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.
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.
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.
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.
RATINGS AND REVIEWS ARE NOT ENDORSED BY COMPANY.
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.
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):
You may send the above information to: On Demand iCARS Inc., 50 Pier 50, San Francisco, CA 94158, email: firstname.lastname@example.org. 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 email@example.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.
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:
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.
© Limos.com. All rights reserved.