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USALimos Subscription Agreement
PLEASE READ THE FOLLOWING
TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE AND OUR ENHANCED
LISTING CAREFULLY. By using our Website and/or one of our online enhanced
products or offerings (collectively, our "Enhanced Products"), you agree to
the terms and conditions set forth in this Subscription Agreement (this
"Agreement"). We reserve the right, in our sole discretion, to change,
modify, add or remove provisions of this Agreement at any time. You should
check this Agreement periodically for changes. By using this Website or our
Enhanced Listings after we post any changes to this Agreement or otherwise
notify you of such changes, you agree to accept those changes, whether or
not you have reviewed them. If you do not agree to this Agreement, you
should not use our Website and/or our Enhanced Listings and you should
arrange to cancel your registered user account or subscription with us, as
applicable.
1. Scope of Agreement
Unless we indicate otherwise, this Agreement applies to your use of the
websites which are owned or operated by Professional Solutions, Inc. ("we,"
"us," or "our") and our affiliates (collectively, "USALimos.com "), including, without
limitation, this website and any other website that we may own or operate
currently or in the future (collectively, our "Website"), and all of the
Enhanced Listings that we may offer currently or in the future.
2. Your Use of this
Website and Our Enhanced Listings
By using this Website and/or our Enhanced Listings, you agree to be legally
bound and to abide by this Agreement, just as if you had signed this
Agreement. If you do not comply with this Agreement at any time, we reserve
the right to cancel or terminate your listing on, linking to or from, and/or
access to this Website (or any part thereof). In our sole discretion and
without prior notice or liability, we may discontinue, modify or alter any
aspect of the. You agree that any termination or cancellation of your access
to, or use of, the Website may be effected without prior notice. If you do
not abide by the terms of this Agreement, except as we may otherwise provide
from time to time, you agree that we may immediately deactivate or delete
your user account and all related information and/or files in your user
account and/or bar any further access to such information and/or files, our
Website (or part thereof). Further, you agree that we shall not be liable
to you or any third-party for any termination or cancellation of your access
to, or use of, our Website, except for a refund of any fees or charges
prepaid by you with respect to our Enhanced Listings in accordance with
paragraph 4 of this Agreement. You acknowledge that your only right with
respect to any dissatisfaction with any modification or discontinuation of
service made by us pursuant to this provision or this Agreement, or any
policies or practices by us in providing this Website or our Enhanced
Listings, including without limitation any change in content or any change
in the amount or type of fees or charges associated with the Enhanced
Listings, is to cancel or terminate your subscription or registered user
account, as applicable.
From time to time, we may supplement this Agreement with additional terms
and conditions pertaining to specific content, activities or events
("Additional Terms"). Such Additional Terms may be placed on the Website to
be viewed in connection with the specific content, activities, features or
events and shall be identified as such. You understand and agree that such
Additional Terms are hereby incorporated by reference into this Agreement.
3. Charges and Fees for Enhanced Listings
Limousine company linking to or from, and/or listing or advertising on, this
Website (“Enhanced Listings”) are only available to individuals or companies
who purchase a subscription to our Enhanced Listings. As a subscriber to our
Enhanced Listings, you agree as follows:
A. You agree to pay, using a valid credit card (or other form of payment
which we may accept from time to time), the fixed and periodic charges and
fees (including prepayment plan fees for multiple periods) set forth on this
Website (such as the fixed Sign Up Fee and the recurring Monthly Fee),
applicable taxes, and other charges and fees incurred in order to access our
Enhanced Listings . We reserve the right to increase charges and fees, or to
institute new charges or fees at any time, upon reasonable advance notice
communicated to you through a posting on this Website or such other means as
we may deem appropriate from time to time (including electronic mail or
conventional mail). We will automatically charge your credit card or other
account at the start of the standard or multiple-period prepayment plan
billing period and at the start of each renewal period, unless you terminate
or cancel your subscription before the relevant renewal period begins.
