Terms of Service Agreement
This Terms of Service Agreement (the "Agreement") is a legally binding agreement that governs your relationship with On Demand iCARS Inc. (Limos.com), d/b/a ForGround.com (the "Company"), and the use of limos.com, forground.com, and related websites (such sites being collectively referred to herein as the "Sites" and the services available on such Sites being referred to herein as the "Services"). If you do not agree to this Agreement, please do not use the Services. In addition to the terms and conditions in this Agreement, users may be asked to agree to additional terms when using different parts of our Sites. The terms and conditions of this Agreement, along with such additional terms and conditions, will be referred to as the "Terms." The Company reserves the right, at its discretion, to change, modify, add, or remove portions of any of the Terms at any time. Please check the Terms periodically for changes. Your use of the Services after such Terms have been posted will mean that you have read, understand, and agree to be bound by the Terms.
In this Agreement, the Company will refer to you and all of your affiliates, agents, employees, representatives and subcontractors as "you" and to the Company and its employees and agents as "we", "us", "Company" or "Limos.com." References herein to Sites include any and all Sites now, or hereafter, owned or operated by us. These Terms were last updated on 03/08/2018.
DEFINED TERMS
- “Call Center” means our 24/7 customer support center.
- “User” means a person who visits the Site to search for and potentially book ground transportation.
- “Affiliate” means a limousine company that has agreed to join the Limos.com marketplace of ground transportation providers. Affiliates display their available vehicle inventory based on the search criteria entered by a user on the Site.
- “Partner” means a company who agrees to promote Limos.com through external marketing channels.
- “Third Party Software” means software created or hosted by a company outside of Limos.com.
INTRODUCTION. Limos.com provides an online marketplace that connects you with limousine companies offering car services in your requested area. You can either search for and book car services through the Site or Call Center, or you may book directly with a limousine operator. Upon visiting the Site, you have the option to search and book a car service with or without completing a customer registration.
SERVICES. We are committed to making your total experience a positive one. Upon registering, you may choose your own login email and optional password, or we will assign you a password to access our services through the Sites. Upon entering your information and the request for which you would like limousine service, we will provide you with a list of limousine companies in your area, if any, who may be interested in fulfilling your service needs; however, we do not guarantee that we will be able to match your service needs with a limousine company or that there are limousine companies in your area that either are capable or willing to complete your service needs. We will either fulfill the booking directly or connect you with a limousine provider with whom you may book directly. Although we take certain steps to examine the credentials of our listed limousine companies, we make no guarantees or representations regarding the skills or representations of such limousine companies or the quality of the service that each company may perform for you if you elect to retain their services. We further do not endorse or recommend the services of any particular limousine company.
SERVICES DISPUTES AND RESOLUTIONS.
- Booking directly with a limousine company. If you enter into a contract or otherwise reach agreement with a limousine company, we will not guarantee or warrant their performance, outcome or quality of the services performed. The limousine companies are not employees or agents of ours, nor are we an agent of the limousine companies. We do not perform, and will not be responsible for, any of the services requested by you in your service request. The applicable federal, state, provincial and/or local laws shall govern your rights. Should you have a dispute or claim for damages with any limousine company, you must address such dispute with the limousine company directly. YOU HEREBY AGREE TO RELEASE COMPANY (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) AND ANY OTHER PERSON, FIRM, OR ENTITY (INCLUDING OUR BUSINESS PARTNERS SUCH AS A PRODUCT MANUFACTURER OR SUPPLIER WHO MAY EMPLOY THE COMPANY'S SERVICES) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH LIMOUSINE COMPANIES.
- Booking through the Site or Call Center. While we have no legal obligation, if you book directly through the Site, we have developed a resolution process to try and assist you in resolving any problems that may arise during the course of limousine service(s) you booked through us. You must participate and use good faith efforts to resolve problems through the Company resolution process. You must also provide accurate and complete contact information in order for us to assist you, post booking. Failure to provide accurate information could mean we are unable to assist you in resolving a dispute, post booking.. Such limited assistance provided by us will in no way void or nullify the release and indemnification described in the Terms.
INFORMATION YOU PROVIDE TO US. Upon using the Services, you will be prompted to disclose certain information about yourself and your service requirements on our Site. Some of this information may be sent to limousine companies who will use this information to respond to you or to other persons or entities in connection with our business. By providing this information to us, or by submitting a service quote request, you are requesting, and you expressly consent to being contacted by us and by our limousine companies and providers via phone, email or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the Services set forth on our Site, to service your account, to reasonably address matters pertaining to your account, or for other purposes reasonably related to your service request and our business, including marketing related emails, provided you agree to receive such emails. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with Company and its partners and, therefore, agree to be contacted by Company and/or its partners. You promise that all information you provide will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to refuse any current or future use of the Services (or any portion thereof) by you. You are responsible for any use of Company services by persons to whom you intentionally or negligently allow access to your password.
