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Agreement between User and OneWayLimo.com Incorporated
OneWayLimo.com® is owned and operated by OneWayLimo.com Incorporated ("OneWayLimo.com",
"OneWayLimo", or "we"). This web site ("Site") is
intended for personal, noncommercial use. This Agreement describes the terms and
conditions applicable to the services available through this Site. This Agreement
describes your responsibilities and, among other things, limits the liability of
OneWayLimo.com. BEFORE SUBMITTING AN ACCOUNT REGISTRATION FORM AND/OR USING ANY
OF THESE SERVICES, PLEASE READ ALL OF THIS AGREEMENT CAREFULLY. BY ACCESSING ANY
AREAS OF THIS SITE, USERS ("USERS" OR "YOU") AGREE TO BE LEGALLY
BOUND WITHOUT LIMITATION, QUALIFICATION, OR CHANGE AND TO ABIDE BY THESE TERMS AND
CONDITIONS, WHICH WILL CONSTITUTE OUR AGREEMENT ("AGREEMENT"). If at any
time you do not agree with any part of this Agreement, YOU MUST DISCONTINUE USE
OF THIS SITE. OneWayLimo.com reserves the right, in its sole discretion, to amend,
modify, or alter this Agreement at any time by posting the amended terms on this
Site. We recommend that you review these terms and conditions periodically. The
amended terms shall be effective from and after the date that they are posted on
the Site. This Agreement may not otherwise be amended except in writing signed by
both parties. OneWayLimo.com incorporates herein, by reference, its Privacy Policy.
WITHOUT LIMITATION OF ANY OTHER PROVISIONS OF THIS AGREEMENT, YOU MAY NOT USE THIS
SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY
APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO THIS SITE MAY BE TERMINATED IMMEDIATELY
IN ONEWAYLIMO.COM'S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY
WITH ANY PROVISION OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON,
OR NO REASON.
Table of Contents
PART I: General Terms and Conditions
Copyright Notice
Trademark Notice
Acceptable Use/License
Accounts, Security, Passwords
Privacy Policy
Disclaimer of Warranties
General Limitation of Liability
Indemnification
Third Parties
User Comments, Feedback and Other Submissions
Response to Requests
Links to Other Web Sites and Services
Modification/Termination of Usage
Pricing Errors
Electronic Notification
International Use
Hyperlinks
Miscellaneous
PART I
General Terms and Conditions
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
(collectively, "Content") and the arrangement and compilation of the Content
are intellectual property and copyrighted works of OneWayLimo.com and/or its third-party
providers including, without limitation, the livery services and other travel suppliers
that provide travel or other services through this Site ("Providers").
Reproduction or storage of information or works 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 and all applicable
international copyright treaties and conventions, including without limitation,
the Berne Convention and the Universal Copyright Convention.
Trademark Notice
"ONEWAYLIMO.COM" and "ONEWAYLIMO" are registered service marks
of onewaylimo.com. Other product and company names identified on this Site may be
the name, trademark, trade name, service mark, logo, symbol or other proprietary
designation of OneWayLimo.com or a third-party. The use on this Site of any name,
trade name, trademark, service mark, logo, symbol or other proprietary designation
or marking of or belonging to any third-party, and the availability of specific
goods or services from such third-party through this Site, should not be construed
as an endorsement or sponsorship of this Site by any such third-party, or the participation
by such third-party in the offering of goods, services or information through this
Site.
Acceptable Use/License
OneWayLimo grants you a limited, personal, nontransferable, non-sublicensable, revocable
license to access and use this Site only as expressly permitted in this Agreement.
