THIS USER AGREEMENT (the "Agreement") governs the use of the limos.com
website and the related
websites limo-search.com and limousinesonline.com (such three
sites being collectively referred to herein as the "Sites" and the service
available on such Sites being referred to herein as the "Service"). The Sites are
owned by Limos.com, LLC, ("Limos.com, LLC"). Your use of a Site constitutes your agreement
to all of the terms and conditions of this Agreement. If you do not agree to this
Agreement, please do not use the Service. In addition to the terms and conditions
in this Agreement, users may be asked to agree to additional terms when using different
parts of a Site, including payment by persons or entities who provide limousine
services (referred to herein as "limousine companies") of any applicable fees. (The
terms and conditions of this Agreement, along with such additional terms and conditions,
will be referred to as the "Terms".) Limos.com, LLC reserves the right, at its discretion, to
change, modify, add, or remove portions of any of the Terms at any time. Please check these Terms periodically for changes. A user's use of the Service after such
Terms are posted will mean that such user accepts such Terms.
1. User Eligibility
(a) General. This Agreement is a legal agreement between Limos.com, LLC and each user.
The Service is only available to
individuals and entities that can form legally
binding contracts under applicable law. If you do not qualify, please do not use
the Service. Each user represents that all information supplied by it is true and
accurate. Without limitation, any speculative, false or fraudulent service requests
are prohibited. Limos.com, LLC may refuse its Service to anyone at any time. Without limiting
the foregoing, Limos.com, LLC can expel any limousine company from its service for reasons at
Limos.com, LLC's discretion. Such reasons include and are not limited to:
(i) email unresponsiveness,
(ii) unprofessionalism,
(iii) consumer complaints,
(iv) deceptive advertising claims
or
(v) delinquency in payment.
In addition, Limos.com, LLC reserves the right to refuse any
applicant, affiliate or advertiser,
including re-booking firms and companies who may indirectly or directly compete with
Limos.com, LLC's core product. Subsequently, Limos.com, LLC may remove any limousine service from our services
when evidence is present which indicates a member does not abide by our membership
Terms of Service and/or Fee Assessment Policy.
(b) Membership for Limousine Companies.
In order to become a member of the Sites a limousine company warrants that it meets the following
criteria:
(i) Proof of Insurance: The company is required to hold full insurance policies
as mandated by its local and state authority and provide proof of such insurance
to Limos.com, LLC.
(ii) Licensing: The company is required to hold full licensing, permits, and safety
requirements as mandated by local, state and federal laws.
(iii) Email Promptness: The company is required to check its email every 48 hours.
(iv) Locality Restrictions: All companies must be located within a 60 mile radius
of their advertising territory. Such companies must have a local address and a local
telephone to display in their advertisement. Nationwide companies must open multiple
accounts with their satellite offices local addresses and local numbers. Limos.com, LLC does
not
list centralized, brokering clearinghouses or reservation centers unless the
locality requirements are met above.
(v)
Credit Card Authorization: Limos.com, LLC must receive a credit card authorization from
a limousine company before an account is setup. The credit card that is provided
will be used to charge the annual fee and monthly per lead fees that are required to be paid by limousine companies
in order to participate in the Service (see paragraph
4 below).
(vi) Membership Application: The limousine company must complete and submit a membership
application. Upon receipt of the application, Limos.com, LLC will notify the company when and
if its application has been activated.
If a limousine company's application for membership of the Sites is accepted, the
company will be admitted into the Sites' directory service ("Directory") and the
Sites' limousine company finder service ("Finder Service").
2. Directory and Finder Service
(a) Directory.
In Directory, contact information (including a complete company profile and company
website) for limousine companies in the buyer's geographic area is listed on a randomized
basis.
The buyer may send up to eight (8) selected limousine companies a service
request containing details as to the limousine service requested by the buyer. The recipient
limousine companies are free to respond to the request.
(b) FinderService. In the Sites' Finder Service, the buyer submits a request containing details regarding
the requested limousine service to Limos.com, LLC.
Limos.com, LLC forwards this request to up to 15 matching limousine companies (selected on a
random basis) in the buyer's geographic area. The recipient limousine companies
are free to respond to the request.