Except in the case of a multiple-period prepayment plan or if you were
eligible for a discounted rate but are no longer eligible for that rate, the
renewal charge will be the same as the prior period's charge, unless we
notify you in advance at the time of sign up or prior to the beginning of
the renewal period as described above. For so long as you avail yourself of
our Enhanced Listings you reaffirm your agreement that we may charge your
credit card (or other form of payment, if applicable). In the event we
cannot charge your account, we reserve the right to terminate your access to
our Fee-Based Products. If you purchased a multiple-period prepayment plan
or you were eligible for a discounted rate but are no long eligible for that
rate, your subscription will automatically be renewed at our standard
subscription rates and for our standard period (usually monthly) at the
start of the renewal period. If you wish to purchase another prepayment plan
for multiple periods and we are currently offering prepayment plans at such
time, you must notify us prior to the termination of your current prepayment
plan.
B. In addition to the fees and charges set forth above, you are responsible
for all charges and fees associated with connecting to our Website and our
Enhanced Listings, including without limitation all telephone access lines
(including long-distance charges, when applicable), internet service
provider fees, telephone and computer equipment, sales taxes and any other
fees and charges necessary to access our Enhanced Listings.
C. For purposes of your use of our Enhanced Listings including
identification and billing, you agree to provide us with true, accurate and
complete information as required by the subscription or sign up process to
our Enhanced Listings ("Subscription Data"), including your legal name,
address, telephone number, email address and applicable billing information
(e.g., credit card number and expiration date), and to allow us to share
your Subscription Data with third parties for the purpose of verifying the
information you provide and billing your credit card or otherwise charging
your account. You agree to maintain and promptly update the Subscription
Data to keep it accurate. Without limiting any other provision of this
Agreement, if you provide any information that is untrue, inaccurate, or
incomplete, or we have reasonable grounds to suspect that such is the case,
we reserve the right to suspend or terminate your user account or
subscription and refuse any and all current or future use by you of our
Website (or any portion thereof) or our Enhanced Listings. You are obligated
to check the "My Profile" feature of our Website to determine whether your
Subscription Data is current and accurate, and, if not, to correct or update
your Subscription Data including your billing information.
D. You are entirely responsible for maintaining the confidentiality of your
user account information. You must notify us immediately in the event of any
known or suspected unauthorized use of your user account, or any known or
suspected breach of security, including loss, theft, or unauthorized
disclosure of your or anyone else's credit card information. In the event of
a breach of security by you, you will remain liable for any unauthorized use
of your subscription until you update your Subscription Data. If your credit
card expires, is canceled, is lost or is subject to use without your
authorization, access the My Profile feature of this Website to update your
Subscription Data. You are entirely responsible for any and all activities
which occur under your user account. You are responsible for paying any
amounts billed to your credit card by a third party which were not
authorized by you.
E. Except for multiple-period prepayment plans, if we terminate your
subscription to our Enhanced Listings prior to the end of the applicable
period, you agree that all fees and charges assessed by us are
nonrefundable. Nonrefundable fees include the Sign Up Fee, and the full
Monthly Fee for any month (or portion thereof) elapsed (regardless of
whether you logged onto our Website or used the Enhanced Listing Product
during that month). If you subscribe to a prepayment plan for multiple
periods (e.g, a 3-month prepayment plan) and you decide to cancel during
such prepayment period, we will refund you the difference, if any, between
the amount you paid and the amount you would have incurred if you were
subject to our standard pricing in effect during such time and not subject
to our special pricing offered through any prepayment plan.