Except for this limited license, we do not grant you any other rights or license
with respect to this Site; any rights or license not expressly granted herein are
reserved. The content and information on this Site (including, without limitation,
price and availability of livery services), as well as the infrastructure used to
provide such content and information, is proprietary to OneWayLimo.com or its suppliers
and providers. Accordingly, as a condition of using this Site, you agree not to
use this Site or its contents or information for any commercial or non-personal
purpose (direct or indirect) or for any purpose that is unlawful or prohibited by
this Agreement. While you may make limited copies of your travel itinerary (and
related documents) for travel or services purchased through this Site, you agree
not to modify, copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer, or sell or re-sell any information,
software, products, or services obtained from this Site. In addition, whether or
not you have a commercial purpose, you agree not to:
1. access, monitor or copy any content or information of this Site using any robot,
spider, scraper or other automated means or any manual process for any purpose without
express written permission of OneWayLimo.com;
2. violate the restrictions in any robot exclusion headers on this Site or bypass
or circumvent other measures employed to prevent or limit access to this Site;
3. take any action that imposes, or may impose, in the discretion of OneWayLimo.com,
an unreasonable or disproportionately large load on the OneWayLimo.com infrastructure;
or
4. deep-link to any portion of this Site (including, without limitation, the purchase
path for any livery services) for any purpose without express written permission
of OneWayLimo.com.
5. deliver any unlawful (according to local, state, federal, or international law
or regulation) postings to or through this Site, or any postings which advocate
illegal activity.
6. deliver, or provide links to, any postings containing material that could be
considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane,
insulting, threatening, tortuous, harassing, hateful or otherwise objectionable.
7. deliver or provide links to, any postings containing material that harasses,
victimizes, degrades, or intimidates an individual or group of individuals on the
basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.
8. deliver or provide links to, any postings containing defamatory, false or libelous
material.
9. deliver any posting that infringes or violates any intellectual property or other
right of any entity or person, including, without limitation, copyrights, patents,
trademarks, laws governing trade secrets, rights to privacy, or publicity.
10. deliver any posting to that you do not have a right to make available under
law or contractual or fiduciary relationships.
11. impersonate another person or entity or falsely state or otherwise misrepresent
your affiliation with a person or entity, or adopt a false identity if the purpose
of doing so is to mislead, deceive, or defraud another.
12. manipulate identifiers, including by forging headers, in order to disguise the
origin of any posting that you deliver.
13. use this Site in any manner which could damage, disable, overburden, or impair
or otherwise interfere with the use of this Site or other users' computer equipment,
or cause damage, disruption or limit the functioning of any software, hardware,
or telecommunications equipment.
14. attempt to gain unauthorized access to this Site, any related website, other
accounts, computer system, or networks connected to this Site, through hacking,
password mining, or any other means.
15. obtain or attempt to obtain any materials or information through any means not
intentionally made available through this Site, including harvesting or otherwise
collecting information about others such as email addresses
You may only use this Site to make legitimate reservations, purchases or requests
to purchase the products or services offered (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 provide correct and true information in connection
with your use of this Site and 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 method of payment.
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.
OneWayLimo reserves the right to cancel any car reservation or any other transaction
that it reasonably believes to have been fraudulently made, including without limitation,
by unauthorized use of a credit or debit card.
Accounts, Security, Passwords
You may register to utilize this Site by completing the specified registration process
and providing us with current, complete, and accurate information as requested by
the online registration form. It is your responsibility to maintain the currency,
completeness and accuracy of your registration data, and any loss caused by your
failure to do so is your responsibility. As part of the registration process, you
will be asked to choose a security question. It is entirely your responsibility
to maintain the confidentiality of your security question and your account. Additionally
you are entirely responsible for any and all activities that occur under your account.
You agree to notify OneWayLimo.com immediately of any unauthorized use of your account.
OneWayLimo.com is not liable for any loss that you may incur as a result of someone
else using your account, either with or without your knowledge.
Privacy Policy
You confirm that you have read our 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 OneWayLimo.com and/or
its third-party providers and distributors in accordance with the terms of and for
the purposes set forth in the Privacy Policy. To the extent permitted by law, OneWayLimo.com
makes no representation or warranty with regard to the sufficiency of the security
measures used for data handling and storage. OneWayLimo.com will not be responsible
for any actual or consequential damages that result from a lapse in compliance with
the Privacy Policy because of a security breach or technical malfunction.