3. Sites Are Only a Venue
The Sites act as a venue for limousine companies and buyers of limousine
services. Limos.com, LLC is not involved in the actual transaction between buyers and limousine
companies. As a result, it has no control over the quality, safety, reliability
or legality of the services, the truth or accuracy of the listings, the ability
of limousine companies to provide services or the ability of the buyers to buy services
(as set forth in paragraph 13, Limos.com, LLC does have an internet endorsement program - this
endorsement simply states that the particular company has presented Limos.com, LLC with valid
evidence of internet service readiness, not that Limos.com, LLC provides any warranty with respect
to its service). We encourage users to communicate directly with limousine companies
or buyers or with third parties, such as the Better Business Bureau, to a degree
sufficient to establish the reliability of the limousine company or buyer. No limousine
company will at any time represent that Limos.com, LLC endorses a limousine company or its services.
Any disputes between a buyer and a limousine company should be handled by the limousine
company. Because user identification on the Internet is difficult, Limos.com, LLC cannot and
does not confirm that each user is who it claims to be.
4. Fees for the Service
The Service is free for buyers. Limousine companies are currently charged
two fees for participation in the Service:
(a) Annual Nonrefundable Membership Fee. From and after April 20, 2001, limousine
companies must pay an annual nonrefundable membership fee which ranges from $1/yr
to $200/yr, with the exact amount determined by the limousine company's operating
area (see the "Join Limos.com" portion of the Sites). Note that this annual fee
was implemented on April 20, 2001 and limousine companies that joined the Sites
prior to that date are currently exempt from the annual fee (Limos.com, LLC may change this
policy at any time and will notify affected limousine companies if it does so).
(b) Per Lead Fee. Limousine companies are also charged a per lead fee for leads
that are received through Directory or the Finder Service. The per lead fee by email
is 99 cents (USD) and is described in the "Join Limos.com" portion of the Sites.
Limos.com, LLC also distributes telephone calls by its Lead-by-Phone service. Fee per
call is $1.99 and is on a per bid basis. Limos.com, LLC may
in its sole discretion add, delete or change any of its fees at any time. Unless
otherwise stated, all fees are quoted in U.S. dollars. Users are responsible for
paying all applicable taxes and for all software, hardware, service and other costs
a user may incur to
access the Service. Lead fees are due immediately following
the completed month and will be billed via credit card.
(c) Fee Assessment: Members accrue lead fees when any given member receives a lead
received via email. Email leads are charged at 99 cents per lead, USD. Lead-by-Phone
calls are optional and charged at a minimum of $1.99. Directory calls are FREE and
not charged to user accounts.. All members
are responsible for lead targeting according to the current functionality of the
site(s) at the given moment. Limos.com, LLC is not responsible for member account maintenaince
or neglect of leads which a member may feel is not appropriate to their service,
given the functionality of current site. A lead is chargeable upon delivery to the
member's email box unless explicitly excluded in our lead fee schedule. There is
a $2 adminstration fee on all billed accounts in excess of ten dollars. This fee may change at anytime. For territory targeting, leads are chargeable if any given lead ENDS or EVOLVES
in a member's selected service area. Ending or evolving is designated as a 45 mile
radius from stated area.
(d) Fees for Delinquency / Non-Payment: Accounts which are past due (30 days) will
be required to file a cash deposit of $50 if the past due balance is less than or
equal to $100 and a $100 cash deposit if the past due balance is over $100.
All accounts which are past due and/or cancelled due to non-payment are subject
to a non-refundable $25 reactivation fee.
5. Public Reviews
Advertiser understands that his/her service can be publically reviewed and rated
by past users. Advertiser understands and authorizes Limos.com to accept user ratings
about your company, positive or negative. Negative reviews are not removed
if proven factual. Limos.com is not responsible or liable for postings and reviews
made by third parties. Advertisers who refuse to be reviewed by their customers
are in violation of our Terms of Service and subject to immediate removal. Limos.com
utilizes verification methods to confirm a review is true and accurate. Limos.com
utilizes verification methods to confirm a review is an actual customer of reviewed
advertiser. Advertisers are eligible to respond to any review at anytime.
