Terms of Service Agreement
By using Limos.com you agree:
- To obey all applicable laws and regulations for operation of your limousine service. It is your responsibility to be aware of and comply with such rules, regulations and procedures.
- You are a properly licensed and insured limousine operator, qualified and capable of performing the services you have selected via our Sites (including vehicles, airports served, service types and areas).
- To honor pricing and availability for our Customers that you have made available via our Site and to not charge Limos.com Customers more than you charge your other Customers.
- To pay Limos.com Lead Fees for each type of Lead we send you that matches your pre-determined business criteria. Your Lead Fees are provided on the Leads Page of your Limos.com account. Limos.com does not have account activation fees, annual fees or minimum contract term requirements.
- To promptly review your billing statement and notify our Operator Support of any questions regarding charges. You agree to maintain a prepaid account balance with Limos.com as described in this Agreement.
- Not to sell, trade or otherwise transfer any Leads provided by Limos.com to any other party unless specifically authorized by Limos.com. You must have base of operations within the service area you establish on our Site. We do not allow centralized, brokering clearinghouses or reservation centers to receive Leads.
- You agree to update any changes to your contact information, email, credit card numbers and expiration dates (by using the "My Info" section of your account). You remain liable for all fees charged to your account until you have made such updates.
- Service Providers must provide thirty (30) days prior written notice for termination of Subscription Plans and shall not receive any refunds, pro-rated or otherwise, of any pre-paid amounts for said plans. Following any termination, you remain responsible for subscription payments owed until 30 days after receipt of this cancellation request. If your account balance is insufficient to cover outstanding charges, you will remain liable for all such amounts.
Limos.com Terms of Service Agreement
Effective Date: May 3, 2012
In these Terms of Service, we will refer to you, the member limousine service partner, and all of your d/b/a's, affiliates, agents, employees, representatives, subsidiaries, locations and subcontractors as "you" or "Service Partner" and to Limos.com, Inc. and its employees and agents as "we" or "us" or "Limos.com." Each of Limos and Service Partner are a "Party" and together they are the "Parties". References herein to the Limos.com web site include any and all web sites now, or hereafter, owned or operated by Limos.com.
Limos.com receives requests from its customers ("Customers") for certain services. In turn, Limos.com may send you a communication about such Customer's expressed service request need (a "Lead"). We may also send your contact information to the Customer. The information we provide about you will be based on the information you submit to us on our Sites (which you may amend from time to time) and customer ratings and reviews ("Customer Ratings & Reviews"), and may be amended by Limos.com from time to time. Leads may also be sent to other member Service Partners based on the category of the Customer request. We have different tiers of Service Partners so that you can distinguish your business if you have met certain criteria specified by Limos.com. We limit the number of Service Partners that are displayed to a Customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a Customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the Customers, or that any Customers will hire you to perform services, nor do we guarantee that you will successfully contact each Customer, either directly or via our Services. We are not involved in, nor do we have any responsibility for your contracts with Customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. Limos.com is free to contract with other Service Partners as this is not an exclusive contract.
Access to the Site
Restrictions on Use
You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with Limos.com, any Customer or other third party, including, but not limited to: (i) incorporating any fee in a Customer's bill for any fees paid to Limos.com, (ii) charging Limos.com Customers any more than your other Customers, or (iii) disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A LIMOS.COM SERVICE LEAD (OR THE INFORMATION CONTAINED THERIN) OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS OF SERVICE, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OF OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO LIMOS.COM AND OTHER SERVICE PARTNER MEMBERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME, EFFORT ON THE PART OF LIMOS.COM. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR UTILIZE A LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS OF SERVICE, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO LIMOS.COM AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH ACTIVITIES. You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to Customers you learn of via our Service. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of these Terms of Service. You agree not to sell, trade, gift, assign, or otherwise transfer any Leads provided by Limos.com to any other party, including any other Limos.com Service Partner(s). Furthermore, all Service Partners must have a garage location or base of operations within the service area you establish on our Site. You must have a local address and a local telephone within such service area. Nationwide/worldwide companies must open multiple accounts with their satellite offices’ local addresses and local numbers. Limos.com does not list centralized, brokering clearinghouses or reservation centers unless the locality requirements are met above.
