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Please read the following Terms and Conditions
closely before using our Web site (the "Site"). By accessing,
browsing, and using this Site, you acknowledge that you have read,
understood and agree to comply with the terms and conditions stated
here. If you do not agree with any part of these Terms and Conditions,
YOU MUST NOT USE THIS SITE.
Limo Group, Inc. may at any time modify these Terms and Conditions,
and your continued use of this Site will be conditioned upon the terms
and conditions in force at the time of your use.
In addition to the
terms and conditions in this Agreement, users may be asked to agree to
additional terms when using different parts of a Site, including
payment by persons or entities who provide limousine services
(referred to herein as "limousine companies") of any applicable fees.
1. Copyright Notice
You, the User, acknowledge that all content
included on this Site, including the information, data, software,
photographs, graphs, video, typefaces, graphics, music, sounds,
images, illustrations, maps, designs, icons, written and other
material and compilations (collectively, "Content") are intellectual
property and copyrighted works of Limo Group, Inc. and/or various
third party providers ("Providers"). Reproductions or storage of
content retrieved from this Site, in all forms, media and technologies
now existing or hereafter developed, is subject to the U.S. Copyright
Act of 1976, Title 17 of the United States Code.
2. Corporate Identification and
Trademarks
"Usalimos.com" and "findlimos.com," and any and
all other marks appearing on this Site are trademarks of Limo Group,
Inc. ("Trademarks"). You may not use, copy, reproduce, republish,
upload, post, transmit distribute or modify the Trademarks in any way,
including in advertising or publicity pertaining to distribution of
materials on this Site, without Limo Group, Inc.'s prior written
consent. The use of Trademarks on any other web site or network
computer environment is prohibited. Limo Group, Inc. prohibits the use
of Trademarks as a "hot" link on or to any other Web site unless
establishment of such a link is approved by Limo Group, Inc. in
writing in advance.
3. Use Restriction
This Site is intended for personal, noncommercial
use. You may only use this Site to make legitimate requests and
inquiries regarding limousine services (each, a "Request") and shall
not use this Site to make any speculative, false or fraudulent
Requests or any Requests in anticipation of demand. You represent that
you are of sufficient legal age to create binding legal obligations
for any liability you may incur as a result of your use of this Site.
You agree to promptly update your membership information (if
applicable) in order to keep it current, complete and accurate.
It is a violation of law to place a Request in a false name or with an
invalid credit card. Please be aware that even if you do not give us
your real name, your Web browser transmits a unique Internet address
to us that can be used by law enforcement officials to identify you.
Fraudulent users will be prosecuted to the fullest extent of the law.
Permission is granted to electronically copy and print in hard copy
portions of this Site for the sole purpose of using this Site as a
shopping and reference resource. Any other use of materials on this
Site, including reproduction for a purpose other than that noted
above, such as the modification, distribution or republication,
without Limo Group, Inc.'s prior written consent is prohibited.
4. Email
We encourage you to share your comments and
questions with us, but we may not be able to respond to all of them.
Please note that we assume no responsibility for reviewing unsolicited
ideas for our business (like product or advertising ideas) and will
not incur any liability as a result of any similarities between those
ideas and materials that may appear in future Limo Group, Inc.
programs. Also, please remember that you are responsible for whatever
material you submit, and that you, and not Limo Group, Inc., have full
responsibility for any message that you send, including its
reliability, originality, and copyright. Please do not reveal trade
secrets or other confidential information in your messages. Any and
all rights to materials and ideas submitted to us become the exclusive
property of Limo Group, Inc..
By sending us a message, you agree to have it along with your name
posted for public viewing both here and in other Limo Group, Inc.
promotional and advertising materials without compensation.
Each user hereby grants to Limo Group, Inc.,
its sub-licensees, customers and other Users, a royalty-free
perpetual, irrevocable, non-exclusive right and license to use,
reproduce, modify, adapt, publish, translate and distribute any
content submitted by user (in whole or part) and/or to incorporate it
in other works in any media now known or hereafter developed for the
full term of any copyright that may exist in such content.
5. Privacy
You confirm that you have read the Limo Group,
Inc. Privacy Policy, the terms of which are incorporated herein, and
agree that the terms of such policy are reasonable and satisfactory to
you. You consent to the use of your personal information by Limo
Group, Inc. and/or its third party providers and distributors in
accordance with the terms of and for the purposes set forth in the
Limo Group, Inc. Privacy Policy.