6. Use of the Service
The Service may be used only for lawful purposes. Limos.com, LLC specifically prohibits any
use of the Service for unlawful purposes, and users agree not to use the Service
for any unlawful purposes, or for posting any incomplete, false or inaccurate information, or any obscene, indecent or offensive language or to place on the Service any material
that is false, defamatory, abusive, harassing or hateful. In addition, each user
agrees not to (a) alter, remove, or obscure any notices or markings from the Service,
(b) modify, translate, produce a source listing, decompile, disassemble, or reverse
engineer the Service or any portion thereof; (c) create derivative versions of any
part of the Service; (d) rent, transfer, distribute or grant any rights in the Service
in any form; or (e) use the Service for any purpose that Limos.com, LLC deems to be inappropriate.
7. Proprietary Materials
The Service contains proprietary materials such as logos, text, software and photos.
As between Limos.com, LLC and users, Limos.com, LLC is the owner or licensee of all such proprietary material
and all intellectual property rights therein, including without limitation, copyrights
and trademarks.
8. User Materials
In using the Service, a user may be able to post materials for other users
to view on the Service or links to other sites. Each user acknowledges and agrees
that such user is solely responsible for the form, content and accuracy of any content
or information placed by User on the Service.
9. Discussion Forum
A discussion forum (where users can
comment on matters of relevance to
the limousine industry) is also available through the Sites. The comments and opinions
expressed in the discussion forum represent the views solely of the participating
users and not of Limos.com, LLC. We cannot confirm that those identifying themselves are the
persons they claim to be. These comments/opinions are not reviewed or edited by
Limos.com, LLC and in no way should such comments or opinions be construed to be the comments
or opinions of Limos.com, LLC. Although Limos.com, LLC does not routinely review or approve comments or
opinions, it reserves the right to remove specific comments and opinions in cases
where the discussion forum is abused. Limos.com, LLC/Limos.com is a computer service and not
a publisher or distributor of information.
10. License
Each user hereby grants to Limos.com, LLC, its sub-licensees, customers and other Users,
a royalty-free perpetual, irrevocable, non-exclusive right and license to use, reproduce,
modify, adapt, publish, translate and distribute any content submitted by user (in
whole or part) and/or to incorporate it in other works in any media now known or
hereafter developed for the full term of any copyright that may exist in such content.
11. Links to Third Party Sites
The Service may contain links to web sites operated by parties other than Limos.com, LLC ("Third
Party Sites"). Limos.com, LLC's links to such other sites does not imply any endorsement of
the products, services or material on such Third Party Sites or any association
with their sponsors or operators. Limos.com, LLC expressly disclaims all content, services and
products available through such Third Party Sites. Linking to any other service
or site from this Service is at your own risk.
12. Release and Indemnity by User
Because we are not and cannot be involved in buyer/limousine company transactions,
in the event that you have a dispute with one or more other buyers or limousine
companies, you release Limos.com, LLC (and its employees and agents) from claims, demands and
damages (actual and consequential) of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising out of or in any way
connected with such disputes. If you are a California resident, you waive California
Civil Code Section 1542, which says: "A general release does not extend to claims
which the creditor does not know or suspect to exist in his favor at the time of
executing the release, which if known by him must have materially affected his settlement
with the debtor." USER WILL INDEMNIFY AND HOLD Limos.com, LLC AND ITS AFFILIATES, EMPLOYEES,
AGENTS AND REPRESENTATIVES, HARMLESS FOR ANY LOSSES, COSTS, LIABILITIES AND EXPENSES
(INCLUDING REASONABLE ATTORNEYS' FEES) AGAINST Limos.com, LLC ARISING OUT OF (A) ANY USE OF
THE SERVICES, THIRD PARTY SITES, OR RELATED GOODS OR SERVICES; (B) ANY BREACH OF
THE TERMS; AND (C) ANY UPLOADING, DOWNLOADING, OR REPRODUCTION OF ANY CONTENT OR
DATA FROM THE SERVICE OR ANY THIRD PARTY SITE.
13. Disclaimer
Limos.com, LLC DOES NOT RECOMMEND ANY SPECIFIC LIMOUSINE COMPANY AND DOES NOT PROVIDE
ADVICE ON WHICH LIMOUSINE COMPANY TO SELECT. Limos.com, LLC DOES NOT SELL, SOLICIT APPLICATIONS
FOR, OR WRITE CONTRACTS FOR ANY SERVICES. Limos.com, LLC IS NOT A BROKER ACTING ON BEHALF OF
ANY BUYER AND IS NOT AN AGENT ACTING ON BEHALF OF ANY LIMOUSINE COMPANY.
