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| Web
Site Terms of Use |
| Acceptance. Use of the mylimousine.com
("mylimousine.com") web site at www.mylimousine.com
(collectively, the "Web Site") and the
on-line reservation services (the "Services")
provided by mylimousine.com are subject to the terms
and conditions of use set forth below ("Terms
of Use"), which include the Privacy Policy
set forth at mylimousine.com/privacy and incorporated
into these Terms of Use by reference. PLEASE READ
THESE TERMS OF USE CAREFULLY BEFORE USING THE WEB
SITE OR THE SERVICES. BY USING THE WEB SITE OR THE
SERVICES, YOU AGREE TO THESE TERMS OF USE. IF YOU
DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE
WEB SITE OR THE SERVICES. MYLIMOUSINE.COM MAY CHANGE
THESE TERMS OF USE FROM TIME TO TIME WITHOUT NOTICE,
AND SUCH CHANGES WILL BE EFFECTIVE ON THE DATE THEY
ARE POSTED ON THE WEB SITE. USE OF THE WEB SITE
AFTER SUCH CHANGES HAVE BEEN POSTED CONSTITUTES
YOUR ACCEPTANCE OF ALL SUCH CHANGES. |
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| Use of the Web Site and the Services.
You may only use the Web Site and the Services
in accordance with the Terms of Use, any posted
policies and procedures that appear on the Web Site,
and for lawful purposes. You agree not to use the
Web Site to: (a) transmit any material that infringes
or misappropriates any third party's copyright,
trademark, trade secret, patent, or other proprietary
rights, (b) transmit any material that is false,
inaccurate, fraudulent, or misleading, (c) distribute
computer viruses, worms, or software intended to
damage or alter a computer system without the owner's
consent, (d) use "auto-responders," "cancel-bots,"
or other similar mechanisms that generate excessive
network traffic, (e) transmit any unlawful, harmful,
defamatory, pornographic, obscene, vulgar, threatening,
harassing or otherwise objectionable material, (f)
send or relay any unsolicited advertising or chain
letters, or (g) attempt to gain unauthorized access
to the Web Site or any part thereof, or other accounts,
computer systems or networks connected to the Web
Site, through login password mining or any other
means. mylimousine.com reserves the right to terminate
your access to the Web Site or Services at any time
without notice if it determines, in its sole discretion,
that you have abused or violated any of these terms
and conditions. |
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| ID Number, Password and Security.
You are responsible for maintaining the confidentiality
of any user ID and/or password provided to you by
MYLIMOUSINE.COM for use in connection with the Web
Site or the Services. You are solely responsible
for all activities that occur under your user ID
and/or password, and you agree to notify MYLIMOUSINE.COM
immediately of any unauthorized use of your user
ID and/or password or any other breach of security
related to the Web Site. MYLIMOUSINE.COM WILL NOT
BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR
FAILURE TO SAFEGUARD YOUR USER ID AND/OR PASSWORD
OR TO COMPLY WITH THIS SECTION. |
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| Proprietary Rights. The Web Site,
certain content therein, the Services and any underlying
software may be protected by copyright, trademark,
patent, and/or other intellectual property and proprietary
rights laws and are owned (along with all proprietary
rights therein) by mylimousine.com International
and its licensors. You agree that you will not copy,
distribute, republish, display, post, transmit,
download, or modify any content you obtain from
the Web Site without MYLIMOUSINE.COM'S prior permission;
provided, however, that you may download or print
a copy of information from the Web for your use
in learning about, reserving, or using the services. |
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| Warranty Disclaimer. THE WEB
SITE, THE SERVICES, AND ANY INFORMATION PROVIDED
THROUGH THE WEB SITE ARE PROVIDED BY MYLIMOUSINE.COM
ON AN "AS IS" BASIS, AND NEITHER MYLIMOUSINE.COM
NOR ITS SUBSIDIARIES, PARTNERS, AFFILIATES, VENDORS
OR SUBCONTRACTORS MAKE ANY REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION
OF THE WEB SITE OR SERVICES OR THE INFORMATION MADE
AVAILABLE BY OR THROUGH THE WEB SITE OR THE SERVICES.