4. Cancellation of Subscription
Either you or USALimos.com may terminate or cancel your subscription to our Enhanced
Listings at any time. You understand and agree that the cancellation or
termination of your subscription is your sole right and remedy with respect
to any dispute with us including, without limitation, any dispute related
to, or arising out of: (i) any terms of this Agreement or our enforcement or
application of this Agreement; (ii) any practice or policy of USALimos.com , or our
enforcement or application of these policies; (iii) the content available
through this Website or any change in content provided through the Website
or on a Enhanced Listings ; (iv) your ability to access and/or use our
Website; or (v) the amount or types of our fees or charges, surcharges,
applicable taxes, or billing methods, or any change to our fees or charges,
applicable taxes, or billing methods. Upon cancellation or termination of
your subscription to our Enhanced Listings, we may immediately deactivate
your user account and all related information and/or files in your user
account and/or bar any further access to such information and/or files, our
Website (or part thereof) and/or our Enhanced Listings, except as we may
otherwise provide from time to time.
You can cancel your subscription by contacting us or by such other means as
we may provide from time to time. We will attempt to process all
cancellation requests within 72 hours and therefore require at least 72
hours notice for all cancellations. All fees and subscription payments
paid in are not subject to a refund for any reason. There are no
cancellation penalties. We reserve the right to collect fees, surcharges, or costs incurred
before your cancellation takes effect.
5. Privacy and Security
We are committed to protecting your privacy and security. For more
information, you should review our
Privacy Policy, which is incorporated into this Agreement by this
reference.
6. Community Standards and Conduct Guidelines
You acknowledge that all Content and all information, software, photos,
video, text, graphics, music, sounds, questions, creative suggestions,
messages, comments, feedback, ideas, recipes, notes, drawings, articles and
other materials posted, emailed, or otherwise transmitted to or on this
Website, whether posted at our request or voluntarily, and whether publicly
posted or privately transmitted (collectively, the "Postings"), are the sole
responsibility of the person who made such Postings. This means that you are
entirely responsible for all Postings that you post, email or otherwise
transmit to this Website. We do not control the Postings posted, emailed or
otherwise transmitted on our Website by others and, as such, we do not
guarantee the accuracy, integrity or quality of such Postings. Although we
have adopted community standards and conduct guidelines for the users of our
Website (as described below), you understand that by using this Website, you
may be exposed to Postings that are offensive or objectionable. Under no
circumstances will we be liable in any way for any Postings (other than for
Content developed by us or our affiliates), including, but not limited to,
for any errors or omissions in any Postings, or for any loss or damage of
any kind incurred as a result of the use of any Postings posted, emailed or
otherwise transmitted to or through this Website.
You agree not to use this Website (including any Forums) to:
a.
Upload, post, email or otherwise transmit any Postings or other
materials that are unlawful, harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable (in our
sole discretion);
b.
Harm minors in any way;
c.
Impersonate any person or entity, including, but not limited to, a
director, officer, employee, shareholder, agent or representative of
USALimos.com ,
our affiliates or any other person or entity, or falsely state or otherwise
misrepresent your affiliation with USALimos.com , our affiliates or any other person
or entity;
d.
Forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Postings or other materials transmitted to or
through this Website;
e.
Upload, post, email or otherwise transmit any Postings or other
materials that you do not have a right to upload, post, email or otherwise
transmit under any law or under contractual or fiduciary relationships (such
as insider information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure
agreements);
f.
Upload, post, email or otherwise transmit any Postings or other
materials that infringe upon any patent, trademark, trade secret, copyright,
right of privacy or publicity or other proprietary rights of any party;
g.
Upload, post, email or otherwise transmit any unsolicited or
unauthorized advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of commercial solicitation,
except in those areas, if any, that are specifically designated for such
purpose;
h.
Upload, post, email or otherwise transmit any Postings or other
materials that contain software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment;
i.
Interfere with or disrupt this Website or servers or networks
connected to this Website, or disobey any requirements, procedures, policies
or regulations of networks connected to the Website;
j.
Intentionally or unintentionally violate any applicable local, state,
national or international law, including, but not limited to, any
regulations having the force of law;
k.
"Stalk" or otherwise harass another user or employee of this Website;
or
l.
Collect or store personal data or attempt to collect or store
personal data about other users of the Website.