14. No Warranty
Each user expressly acknowledges and agrees that its use of the Service,
any services or goods obtained or sites linked through the use of the Service, and
any data transmitted through the Service is at the sole risk of users. Limos.com, LLC does not
provide or make any undertaking or representation with respect to any limousine
company or as to the quality or nature of any of the products or services purchased
through the Service or any other representation, warranty or guaranty. Limos.com, LLC does not
warrant that limousine companies are licensed or certified to practice in any jurisdiction;
nor does Limos.com, LLC make any warranty as to the results that may be obtained from use of
the Service or its content or as to the accuracy or reliability of any information
obtained through the use of the Service. This paragraph 13 also applies to companies
who have passed Limos.com, LLC's internet endorsement program. This endorsement simply states
that the particular company has presented Limos.com, LLC with valid evidence of internet service
readiness (not that it is properly insured or licensed and not that Limos.com, LLC provides
any warranty with respect to its service). THE SERVICE IS PROVIDED "AS IS" AND WITHOUT
WARRANTY OF ANY KIND AND Limos.com, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. Limos.com, LLC DOES NOT WARRANT THAT
THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT BREACHES
OF SECURITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED
WARRANTIES, SO IN THESE JURISDICTIONS THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT
APPLY TO THE USER.
15. Limitation of Liability
IN NO EVENT WILL Limos.com, LLC BE LIABLE TO USER OR ANY PARTY FOR ANY INCIDENTAL,
CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES ARISING OUT OF THE USE, AVAILABILITY
OR UNAVAILABILITY OF THE SERVICE OR ANY OTHER SERVICES OR GOODS OBTAINED THROUGH
USE OF ANY OF THE FOREGOING, OR ANY DATA TRANSMITTED THROUGH THE SERVICE, EVEN IF
Limos.com, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND Limos.com, LLC'S ENTIRE AGGREGATE
LIABILITY UNDER OR ARISING OUT OF THESE TERMS OR THE SERVICE SHALL BE LIMITED TO
THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT PAID TO Limos.com, LLC BY USER FOR THE
ONE YEAR PERIOD PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO IN THESE JURISIDICTIONS
THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO THE USER.
16. No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created between any user and Limos.com, LLC by the Terms.
17. Notices
Except as explicitly stated otherwise, any notices to Limos.com, LLC regarding this
Agreement shall be sent to customerservice@limos.com. Any notice to a user shall be given
to the name and address submitted at the time of registration.
18. Governing Law
This Agreement, the Terms, the Service and any modifications thereto may
not be assigned or in any way transferred without the prior written consent of Limos.com, LLC.
The terms of this Agreement shall be construed in accordance with the substantive
laws of the State of Arizona, United States of America, without giving effect to
the principles of conflict or choice of law of such state. Each user hereby consents
to the exclusive jurisdiction and venue of courts in Maricopa County, Arizona, U.S.A.
in all disputes arising out of or relating to the use of this Service.
19. Waiver
No waiver of any of the Terms shall be deemed waiver of any other such
Terms set forth herein.
20. Entire Agreement
The Terms constitute the entire agreement between each user and Limos.com, LLC with
respect to the subject matter covered herein, and supersede all previous communications,
representations, understandings and agreements, either oral or written, between
the parties with respect to said subject matter. This Agreement may not be modified
by a user except by a written agreement signed by authorized representatives of
both parties.
21. Termination
Limos.com, LLC may immediately issue a warning, temporarily suspend, indefinitely suspend
or terminate a user's use of all or any portion of the Service if a user breaches
or refuses to comply with the Terms, or any time or for any reason, at the sole
discretion of Limos.com, LLC. In addition, Limos.com, LLC my terminate membership of any member should the
Terms of Service herein be refuted expressly or implicitly.
22. Disclosures
The Service hereunder is offered by Limos.com LLC, 4505 E. Chandler Blvd, Ste 105,
Phoenix AZ 85048