IN ADDITION, MYLIMOUSINE.COM DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, STATUTORY AND NON-STATUTORY,
INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, ACCURACY OF INFORMATION, TITLE,
QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM
COURSE OF DEALING OR CUSTOM OF TRADE. NEITHER MYLIMOUSINE.COM
NOR ANY OF ITS SUBSIDIARIES, PARTNERS, AFFILIATES,
VENDORS OR SUBCONTRACTORS WARRANTS THAT USE OF THE
WEB SITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY
TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
THE WEB SITE IS FREE OF VIRUSES OR OTHER POTENTIALLY
HARMFUL COMPONENTS. Some jurisdictions may not allow
the exclusion of certain warranties, so some of
the above exclusions may not apply to you. |
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| Limitation of Liability. IN NO
EVENT WILL MYLIMOUSINE.COM, ANY OF ITS SUBSIDIARIES,
PARTNERS, AFFILIATES, VENDORS OR SUBCONTRACTORS,
INCLUDING THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES
(INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM
LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE
WEB SITE, THE SERVICES, OR ANY WEBSITES LINKED TO
THE WEB SITE, WHETHER BASED ON CONTRACT, TORT OR
OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER MYLIMOUSINE.COM
KNEW OR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MYLIMOUSINE.COM's AGGREGATE LIABILITY ARISING FROM
OR RELATING TO THE WEB SITE OR THE SERVICES (REGARDLESS
OF THE CAUSE OF ACTION, WHETHER UNDER CONTRACT,
TORT, OR OTHER LEGAL THEORY) IS LIMITED TO $50.
THE FOREGOING LIMITATIONS OF LIABILITY ARE INDEPENDENT
OF, AND SHALL APPLY REGARDLESS OF, ANY FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED OR EXCLUSIVE REMEDY.
You acknowledge that MYLIMOUSINE.COM has agreed
to provide the Web Site and the Services in reliance
on the exclusions of liability and disclaimers of
warranty set forth herein. Some jurisdictions do
not allow the limitation of incidental or consequential
damages, so the above limitation may not apply to
you. |
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| Indemnification. You agree to
indemnify and hold MYLIMOUSINE.COM, its subsidiaries,
partners, affiliates, vendors, subcontractors, officers,
employees, and agents harmless from any and all
losses, liabilities, damages and/or costs (including
reasonable attorneys' fees) arising from any third-party
claims arising from or related to your use of the
Web Site, the Services or your violation of the
Terms of Use. |
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| Arbitration. All claims, disputes
and controversies arising out of, relating to, or
in connection with, the Terms of Use, or the breach
thereof ("Dispute"), shall be resolved by final
and binding arbitration before the American Arbitration
Association ("AAA"). The AAA arbitration shall be
conducted in State of New Jersey, . by three AAA
arbitrators to be selected by the parties to the
Dispute. If the parties are not able to agree on
the selection of the AAA arbitrators, they shall
follow the AAA's arbitrator selection process. In
either event, the AAA arbitrators shall be selected
no later than thirty days following the filing of
Claimant's demand for arbitration and at least one
of the three AAA arbitrators shall be knowledgeable
and experienced in the commercial aspects of similar
transportation services. Arbitration proceedings
brought under this provision shall not be consolidated.
Discovery shall be limited to: (1) one set of document
requests per party; (2) one set of interrogatories
per party; and (3) three depositions per party (30(b)(6)
depositions shall count as one deposition regardless
of the number of persons produced to testify on
behalf of the legal entity). If a party adds a cause
of action to its demand for arbitration or counterclaim
after it has received written discovery from another
party, then the party issuing such written discovery
shall be entitled to a second set of written discovery.
Discovery disputes shall be resolved by the AAA
arbitrators no later than seven calendar days following
the AAA's receipt of one memorandum from each party
to the discovery dispute. A final hearing on the
merits shall last no more than four consecutive
business days and shall occur no later than five
months following the date of the filing of the demand
for arbitration (the "Hearing"). Pre-Hearing briefs
shall not exceed twenty-five pages and post-Hearing
briefs, which shall be filed no later than seven
calendar days after the conclusion of the Hearing,
shall not exceed fifteen pages. The AAA arbitrators
shall make detailed written findings to support
their final award and such final award shall be
delivered to the parties no later than thirty calendar
days following the conclusion of the AAA's final
hearing. Judgment upon the final arbitration award
may be entered in any court having jurisdiction.
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| General. The Terms of Use will
be governed by and construed in accordance with
the laws of the State of New Jersey as they are
applied to contracts entered into by residents thereof
and performed entirely within the State of New Jersey.
If any provision(s) of the Terms of Use is found
to be contrary to law, then such provision(s) will
be construed, as nearly as possible, to reflect
the intentions of the parties with the other provisions
remaining in full force and effect. Any waiver,
modification, or amendment of these Terms of Use
must be in writing and signed or otherwise authenticated
by MYLIMOUSINE.COM. You may not assign this agreement
to any other party, and any such attempted assignment
is void. The Terms of Use constitute the entire
agreement between you and MYLIMOUSINE.COM with respect
to the Web Site and the Services and supersede any
and all prior or contemporaneous oral agreements;
however, notwithstanding the foregoing, the Services
shall also be governed by any terms set forth on
the confirmation you receive from MYLIMOUSINE.COM,
to the extent such terms are not inconsistent with
these Terms of Use. |
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