Licensing / Insurance
By accepting membership in the Limos.com network or accepting a Lead, you agree to the Terms of these Terms of Service and represent, on behalf of you, your company (including any predecessor entities of your company), employees, and any individuals performing work on your behalf, as follows:
- You are licensed, insured, qualified and capable of performing the limousine or other services you have provided to us or selected via the Sites or otherwise (including but not limited to including vehicles, airports served, service types and service areas) and any subsequent updates you provide to us.
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable governmental, regulatory and industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this). Further you agree that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company are operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions.
- You will comply with the Limos.com membership requirements as specified from time to time, including providing Limos.com with any required documentation of licensing and insurance coverage. Each applicant to Limos.com must complete and submit a membership application. Upon receipt of the application, Limos.com 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 Services once the company has filled out all required information in the Service Partner member area, 'Ground Control,' including loading your Service Partner account with a positive account balance
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions, OR you have provided Limos.com with an accurate and truthful written statement detailing any exceptions. If at any time during your membership with Limos.com you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify Limos.com. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize Limos.com to verify that all of the above representations are truthful and accurate.
You represent and warrant that you will perform your services for Customers in a good and workmanlike manner consistent with the highest industry standards. You will cooperate with us if we attempt to facilitate the resolution of any Customer complaints between you and your Customers; however we are not liable to you or any Customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a Customer based upon your performance of or failure to perform services for a Customer, and you agree to reimburse us for any such payments. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed. Service Partners must deliver a level of service that will meet Customer expectations. All Limos.com Service Partners agree to:
- Represent Limos.com in a professional manner, including quality of service or work, professional appearance and superior service;
- Treat Customers with courtesy and respect;
- Be on time for Customer reservations and proactively contact Customers when a possible delay in a reservation is known to the Service Partner;
- Return phone calls in a timely manner;
- Provide Customers with detailed and complete contracts and invoices, if applicable;
- Honor and fulfill all contracts and promises made;
- Encourage Customers to participate in the Ratings and Review process related to their service request; and
- Participate in the Limos.com resolution process for customer disputes as necessary.
Code of Ethics
There are three groups in the Limos.com community that work together to create a beneficial match between customers seeking services and qualified local limo operators: (1) customers; (2) Service Partners; and (3) Limos.com team. You agree to work with these groups to:
- Act with Integrity and Mutual Respect. Commitments between Customers and Service Partners will be clearly stated and honored. Service Partners agree to keep appointments and reservations;
- Communicate Openly. Communication between Customers and Service Partners is to be timely, candid and simply stated. Concerns are to be expressed openly and objectively so that, whenever possible, conflicts may be discovered early and resolved quickly;
- Share Information. All Customers should be encouraged to contribute to Ratings and Reviews. The Ratings and Reviews are intended to expand the power of "word of mouth" to promote Service Partner capabilities and encourage continuous improvement. All service requests will be registered, monitored and evaluated to provide a medium in which each of the three groups comprising the Limos.com community may obtain their intended benefits;
- Commit to Problem Resolution. If requested by either a Service Partner or Customer, Limos.com may offer programs that are designed to assist Customers and Service Partners in resolving problems that arise between them. Service Partners commit to addressing any and all issues between Service Partners and Customers in a manner consistent with the Limos.com resolution process as may be in place from time to time;
- Respect Privacy. Service Partners should take reasonable steps to protect all personal and confidential information shared by Customers while facilitating limo service.