YOUR USE OF OUR SERVICES. You acknowledge and agree that you are at lest eighteen (18) years of age and that your use of Company services is for your personal use and not for any commercial or advertising purposes. You agree that all of the content and information posted on the Sites, including but not limited to our limousine company profiles/web stores and ratings & reviews (including any ratings and reviews or other content posted by you), is the sole and exclusive property of Company, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to Company for any such damages, and will indemnify Company in the event of any third party claims against Company based on or arising from your violation of the foregoing. Company reserves the right to revoke your access to the Sites and Services at any time. All information about limousine.com companies is confidential and for your personal use only. If it is determined or suspected by Company in its sole discretion that you are misusing or attempting to misuse or circumvent the Services, or are using or attempting to use the Services for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, Company reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies. TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO COMPANY AND ITS LIMOUSINE COMPANY PARTNERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO COMPANY AND EACH COMPANY SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.
NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THE SITES. Permission to use documents (such as press releases, datasheets, content, informational items and FAQs – the “Documents”) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Sites is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of Company. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the Sites or any other Company owned, operated, licensed or controlled site. Elements of the Sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Sites may be copied or retransmitted unless expressly permitted by Company. COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED IN CONNECTION WITH COMPANY SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. COMPANY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SITES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICES AT ANY TIME.
LINKS TO THIRD PARTY SITES. The links in the Sites will allow you to leave the Sites. The linked sites are not under the control of Company and Company is not responsible for the content or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Company is not responsible for webcasting or any other form of transmission received from any linked site. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the site.
THIRD PARTY SOFTWARE. The Sites and Services may operate or interface with software or other technology that is licensed to Company from third parties (“Third Party Licensors”), which is not proprietary to Company, but which Company has the necessary rights to license to you (“Third Party Software”) as an component of the Services. You agree that (a) only use/access such third party software will be made in accordance with this Agreement, (b) no Third Party Licensor makes any warranties, conditions, undertakings or representations of any kind, either express or implied, to you concerning such third party software or the Products themselves, (c) no Third Party Licensor will have any obligation or liability to you as a result of this Agreement or your use/access of such Third Party Software, (d) such third party software may be licensed under license terms which grant you additional rights or contain additional restrictions in relation to such materials, beyond those set forth in this Agreement, and such additional license rights and restrictions may be described or linked to the applicable webpage for the Third Party Licensors.
LIMOUSINE COMPANY PRESCREENING PROCEDURES AND DISCLAIMERS.
- Company uses the following criteria as part of its registration enrollment process ("registration") for new limousine companies, with the exception of Master Accounts (as described below) applying for membership in our network. Company confirms at the time of a limousine company’s registration that a prospective new limousine company member:
- can provide evidence of the minimum required licensing. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities prior to initiating the enrollment process. In some states, licenses may be required by the county or local authority in which the limousine services are being performed (such as picking up passengers at a specific airport). We recommend you confirm these license requirements before proceeding with your services. We also recommend that you ask the limousine company to provide you with a copy of their license.
- can provide evidence of the appropriate, applicable bonding and current levels of automobile, general liability and indemnity insurance.
- is in good standing within the state in which it maintains its principal place of business (applies for business types that require a Secretary of State filing).
- Limousine company information is confirmed at the time of registration. This may change, expire or be revoked/suspended over time; while Company attempts to maintain accurate and up-to-date information, and confirms changes when notified, we perform screening solely at the time the member applies for membership in the Company network, and, therefore, we cannot guarantee that profile and screening information is accurate or that a company’s licensing or insurance is in effect at the time of your service.
- It is common practice for limousine companies to farm-out limousine services to other limousine companies. In the event that the limousine company you selected chooses to farm out your ride, Limos.com is not responsible and/or liable for any 3rd party claims. Therefore, when you book a ride, you HEREBY AGREE TO RELEASE COMPANY (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) AND ANY OTHER PERSON, FIRM, OR ENTITY (INCLUDING OUR BUSINESS PARTNERS SUCH AS A PRODUCT MANUFACTURER OR SUPPLIER WHO MAY EMPLOY THE COMPANY'S SERVICES) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACTIONS OR INACTIONS OF THE FARMED OUT RIDE LIMOUSINE SERVICE PROVIDERS.