7. Copyright Complaints
We respect the intellectual property of others, and we ask our users to do
the same. We may, in appropriate circumstances and in our sole discretion,
terminate the rights of any user to use our Website (or any part thereof)
who infringe the intellectual property rights of others. If you believe that
your work has been copied in a way that constitutes copyright infringement
or are aware of someone doing so, please contact our designated agent for
notice of claims of copyright infringement.
8. Disclaimers of Warranties
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE SERVICES, OFFERINGS, CONTENT AND MATERIALS (INCLUDING, WITHOUT
LIMITATION, THE ENHANCED LISTINGS ) ON THIS WEBSITE ARE PROVIDED "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, COMPATABILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT.
NEITHER USALimos.com , ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE
LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THIS
WEBSITE OR ANY FUNCTION CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE
SERVERS THAT MAKE THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS.
ANY SERVICE, OFFERING, CONTENT AND MATERIAL (INCLUDING, WITHOUT LIMITATION,
THE ENHANCED LISTINGS) DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THIS WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL (INCLUDING,
WITHOUT LIMITATION, THE FEE-BASED PRODUCTS).
NEITHER USALimos.com , ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE
LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES,
OFFERINGS, CONTENT AND MATERIALS (INCLUDING, WITHOUT LIMITATION, THE
ENHANCED LISTINGS ) IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR
PERSONNEL OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
PROVIDED FOR IN THIS AGREEMENT.
9. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE
INABILITY TO USE THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE ENHANCED
LISTINGS); (B) THE USE OF ANY CONTENT OR OTHER MATERIAL (INCLUDING, WITHOUT
LIMITATION, THE ENHANCED LISTINGS) ON THIS WEBSITE OR ANY WEBSITE OR
WEBSITES LINKED TO THIS WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON OUR WEBSITE (INCLUDING, WITHOUT LIMITATION, THE ENHANCED
LISTINGS); OR (E) ANY OTHER MATTER RELATING TO THIS WEBSITE. IN NO EVENT
SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF
ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING
THE ENHANCED LISTINGS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR
WEBSITE, OR WITH ANY OF PROVISION OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE
REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE AND ANY ENHANCED
LISTINGS.
10. Indemnification
You agree to indemnify, hold harmless and, at our option, defend us and our
affiliates, and our and their officers, directors, employees, stockholders,
agents and representatives from any and all third party claims, liability,
damages and/or costs (including, but not limited to, reasonable attorneys
fees and expenses) arising from your improper use of this Website or our
products or offerings (including, without limitation, the Enhanced Listings
), your violation of this Agreement, or your infringement, or the
infringement or use by any other user of your account, of any intellectual
property or other right of any person or entity.
11. Governing Law and Choice of Forum
This Agreement shall be governed by and construed in accordance with the
laws of the State of Wisconsin, without giving effect to any principles of
conflicts of law. You agree that any action at law or in equity arising out
of or relating to your use of this Website (including, without limitation,
the Enhanced Listings) or this Agreement shall be filed only in the state or
federal courts located in the State of Wisconsin and you hereby consent and
submit to the personal jurisdiction of such courts for the purposes of
litigating any such action.
12. Miscellaneous Terms
If any provision of these terms shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from these
terms and shall not affect the validity and enforceability of any remaining
provisions. This Agreement, together with the Terms & Conditions (where
applicable), are the entire agreement between you and us relating to the
subject matter herein. In the event of any conflict between this Agreement
and the Terms and Conditions, this Agreement shall control. This Agreement
may be modified only by our posting of changes to this Agreement on this
Website, or by written agreement of both parties. Each time you access this
Website, you will be deemed to have accepted any such changes.
We may assign our rights and obligations under this Agreement. This
Agreement will inure to the benefit of our successors, assigns and
licensees. The failure of either party to insist upon or enforce the strict
performance of the other party with respect to any provision of this
Agreement, or to exercise any right under this Agreement, will not be
construed as a waiver or relinquishment to any extent of such party's right
to assert or rely upon any such provision or right in that or any other
instance; rather, the same will be and remain in full force and effect.
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