We provide Customers with the ability to rate their experience working with you via Customer Ratings & Reviews and disclose such ratings publicly. Limos.com may request Customers to provide quality feedback information evaluating their experience with each Service Partner. Survey questions include but are not limited to the following: (1) Overall Experience; (2) Vehicle Condition; (3) Chauffeur Quality; (4) Service Level; and (5) Value. The results of the reviews will be shared publicly on Limos.com. Any service issues identified via low quality ratings may result in termination of these Terms of Service or require Limos.com management review to discuss the issues and to develop a formal plan to prevent the future occurrence of such issues. You acknowledge and agree that Limos.com has the right, in its sole discretion, to contact Customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings & Reviews on our Sites. Limos.com is not responsible or liable to you for any comments, ratings or communications of any kind from Customers that we choose to post on our Sites.
As a condition of using our Site and Services, if you provide written comments or testimonials about our service or activities or upload or submit any photos or other content on our Sites, you agree that we shall have a worldwide, non-exclusive, irrevocable, fully paid, royalty-free license (with the right to sublicense and transfer), for any and all intellectual property rights in such comments, testimonials, or other content you submit and that we may store, reproduce, edit, modify, post, and publish your comments or submitted content, or portions thereof, including your name and company or agency, at our sole discretion on our Sites or in marketing materials, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, photographs and other content ("Submitted Data") in the form or format that you supply to us or that you upload to our Sites, for use and posting on our Sites and for use in marketing materials to be presented to Customers in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments, royalties, moral rights or "droit morale" associated with our use of the Submitted Data. Limos.com reserves the right, in its sole discretion, to review, reject and remove any Submitted Data that you upload to the Limos.com Sites or your company profile. You further represent that you have all necessary rights to display any of the Submitted Data and you represent that your uploading for display of any such Submitted Data, and the use by Limos.com of the same, as contemplated by these Terms of Service, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such Submitted Data, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of these Terms of Service to use certain proprietary rights, such as trademarks or service marks of Limos.com, as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of Limos.com.
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: Limos.com, Inc., 2 Embarcadero Center, Suite 1070, San Francisco, California 94105, email: email@example.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 firstname.lastname@example.org. 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.
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.
You may be issued an individual login / user name and password in order to use the Services and/or access the Site. The license to use the Services by each Service Partner or end-user may not be shared or used by more than one individual. Any unauthorized access or use of passwords or Services may result in immediate suspension or termination of accounts. Service Partner will: (i) promptly notify Limos.com of any known unauthorized uses of any password(s) or accounts; and (ii) report to Limos.com promptly and use reasonable efforts to stop any known copying or distribution of Site content or any other known or suspected breach of security.
Manager Accounts and Sub-Accounts
If you elect, and are eligible, to become a manager account ("Manager Account"), and you meet the applicable Limos.com requirements, you may assign a Lead (that you do not personally take and contact) to a pre-designated employee or agent such as a sub-contractor or agent working under your direct supervision (a "Sub-Account Agent"), which Sub-Account Agent must be registered and approved as a Service Partner in our system prior to being eligible to receive any Leads. You may assign a Lead to the Sub-Account Agent, such that only one of your Sub-Account Agents (and not you, except for the sole purpose of introducing the Sub-Account Agent to the Customer) will ever contact the Customer relating to such Lead. You, as Manager, are not allowed to contact a Lead and then transfer the Lead to a Sub-Account Agent, or transfer the Lead to a Sub-Account Agent and then separately contact the Lead (for example to re-pitch, retrieve or try to salvage the Customer). Any Sub-Account Agent that receives a Lead from a Manager Account may not transfer, sell, share or distribute such Lead in any way to any other parties whatsoever, including but not limited to office-mates or any other Sub-Account Agents working with for the same or other Manager Accounts, or back to the Manager Account (and you, as Manager, agree to insure that Sub-Account Agents comply with this restriction). You hereby acknowledge and agree that you are liable for all of the actions, and failures to act, of your Sub-Account Agents, including any misuse by your Sub-Account Agents of a Lead (i.e. sale, unauthorized transfer, exchange, disclosure of confidential user information to a third party), and any breach of these Terms of Service by your Sub-Account Agents shall entitle us, in addition to our right to terminate your Account and any of your Sub-Agent Accounts, to seek damages (including without limitation any attorney's fees, court costs, expenses, and interest) from you, including but not limited to injunctive relief and any damages incurred due to any breach of a Customer's privacy. In addition, your indemnification obligations under these Terms of Service apply to the acts, or failures to act, of your Sub-Account Agents, as if such acts, or failures to act, had been committed by you.