- Limousine Companies Profiles: Company allows limousine companies to post profiles about themselves and their business on the Sites. Company does not review or verify the information or representations set forth in those profiles as they are self-reported by the limousine company.
- Notwithstanding Section 7 a, i-iii above, Company does not make any representations or warranties that members are appropriately licensed, free of significant state-level civil legal judgments, or carry appropriate automobile, general liability, and indemnity insurance or bonding at the time of registration, during the period they are members, or thereafter. As circumstances can change daily, Company advises consumers to check these matters for themselves especially at future dates. Company does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that Company checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
- Company uses the following criteria as part of its registration enrollment process ("registration") for new limousine companies, with the exception of Master Accounts (as described below) applying for membership in our network. Company confirms at the time of a limousine company’s registration that a prospective new limousine company member:
REGISTRATION DISCLAIMER: COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE REGISTRATION PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE REGISTRATION PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.
POSTING RATINGS AND REVIEWS ON THE SITES.
- Company reserves the right, but not the obligation, to refuse to post or to remove any review if Company determines (in its sole discretion) that it contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language, hate speech (e.g., racist/discriminatory speech) or references to illegal activity.
- Reviews that are submitted by a reviewer whose personal information does not match our records as someone who completed a booking with Site and the corresponding limousine operator.
- Reviews that do not address the services of the limousine company or reviews with no qualitative value (e.g., "ride has not happened yet ").
- Language that violates the standards of good taste or the standards of the Site.
- Comments concerning a different limousine company or any reviewers who are present or former drivers or employees of a limousine company being reviewed.
- Information not related to work requested in the service request.
- Statements that are or appear to be false.
- Comments that disparage Company.
RATINGS AND REVIEWS ARE NOT ENDORSED BY COMPANY.
- All ratings and reviews of a limousine company displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of Company. Company disclaims any and all representations or warranties with regard to the ratings and reviews.
- Reviews do not reflect the views of Company; its parent, subsidiary or affiliated companies; or its employees, officers, directors, or shareholders.
- Company does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.
INDEMNIFICATION. YOU AGREE TO INDEMNIFY COMPANY, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE COMPANY SERVICES OR IN CONNECTION WITH THE SITES OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
WARRANTY. You acknowledge and agree that the Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and Company's sole obligation to you or any third party for any claim arising out of your use of the Services or the Sites, is that you are free to discontinue your use of the Services or the Sites at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, COMPANY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT COMPANY SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
GENERAL PROVISIONS.
- The Terms will inure to the benefit of Company's successors, assigns and licensees.
- If any provision of these Terms shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms.
- The failure of Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
- You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Sites or Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- The section titles in the Terms are for convenience only and have no legal or contractual effect.
- The Terms are governed by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely in the State of California and between California residents. You agree to submit to jurisdiction in California and that any claim arising under these Terms will be brought solely in a court in San Francisco County, California.
- Any notices required to be given in writing to Company or any questions concerning this Agreement should be addressed to: customerservice@limos.com.
DMCA
If you are a copyright owner or an agent thereof and believe that any submitted content or other content on our Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our designated copyright agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
- A physical or electronic signature of the copyright owner or authorized agent;
- Identification of the copyrighted work(s) claimed to have been infringed;
- Identification of the material that is alleged to be infringing or is the subject of the allegedly infringing activity that you desire to have removed or access to which is to be disabled;
- Information that is specific and sufficient to permit us to locate the material, including the URL and/or a specific description of where the material is located;
- Information reasonably sufficient to permit the service provider to contact you, such as a mailing address, telephone number, or email address;
- A statement that the copyright owner or its authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may send the above information to: On Demand iCARS Inc., 50 Pier 50, San Francisco, CA 94158, email: legal@limos.com. For clarity, only DMCA notices should go to the copyright agent. Other feedback, comments, requests for technical support, and other communications should be directed to Limos.com customer support at customerservice@limos.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
Be aware that if you materially misrepresent that a product or activity is infringing your copyrights, you may be liable for any damages (including costs and attorneys’ fees). If you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
COUNTER-NOTICE
If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content, you may send a counter-notice to the designated copyright agent above with the following information:
- Your physical or electronic signature;
- Identification of the content that has been remove or to which access has been disabled;
- Information that is specific and sufficient to describe where the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content; and
- Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the copyright agent, Limos.com may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Limos.com’s sole discretion.
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