TERMS OF SERVICE AGREEMENT
This Terms of Service Agreement (the "Agreement") is a legally binding agreement that governs your relationship with RideCar, Inc. d/b/a RideCar Limousine (the "Company"), and the use of www.ridecarlimousine.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. Also please read this agreement carefully before using the website or any related service. By accessing the website you agree to be bound by the terms and conditions below. If you do not wish to be bound by these terms and conditions, you should not access or use the website.
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 "RideCar, Inc.." References herein to Sites include any and all Sites now, or hereafter, owned or operated by us. These Terms were last updated on 11/15/2015.
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.
RideCar, Inc. presents the information on this website as a convenience. We pride ourselves on prompt, efficient and courteous service and do all we can to anticipate and avoid problems. At the same time, Limo service is affected by weather, road conditions, road construction, mechanical failure, Limo availability and occasional misunderstandings as to directions and location. In addition, time for processing passengers for baggage and security at airports varies widely depending on security precaution levels, volume of passengers, airline and airport delays and other factors. RideCar, Inc. cannot guarantee connections with specific flights, trains and other scheduled appointments nor be responsible for consequences, costs or damages for missed flights or appointments. Leave yourself plenty of time to arrive at the airport for your flights when directing us as to pick-up times, and be aware of airport arrival times as suggested by airlines. Pick-up times can be scheduled and we try to arrive on time to the scheduled pick-up time but pick-up times arranged in advance by "reservations" are not guaranteed.
We make no warranty or guarantee concerning the accuracy or reliability of the content at this site or other sites to which we link. Any unauthorized downloading and distribution of any copyrighted material from this site or sites to which we link, without copyright owner's permissions, is strictly prohibited. RideCar, Inc. / www.ridecarlimousine.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 or independent contractors. Upon visiting the Site / Call, you have the option to search and book a car service with or without completing a customer registration.
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 maybe provide you with a list of limousine companies or independent contractors 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 or independent contractor.
SERVICES DISPUTES AND RESOLUTIONS.BOOKING DIRECTLY WITH A LIMOUSINE COMPANY OR INDEPENDENT CONTRACTOR
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 and independent contractor 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, or independent contractor you must address such dispute with the Limousine Company / independent contractor 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 or independent contractor 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.
YOU’RE USE OF OUR SERVICES.
You acknowledge and agree that you are at least 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 RideCar, Inc. and www.ridecarlimousine.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 a 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, RideCar, Inc. / www.ridecarlimousine.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 or independent contractors Profiles: Company allows limousine companies or independent contractors 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 / independent contractors.
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.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.
The price quoted for your ride is based on drop off and pick up location provided at time of search. Please note that additional fees and charges may apply to your ride. If you incur additional fees, your credit card will be charged for the actual ride amount (ride estimate + extras – see below for examples) after the ride is complete. The following is a list of additional fees you may incur.