Lead Fees and Prepaid Billing Plans
You agree to be bound by the Limos.com billing plan ("Billing Plan") provisions for any and all Leads presented to you. All fees are stated and payable in United States Dollars. Limos.com's billing system requires you to pay in advance of receiving any Services (a pre-paid account system). Credit card holders must be set up as a contact for the applicable account prior to authorizing and setting up his/her card for Lead charges. For services on a Cost Per Lead basis, as you accrue charges, we deduct the cost from your pre-paid balance. To maintain your positive account balance, you agree that we may automatically charge your credit/debit card a "Reload" amount when your prepaid balance falls below a minimum level ("Reload Trigger") under one of the plans described below. Limos.com has a minimum Reload amount of US $99 and Reload Trigger of US $25. For weekly or monthly Subscription Plans, as defined below, charges are prepaid on a periodic weekly or monthly basis. You will pay Limos.com any applicable fees which include: (i) the minimum Lead Fees which are provided in the Leads Page of your account; (ii) optional higher Lead Fees which you enter in your account; and (iii) any fees corresponding to additional services which you agree to in advance. All Limos.com fees are non-refundable. There are no activation fees or minimum volumes. All Lead Fees constitute advertising fees paid by you to Limos.com and are in no way, referral commissions based upon your successful completion of services. No fee is due or payable to the extent such fee is in violation of any applicable law.
Limos.com offers the following payment plan options:
- Auto-Managed Plan: The "Auto-Managed Plan" maintains your account balance based on your actual account activity. In this plan your Reload will equal your previous 14 days of actual charges minus your current account balance. Your Reload Trigger will equal to your previous 7 days of actual charges or estimated charges. New Limos.com members (with no account history) will have an initial Reload set at $99 USD and Reload Trigger at $25 USD. On your first Reload, the system will estimate your new Reload and Reload Triggers. All Service Partners start in the "Auto-Managed Plan" by default.
- Self-Managed Plan: In the "Self-Managed Plan" you set your preferred Reload and Reload Trigger and you can adjust them in the "Billing" section of your account. You can change to the Self-Managed Plan (see below) by logging into the Billing section of your account.
- Subscription Plan: The "Subscription Plan" allows the receiving of leads online by paying a weekly or monthly periodic fee, agreed to by you in advance. By requesting membership in the Subscription Plan, you agree that as a condition of your continued membership in the Subscription Plan you authorize Limos.com, Inc. or its agent to charge your acceptable payment method ("Payment Method") the periodic Subscription Plan fee, on each weekly or monthly periodic anniversary date of that plan, until your Subscription Plan enrollment is canceled as herein provided. For example, if your paid Subscription Plan began on April 5, your monthly periodic anniversary date is the 5th of each month or, alternatively, your weekly periodic anniversary would be on April 12 and every week thereafter, and your Payment Method will be charged for the applicable monthly or weekly periodic plan fee on that day each month or week. If your monthly periodic anniversary date falls on a date that is not contained in your anniversary month (for example, if your paid membership started on the 31st day of a month), your Payment Method will be charged on the first day of the following month. You will not be provided with copies of charge slips evidencing the recurring charges of the applicable periodic membership fee. You agree to pay the applicable periodic plan fees in accordance with your Payment Method issuer agreement, if applicable.
Positive Account Balance Required
If your prepaid balance becomes zero or negative, your account will be immediately inactivated and all Services stopped. You agree to waive all interest or benefits, if any, which may accrue on any prepaid balances to your account. Failure to maintain the required balance or properly maintain your account may result in closure of your account or additional administrative fees to restart your account.