6. Site Is
Only a Venue
The Site acts as a
venue for limousine companies and buyers of limousine services. Limo
Group, Inc. is not involved in the actual transaction between buyers
and limousine companies. As a result, it has no control over the
quality, safety, reliability or legality of the services, the truth or
accuracy of the listings, the ability of limousine companies to
provide services or the ability of the buyers to buy services (as set
forth in paragraph 8, Limo Group, Inc. does have an internet
endorsement program - this endorsement simply states that the
particular company has presented Limo Group, Inc. with valid evidence
of internet service readiness, not that Limo Group, Inc. provides any
warranty with respect to its service). We encourage users to
communicate directly with limousine companies or buyers or with third
parties, such as the Better Business Bureau, to a degree sufficient to
establish the reliability of the limousine company or buyer. No
limousine company will at any time represent that Limo Group, Inc.
endorses a limousine company or its services. Any disputes between a
buyer and a limousine company should be handled by the limousine
company. Because user identification on the Internet is difficult,
Limo Group, Inc. cannot and does not confirm that each user is who it
claims to be.
7.
Disclaimer
LIMO GROUP, INC. DOES NOT RECOMMEND ANY
SPECIFIC LIMOUSINE COMPANY AND DOES NOT PROVIDE ADVICE ON WHICH
LIMOUSINE COMPANY TO SELECT. LIMO GROUP, INC. DOES NOT SELL, SOLICIT
APPLICATIONS FOR, OR WRITE CONTRACTS FOR ANY SERVICES. Limo Group,
Inc. IS NOT A BROKER ACTING ON BEHALF OF ANY BUYER AND IS NOT AN AGENT
ACTING ON BEHALF OF ANY LIMOUSINE COMPANY.
8. No Warranties
Unless Limo Group, Inc. has agreed otherwise in
advance and in writing, all products, services, advice, merchandise
and information available through this Site are provided on an "as
is," "as available" basis without warranties of any kind, either
expressed or implied, other than those imposed by law, including but
not limited to, warranties of title or implied warranties of
merchantability or fitness for a particular purpose.
Each User expressly acknowledges and agrees
that its use of the Service, any services or goods obtained or sites
linked through the use of the Service, and any data transmitted
through the Service is at the sole risk of users. Limo Group, Inc.
does not provide or make any undertaking or representation with
respect to any limousine company or as to the quality or nature of any
of the products or services purchased through the Service or any other
representation, warranty or guaranty. Limo Group, Inc. does not
warrant that limousine companies are licensed or certified to practice
in any jurisdiction; nor does Limo Group, Inc. make any warranty as to
the results that may be obtained from use of the Service or its
content or as to the accuracy or reliability of any information
obtained through the use of the Service. This paragraph 8 also applies
to companies who have passed Limo Group, Inc.'s internet endorsement
program. This endorsement simply states that the particular company
has presented Limo Group, Inc. with valid evidence of internet service
readiness (not that it is properly insured or licensed, and not that
Limo Group, Inc. provides any warranty with respect to its service).
Without limiting the above, no warranty or guarantee is made (i)
regarding the acceptance of any Request, (ii) that a User will receive
the lowest available price for goods and/or services available through
this Site, (iii) regarding the availability of products and/or
services through this Site or, where applicable, at any participating
retailer or retailer location, (iv) that use of this Site and all
software, products or services associated with this Site will be error
free, (v) regarding the results that may be obtained from the use of
this Site, (vi) regarding the completeness, accuracy, reliability or
quality of any information content, data, service, advice or
merchandise provided or available through this Site, or (vii)
regarding the performance or non-performance of this Site including,
but not limited to, any performance or non-performance in connection
with or as a consequence of the passage of time. You expressly agree
that the use of this Site is at your sole risk.
9. General Limitation of
Liability
IN NO EVENT SHALL LIMO GROUP, INC., INCLUDING ITS
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES,
AFFILIATES, OR PROVIDERS (COLLECTIVELY, THE "COVERED PARTIES"), BE
LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD,
ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR
OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE
OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR
ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS
SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
Further, the Covered Parties accept no responsibilities for any damage
and/or delay due to Provider cancellations, shortages, sickness,
pilferage, labor disputes, machinery breakdown, quarantine, government
restraints, weather or causes beyond the Covered Parties' control. No
responsibility is accepted for any additional expense, omissions,
delays, re-routing or acts of any governmental authority. No Covered
Party shall be responsible for any Provider's breach of any warranty
including, but not limited to, implied warranties of fitness for a
particular purpose or of merchantability, nor shall any Covered Party
be responsible for any other wrongdoing of a Provider (including any
liability in tort), as to any products and/or services available
through this Site. No Covered Party shall be responsible for any
Provider's failure to comply with these Terms and Conditions nor for
any Provider's failure to comply with applicable federal, state and
local law including, without limitation, laws governing the sale,
warranty, and return of perishables.
