any claim or dispute arising from or relating to this agreement or the services, including breach, discrimination, or refusal to perform, shall be resolved by final and binding arbitration under the Federal Arbitration Act and/or Texas Arbitration Act.
Arbitration shall be administered by the American Arbitration Association (AAA) or National Arbitration & Mediation (NAM), under their then-current commercial rules Law Insider Spellbook National Arbitration and Mediation National Arbitration and Mediation. The arbitration shall take place in Bexar County, Texas.
A single arbitrator, experienced in service‑transportation disputes, shall be appointed by mutual agreement or, failing that within 30 days, by AAA/NAM Spellbook National Arbitration and Mediation. The arbitrator’s decision shall be final, binding, and enforceable in any court of competent jurisdiction.
Costs & Fees: Each party shall bear its own attorney’s fees and arbitration filing fees, unless the arbitrator awards otherwise.
Severability: If any part of this arbitration clause is invalid or unenforceable, the remaining provisions will remain effective.
3. Disclaimer of Warranties
Services are provided “as is” and “as available.” By using this service, you acknowledge that it is primarily a ministry initiative, not a commercial enterprise.
No Guarantees: We make no guarantees regarding timeliness, uninterrupted travel, or suitability for a particular purpose.
No Implied Warranties: All implied warranties, including merchantability and fitness for a particular purpose, are expressly disclaimed.
4. Limitation of Liability
To the fullest extent governed by Texas law, Anita Drive Me, EMOAF Church, and their personnel (driver, volunteers, affiliates) shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of time, profits, or goodwill, even if advised of the possibility.
Liability Cap: The total aggregate liability for any direct damages shall not exceed the amount of donations paid for the specific trip(s) giving rise to the claim.
Exclusions: This limitation excludes gross negligence, intentional misconduct, or as otherwise prohibited by law.
5. Indemnity
To the maximum extent permitted under Texas law—including applicable indemnity statutes and case law Hendershot Cowart P.C.Cokinos | Young—you agree to defend, indemnify, and hold harmless Anita Drive Me, EMOAF Church, and each of their directors, officers, agents, volunteers, and employees from and against any and all claims, damages, liabilities, losses, and expenses (including attorneys’ fees) arising out of:
- Your use of the service;
- Your violation of this agreement;
- Any acts or omissions by you or your guests.
- Negligence: This indemnity expressly excludes liability arising solely from the gross negligence or intentional misconduct of Anita Drive Me services.
6. Governing Law & Venue
This agreement shall be governed by the laws of the State of Texas, without regard to conflict-of-law rules. Venue for any proceedings (arbitration award enforcement, etc.) shall be in the state or federal courts located in Bexar County, Texas.
7. Miscellaneous
Entire Agreement: This document constitutes the full agreement between the parties regarding these terms; any prior or other agreements are superseded.
Modification: Amendments must be in writing and signed by both parties.
Severability: If any provision is held invalid or unenforceable, the remainder shall continue in full effect.
8. Acknowledgment
By using Anita Drive Me services, you confirm that you have read, understood, and agree to these Services, Arbitration, Disclaimer, Limitations, and Indemnity terms.