Service Partners are solely liable for all taxes associated with the use of Services and obligations to Customers pursuant to these Terms of Service. Limos.com reserves the right, in its sole discretion, to withhold any amounts if it has determined that you have used the Service in a fraudulent manner, are in violation of any laws or regulations, or are in violation of these Terms of Service. Such withholding may be temporary or permanent, as determined by Limos.com.
If you wish to terminate your account, you must provide us notice in writing via fax to 415-520-9879. Upon termination, Limos.com, Inc. will stop the delivery of services provided to you under these Terms of Service on the date you terminated. For services based on a per-lead basis, your account balance will be refunded to you within thirty (30) days without interest by check or credit card, less any amounts owed on our account. Service Providers must provide thirty (30) days prior written notice for termination of Subscription Plans and shall not receive any refunds, pro-rated or otherwise, of any pre-paid amounts for said plans. Following any termination, you remain responsible for payments owed under these Terms of Service. If your account balance is insufficient to cover outstanding charges, you will remain liable for all such amounts. If such unpaid charges are not promptly remitted, you may become liable for additional service charges, fines, or penalties, in accordance with applicable law and you may be subject to collection actions for any unpaid balance as provided in these Terms. Limos.com, in its sole discretion, also reserves the right to suspend your rights under these Terms of Service or terminate these Terms of Service and your membership in the Limos.com network immediately at any time for any reason or no reason at all. Unless specifically stated herein, Limos.com will not issue any refunds for use of its Site or Services.
Effect of Termination
Upon termination, Limos.com and Service Partner must promptly remove any reference to any affiliation with the each other, including the removal of any logos, trademarks, or other copyrighted content. Any provisions in these Terms of Service regarding Service Partner’s obligations, proprietary rights, payment of fees, Indemnification, Limitation of Liability, Disclaimer of Warranties, Legal Rights / Remedies and Arbitration shall survive termination of these Terms of Service.
Account Information / Operator Support
You are liable for all charges on your account. You acknowledge that it is your responsibility to ensure that the contact and communication methods that you have selected in your Limos.com profile are kept up-to-date and accurate. Limos.com is not responsible, or liable, for undelivered Customer notifications. If your account information is lost or stolen or you suspect that your Limos.com account has been accessed without your permission, please call our Operator Support immediately by telephone at 800.660.7686.
Credits / Billing Disputes
We may, in our sole discretion, issue you a credit ("Credit") based on Lead feedback submitted by you, provided, however, that any and all Credits must be requested by you within 30 days of the date that the charge was incurred. Credits that are issued to a Service Partner's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, six months after the date the Credit was issued. Limos.com reserves the right, at its sole discretion, to provide periodic discounts and incentive programs to you and/or other Service Partners. In the event of a billing dispute, the account holder or Service Provider must first attempt to resolve the dispute directly with the designated Limos.com account manager prior to initiating a charge-back for that transaction.
You may view a statement of your monthly lead activity on your Limos.com account, in the Billing section of your online account. Limos.com will process your billing via your selected Payment Method. You may provide a primary card and a back-up card. We will attempt to bill your primary card and if it fails we will attempt to bill your back-up card. Any past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law and a $5 administrative processing fee. Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and the National Limousine Association and we may bill you for any and all collection and related collection or litigation fees.
Some of the Limos.com Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to Limos.com content, user-generated content, queries, or other information. The manner, mode, and extent of advertising by or permitted by Limos.com on the Site are subject to change without specific notice to you. In consideration for Limos.com granting you access to and use of the Site and Services, you agree that Limos.com may place such advertising on the Site or Services
Electronic Delivery / Our Communications With You
You agree to electronic delivery of your account/billing/activity records and/or Leads all notices, disclosures and other information relating to your account and the Services provided by us in connection with your account. You agree that electronic delivery of these documents will be good delivery to you and be deemed received by you when sent, whether you actually access or view a message. You understand that it is your responsibility to promptly and carefully review any messages made available to you electronically or via the Site and to immediately notify us of any errors. You may change your primary e-mail address, phone number or other contact information by selecting the appropriate item from the "My Info" section of the Site after you log in. You agree to maintain an active primary e-mail address for log in and receipt of Leads and other messages. You consent to receive periodic informational and promotional emails to your email address from Limos.com or its advertising sponsors. In the event of failure of one or more of these additional addresses, e-mail notifications will be sent to your active primary e-mail address until you update your additional e-mail addresses. If you elect to stop receiving emails from us at any time, then you agree to delivery of your account/billing records and/or Leads on the Site under your "My Info" section.