If, notwithstanding the above, a Covered Party is found liable for any
loss or damage relating to the use of this Site, User agrees that the
liability of any such party shall in no event exceed the fee or charge
to the User assessed by Limo Group, Inc. for making a Request.
Some states, to the extent their law might be deemed to apply
notwithstanding the selection of Wisconsin law as described below, do
not allow the limitation of liability, so the foregoing limitations
might not apply to you.
10.
Release and Indemnity by User
Because we are not and
cannot be involved in buyer/limousine company transactions, in the
event that you have a dispute with one or more other buyers or
limousine companies, you release Limo Group, Inc. (and its employees
and agents) from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, suspected
and unsuspected, disclosed and undisclosed, arising out of or in any
way connected with such disputes. To the extent enforceable, you waive
your rights under any statute which provides, in legal effect, that a
general release does not extend to claims which the creditor does not
know or suspect to exist in his favor at the time of executing the
release, which if known by him must have materially affected his
settlement with the debtor. USER WILL INDEMNIFY AND HOLD Limo Group,
Inc. AND ITS AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES,
HARMLESS FOR ANY LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING
REASONABLE ATTORNEYS' FEES) AGAINST Limo Group, Inc. ARISING OUT OF
(A) ANY USE OF THE SERVICES, THIRD PARTY SITES, OR RELATED GOODS OR
SERVICES; (B) ANY BREACH OF THE TERMS; AND (C) ANY UPLOADING,
DOWNLOADING, OR REPRODUCTION OF ANY CONTENT OR DATA FROM THE SERVICE
OR ANY THIRD PARTY SITE.
11. Third Parties
If you use this Site to submit Requests for or on
behalf of a third party ("Third Party"), you are responsible for any
error in the accuracy of information provided in connection with such
use. In addition, you must inform the Third Party of all Terms and
Conditions applicable to all products or services acquired through
this Site including all rules and restrictions applicable thereto.
Each User using this Site for or on behalf of a Third Party agrees to
indemnify and hold each Covered Party harmless from and against any
and all liabilities, losses, damages, suits and claims (including the
costs of defense), relating to the Third Party's or the User's failure
to fulfill any of its obligations as described above. User is directly
responsible for any Request submitted including related fees, charges
and performance obligations.
12. User Comments, Feedback and Other
Submissions
All comments, feedback, suggestions and ideas
disclosed, submitted or offered to a Covered Party in connection with
your use of this Site (collectively, "Comments"), shall be and remain
the exclusive property of Limo Group, Inc. and may be used by a
Covered Party in any medium and for any purpose worldwide without
obtaining your specific consent. For example, your Comments could be
used on this Site and in radio, television and print advertisements.
Your first name, first initial of your last name, and town and state
may be used with any Comments you submit. No Covered Party is under
any obligation to maintain your Comments (and the use of your first
name and first initial of your last name with any comments) in
confidence, to pay to you any compensation for any Comments submitted,
or to respond to any of your Comments. You agree you will be solely
responsible for the content of any Comments you make.
13. Links to other Web sites and
Services
To the extent this Site contains links to outside
services and resources, any concerns regarding such services or
resources should be directed to the particular outside service or
resource provider. None of the Covered Parties guarantees or warrants
the accuracy or completeness of the information or content included on
the Web sites of these outside services and resources. The outside
services and resources are in no way related to Limo Group, Inc., and
are neither its employees nor agents.
14. Termination of Usage
User access to all or part of this Site may be
terminated or suspended at any time, without notice and for any
reason.
15. Miscellaneous
The captions in these Terms and Conditions are
only for convenience, and do not, in any way, limit or otherwise
define the terms and provisions of these Terms and Conditions.
None of the Covered Parties are responsible for any errors or delays
in responding to a Request caused by an incorrect email address
provided by you or other technical problems beyond their control.
No agency, partnership, joint venture,
employee-employer or franchiser-franchisee relationship is intended or
created between any user and Limo Group, Inc. by these Terms of Use.
No waiver of any of these Terms of Use shall be
deemed waiver of any other such Terms set forth herein.
16. Entire Agreement
These Terms of Use, together with those
incorporated herein or referred to herein constitute the entire
agreement between you and each Covered Party relating to the subject
matter hereof, and supersedes any prior understandings or agreements
(whether oral or written) regarding the subject matter, and may not be
amended or modified except in writing or by making such amendments or
modifications available on this Site.
17. Governing Law
The internal laws of the State of Wisconsin shall
govern the performance of these Terms and Conditions, without regard
to such state's conflicts of laws principles. |
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