Pricing is based on pick up and drop off locations provided. Please note that tolls are not included in the pricing and you will be billed for any incurred toll charges after the ride is complete until unless you were offered any deal which includes tolls etc. some area tolls are The San Francisco Bay Area has a number of bridges and roads for which tolls or fees are incurred by travelers on these roads. Toll bridges and roads include but are not limited to the Antioch Bridge, Benicia-Martinez Bridge, Carquinez Bridge, Dumbarton Bridge, Richmond San-Rafael Bridge, the Golden Gate Bridge, San Francisco-Oakland Bay Bridge and San Mateo Hayward Bridge. Toll fees range in price from $4.00-$7.00 each way. The Los Angeles County area has Metro Express lanes on the on the I-10 and I-110 Freeways, which may have a toll associated with usage of these lanes. 2-person carpools are charged a toll on the I-10 Express Lanes Mon-Fri 5-9am and 4-7pm. Tolls on the Express Lanes are based on the current congestion level and the length of your trip. The greater New York area has several toll roads, tunnels and bridges for which fees are incurred by travelers on these roadways. Toll bridges, tunnels and roads include but are not limited to the Bayonne Bridge, Bear Mountain Bridge, Bronx-Whitestone Bridge, Hugh L. Cary Tunnel, Cross Bay Bridge, Mid-Hudson Bridge, Gov. Thomas E. Dewey Thruway, George Washington Bridge, Goethals Bridge, Henry Hudson Bridge, Holland Tunnel, Lincoln Tunnel, Outer Bridge Crossing, Queens Midtown Tunnel, Throngs Neck Bridge, RFK Bridge and Verrazano-Narrows Bridge. Toll fees range in price from $1.00 - $22.75 each way. The Chicago area has a few toll roads for which fees are incurred by travelers on these roadways. Toll roads include but are not limited to the Chicago Skyway, Veteran’s Memorial Tollway and Jane Addams Memorial Tollway. Toll fees are variable and range from $3.50 to $9.60 each way. The greater Boston area has several roads, tunnels and bridges for which fees are incurred by travelers on these roadways. Toll roads, tunnels and bridges include the Massachusetts Turnpike, Sumner Tunnel, Ted Williams Tunnel and the Tobin Memorial Bridge. Toll fees range from $3.10 to $5.10 each way. The Dallas Fort Worth Area has a number of roads, bridges and tunnels for which tolls or fees are incurred by travelers on these roads. Toll bridges, tunnels and roads include but are not limited to the Addison Airport Toll Tunnel, Dallas North Tollway, Lewisville Lake Toll Bridge, Mountain Creek Lake Bridge, President George Bush Turnpike, and the Sam Rayburn Tollway. Toll fees are variable. Any requested stop during the ride will be billed at the stop rate for the ride selected plus other fees listed in your ride quote. A stop is typically calculated based on 10 minutes of wait time. If your stop is longer, or if your stop deviates from the original itinerary, your ride may be converted to hourly pricing. Wait time will be billed at the rate listed in your ride quote, plus other fees listed in your ride quote. Wait time is incurred after 15 minutes from the scheduled pick up time, and is typically billed in 15-minute increments. Parking will be billed at the actual cost to the operator plus other fees listed in your ride quote. Parking fees are typically incurred on airport pickups where the airport does not have a waiting lot, or when an inside pick up is requested; or for any requested stop where free parking is not available. Additional hours outside the original quoted ride duration shall be billed at the extra hour’s rate for the ride selected, plus other fees listed in your ride quote. Extra hours are typically associated with hourly services, and are incurred from the originally scheduled end time. If you do not start your ride on time, but the driver arrives at the scheduled time, and you retain the vehicle for the original number of hours requested, extra hours will be incurred. Additional charges will apply for each car seat requested plus other fees listed in your ride quote. You can determine the cost and availability of car seats by calling Customer Care at 630-755-3277. Meet & Greet inside the terminal is available for the Meet & Greet for the ride selected plus other fees listed in your ride quote. When selecting Meet & Greet, you may be liable for parking charges in addition to the Meet & Greet fee. Extra mileage is common on rides outside of the US where the base ride price includes a set number of miles or kilometers. Additional miles/kilometers are charged for mileage beyond the base rate. Rates may vary by city and operator, and are displayed on the Reservation Request page, in the booking path. Fuel surcharges may be applied when the use of the vehicle is inconsistent with typical limo service. Examples include but are not limited to round robin use of an hourly vehicle, Hollywood tours of the homes of stars, mountain driving, etc. Fuel surcharges will typically be communicated prior to the ride, however, deviations from the specified itinerary or special requests made while in the vehicle may trigger a fuel surcharge. Clean up fees may be charged when activity inside the vehicle leaves a residual odor or stains the carpet/upholstery, including but not limited to smoking, spilled food or drinks, foods with a heavy odor and vomit. Repair fees may be charges when physical damage is caused to the vehicle including but not limited to rips and tears to the carpet, upholstery, or other soft materials; damage to moldings, door panels or other components.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 / Independent Operators / Clients 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.
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.
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: Info@ridecarlimousine.com 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.COPYRIGHT 2013RideCar, Inc.610 Preston Drive #230Bolingbrook, IL 60440© RideCar, Inc. All rights reserved.