You shall fully protect, indemnify and defend Limos.com and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any Customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in these Terms of Service, including any extra work, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF LIMOS.COM OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRICT LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY LIMOS.COM OR THE INDEMNIFIED PARTIES.
Limitation of Liability
IN NO EVENT ARE WE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS, LOST USE, LOSS OF GOODWILL, OR ANY OTHER DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THESE TERMS OF SERVICE OR THE USE OF OR INABILITY TO USE THIS SITE, SERVICES, OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN AN AMOUNT GREATER THAN THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO LIMOS.COM FOR THE PRECEDING SIX (6) MONTH PERIOD,PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY, REGARDLESS OF THE BASIS OR FORM OF CLAIM.
Disclaimer of Warranties
Limos.com will make commercially reasonable efforts to ensure a virus free environment, a reliable operational schedule and to provide timely correction of content known to be inaccurate. Limos.com does not represent or warrant that this Site, Services, or the content will be error-free, free of viruses or other harmful components, that defects will be corrected or that the Site or Services will always be accessible. Furthermore, Limos.com does not warrant or represent that the content available on or through this Site or Services will be correct, accurate, timely, or otherwise reliable. The Site, Services, and the content are provided on an "as is", "as available" basis, and Limos.com expressly disclaims all warranties, including the warranties of merchantability, fitness for a particular purpose and non-infringement. Limos.com disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to (a) any errors in or omissions from this Site, Services, and the content, including but not limited to technical inaccuracies and typographical errors; (b) the unavailability of this Site, Services, or any portion thereof; (c) use of this Site, Services, or the content; (d) use of any equipment or software in connection with the Site, Services, or the content; or (e) any third party web sites or content therein directly or indirectly accessed through links contained on the Site or through the Services.
Each Party agrees to maintain the confidentiality of the other Party’s confidential information as defined herein. "Confidential Information" means information concerning a Party’s business not generally known to the public that has been marked as confidential by the disclosing Party prior to its disclosure to the receiving Party or any information that could be reasonably known, given the facts and circumstances of the disclosure, as being confidential in nature. By way of illustration only, Confidential Information may include trade secrets, know-how, inventions, contractual disclosures, techniques, processes, algorithms, software programs, schematics, software source documents, contracts, customer lists, financial information, sales and marketing plans, information and business plans and other proprietary information. Confidential Information shall not include, even if it is marked as such, information that: (i) is already known to the receiving Party at the time of disclosure, which knowledge the receiving Party shall have the burden of proving; (ii) is, or, through no act or failure to act of the receiving Party, becomes publicly known; (iii) is readily observable and / or duplicable by the public; (iv) is legally received by receiving Party from a third party without restriction on disclosure; (v) is independently developed by receiving Party without reference to the Confidential Information of the disclosing Party; or (vi) is approved for release by written authorization of the disclosing Party. In maintaining the confidentiality of the other Party’s Confidential Information, each Party shall use at least the same standard that Party uses for its own confidential information of similar type, and shall take necessary precautions not to disclose such information to any person except its officers, employees or subcontractors, who have a need to know in order to comply with the obligations of these Terms of Service. Each Party’s officers, employees, and subcontractors shall be bound by the terms of this Section or a similar written agreement with terms no less protective of either Party’s Confidential Information than these Terms of Service. The Parties agree that a Party is entitled to injunctive relief as a remedy for any breach of this Section. Nothing in this Section shall prohibit Limos.com from disseminating aggregated information that contains no identifiable Service Partner Confidential Information. Notwithstanding the provisions of this Section, Limos.com may disclose Service Partner’s Confidential Information, which includes personally identifying information: (i) in accordance with a judicial or other governmental subpoena, warrant or order; provided that Limos.com shall comply with any applicable protective order or equivalent and, unless prohibited by law, Limos.com will employ commercially reasonable efforts to provide Service Partner with prior written notice, so that Service Partner has an opportunity to intervene at its own expense and to protect the confidentiality of its information; (ii) to law enforcement officials and regulators if it reasonably suspects unlawful activity; and (iii) to other Parties that are identified by Service Partner for that purpose.
