TrainFinder Online Online Merchant Service Agreement

TrainFinder Online is an online service developed and maintained by EsoTerra Software, Inc., P.O. Box 2026, Dublin, Ohio 43017 (937) 434-8100.  All rights reserved.

AVAILABILITY - TrainFinder services are available on a 24 hour, 7-day per week basis, including Holidays unless specified otherwise.  However, we do not guarantee total availability due to equipment failure, telephone company failure, power failure, unavoidable lack of suitable labor, human error, or natural and/or unnatural occurrences.  We reserve the right to power-down our system(s) at the most effective and opportune times in order to perform maintenance, repairs, and/or upgrades (this may be during normal business hours).  Any down time longer than a 24 hour period will be made known to you as time and available personnel permit.

GUARANTEE - Our goal is to provide the best possible service, however, we are not perfect.  You are purchasing a service that depends on electrical and telecommunication capabilities.  In the event that an error is made in servicing your account(s), we will gladly refund upon request, at a minimum of the actual cost for that portion of the service minus any local or 800 number transmission costs.  At a maximum, we do not, assume any responsibility, beyond the return of one period's subscription fee, for any damages, resulting from failure to perform any service under this Agreement, even where such failure is a result of our negligence, misconduct, error, or omission.  Accordingly, you and your insurer should be aware that this express disclaimer of liability is an integral part of this contractual relationship between you and EsoTerra Software, Inc. and Divisions.  Merchant agrees that they will protect, defend, indemnify, and hold harmless EsoTerra Software, Inc. and it's Divisions and employees from any claim or liability that may be asserted by anyone else, including you and your insurer, in the third parties or entities, and persons or entities sought to be protected by this service therewith, even is such loss, injury or damage results or is claimed to have resulted from our negligence, misconduct or omission.  At no time are we liable for losses in excess of the above that you might incur as a result of an error on our part.  Errors must be brought to the attention of our management in writing no later than 28 days from the occurrences in order to be considered for any credit or refund.  Merchant understands that all services may be monitored and/or recorded for the purpose of quality control.

BILLING & FEE STRUCTURE - Monthly subscription fees are billed in advance for the current billing period. Payment in full is due upon receipt of your statement.  If a grace period for payment is needed, merchant has until the due date at the top of the statement to contact EsoTerra Software, Inc.  Refusal to pay subscription fees will result in service termination.  If payment is not received by the due date, service will be TEMPORARILY TERMINATED.  We will attempt to contact you during normal business hours for a period of one (1) day to notify you of service termination.  If we are unable to reach you through normal communication channels, service will be temporarily terminated WITHOUT NOTICE.  If payment is not received in full, our collections officer may at his/her discretion turn your account(s) over to our collection agencies. They, or us, will have full authority to take any and all legal means necessary to collect said account(s). Further, all normal legal expenses (including attorney fees) will be added to the account (s) being collected and will become part of the balance due. When payment in full is received, your service will be reinstated. A reconnection fee, at a minimum of $15, and at a maximum, equal to your monthly fee, may be charged to reinstate your service.  TrainFinder services may only be reinstated during normal business hours 9:00am to 5:00pm, Eastern Standard Time, Monday through Friday, excluding Holidays.  A $25.00 fee will be charged on checks returned for insufficient funds.

COMPLIANCE - This agreement must be agreed upon or you will not be able to continue service with EsoTerra Software, Inc. and it’s products. It is understood and agreed that any software as a part of the services provided belong exclusively to EsoTerra Software, Inc. and EsoTerra Software, Inc. shall be deemed the ultimate owner and end user of such software at all times.  Please refer to the Legal Information page of the TrainFinder Online Product, these terms and conditions are an addendum to this service agreement.