The Limos.com Site, Services, and fees may need updating from time to time. These updates may temporarily disrupt use of the Site or Services and are designed to improve, enhance, and further develop the Site or Services and may take the form of bug fixes, enhanced functions, new Service offerings, and updated Services. You agree to receive such updates as part of your use of the Services.
The Limos.com Site may contain links to other sites which are not maintained by, or related to, Limos.com. Links to such sites are provided as a service to users and are not sponsored by or affiliated with this Site or Limos.com. Limos.com has not reviewed any or all of such sites and is not responsible for the content of those sites. Limos.com is not responsible for webcasting or any other form of transmission received from any linked site. Links are to be used and third party sites accessed at the user’s own risk, and Limos.com makes no representations or warranties about the content, completeness or accuracy of these links or the sites hyper-linked to this Site. Limos.com provides links as a convenience, and the inclusion of any link to a third party site does not necessarily imply endorsement by Limos.com of that site or any association with its operators
Legal Rights / Remedies
If it is determined or suspected by Limos.com in its sole discretion that you are misusing or attempting to misuse or circumvent the Limos.com services or system or any Customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by Limos.com, in addition to our right to immediately terminate these Terms of Service, Limos.com reserves the right, in its sole discretion, to instigate, 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. You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce these Terms of Service. These Terms of Service, the individual Terms, the Service and any modifications thereto may not be assigned or in any way transferred without the prior written consent of Limos.com. The terms of these Terms of Service shall be construed in accordance with the substantive laws of the State of California, United States, 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 the City and County of San Francisco, California in all disputes arising out of or relating to the use of this Service.
Any controversy or claim arising out of or relating to these Terms of Service or the provision of the Services shall be finally settled by binding arbitration in accordance with the most current commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. However, subject to the foregoing arbitration provision, you and Limos.com agree to submit to the personal jurisdiction of the courts located within the city and county of San Francisco, California. Either you or Limos.com may seek an interim or preliminary relief from a court of competent jurisdiction in San Francisco, California, necessary to protect the rights or property of you or Limos.com (or its agents, suppliers, and subcontractors) pending the completion of arbitration. YOU AND LIMOS.COM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Limos.com agree otherwise, the arbitrator may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
The relationship between Limos.com and you shall be that of independent contractors and neither party shall be or represent itself to be an agent, employee, partner or joint venture of the other, nor shall either party have or represent itself to have any power or authority to act for, bind or commit the other.
Survival of Terms
If any clause or provision of these Terms of Service is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable present or future state or federal law or regulation, the clause or provision shall be deemed to be deleted without affecting the enforceability of all remaining clauses or provisions.
Any notice to a user shall be given to the name and email or mailing address submitted at the time of registration.
Changes to these Terms
Limos.com reserves the right, in its sole discretion, to modify, alter, or otherwise change this Terms of Service at any time. We will provide notice of such change on this Site. Please review the Terms of Service and/or additional terms periodically for changes. Your continued use of the Limos.com Site constitutes your acceptance of and agreement to be bound by these changes without limitation, qualification or change. If at any time you determine that you do not accept these changes, you must stop using this Site.
For More Information
If you have any questions regarding our Terms of Service, please contact us by sending an email to email@example.com, or writing us at Limos.com, Inc., 2 Embarcadero Center, Suite 1070, San Francisco, California 94105.