Disclaimer of Warranties
UNLESS A PROVIDER HAS AGREED OTHERWISE, ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS,
SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH
THIS SITE ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE"
BASIS. ONEWAYLIMO.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT
OR MATERIALS INCLUDED ON THIS WEBSITE TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW, ONEWAYLIMO.COM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR SATISFACTORY WORKMANLIKE EFFORT, INFORMATIONAL
CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. ONEWAYLIMO.COMDOES
NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS SITE WILL OPERATE ERROR-FREE OR
UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE AND/OR ITS SERVERS
WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. ONEWAYLIMO.COMDOES NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY,
RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN
THIS SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION,
TEXT AND RELATED GRAPHICS CONTENT.
ONEWAYLIMO.COM IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED
OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION
OR RECEIPT OF TICKET ORDERS OR, ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER
HUMAN OR TECHNICAL IN NATURE.
WITHOUT LIMITING THE FOREGOING, 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, OR (IV) REGARDING THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THIS SITE.
General Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ONEWAYLIMO.COM, INCLUDING ITS
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES,
DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING,
PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SITE AND ITS CONTENTS (COLLECTIVELY
THE ?COVERED PARTIES?), BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE
DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO: (I) LOSS OF GOODWILL,
PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY
TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THE SITE; (III) UNAUTHORIZED
ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE
PROVISION OR FAILURE TO PROVIDE ANY SERVICE; (V) ERRORS OR INACCURACIES CONTAINED
ON THE SITE OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS
OBTAINED THROUGH THE SITE; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THIS SITE;
(VII) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED
BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE
OF THIS SITE OR ANY SITE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE
ARISING OUT OF THE USE OF THE SITE, ANY DELAY OR INABILITY TO USE THE SITE, OR ANY
INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE. THE LIMITATIONS OF
LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. Further, to the extent permitted by law,
the Covered Parties accept no responsibilities for any damage and/or delay due to
Provider cancellations, shortages, sickness, pilferage, labor disputes, bankruptcy,
machinery breakdown, quarantine, government restraints, weather, terrorism 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 this Agreement nor for any Provider's failure to comply with
applicable federal, state, provincial and local law.
If, notwithstanding the above, a Covered Party is found liable for any loss or damage
relating to the use of this Site, User agrees the liability of any such party shall
in no event exceed the total charge to the User assessed by OneWayLimo.com for making
a Request. Some states, to the extent their law might be deemed to apply notwithstanding
the selection of Connecticut law as described below, do not allow the limitation
of liability, so the foregoing limitations might not apply to you.
Indemnification
You agree to defend and indemnify OneWayLimo, their affiliates, and/or their respective
suppliers and any of their officers, directors, employees and agents from and against
any claims, causes of action, demands, recoveries, losses, damages, fines, penalties
or other costs or expenses of any kind or nature including but not limited to reasonable
legal and accounting fees, brought (i) by you or on behalf in excess of the liability
described above; or (ii) by third parties as a result of:
1. your breach of this Agreement
2. your violation of any law or the rights of a third party; or
3. your use of this Site.
Third Parties
If you use this Site to submit Requests for or on behalf of a third-party ("Third-party"),
such as a family member or a traveling companion, 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. You
are directly responsible for any Request submitted including for total charges and
performance obligations.
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 OneWayLimo.com and may be used by
a Covered Party in any medium in accordance with our Privacy Policy. By providing
your Comments to a Covered Party, you shall be indicating your consent to the Covered
Party's use of your Comments. 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.
The information and opinions expressed in Comments on this Site are not necessarily
those of OneWayLimo.com or its content providers, advertisers, sponsors, affiliated
or related entities, and OneWayLimo.com makes no representations or warranties regarding
that information or those opinions. OneWayLimo.com does not represent or guarantee
the truthfulness, accuracy, or reliability of any Comments or determine whether
the Comments violate the rights of others. You acknowledge that any reliance on
material posted by other users will be at your own risk. 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.
Response to Requests
While OneWayLimo.com will use its good faith efforts to respond to Requests within
the time periods indicated on this Site, no guarantee is made that the status of
your Request will be made available to you within the stated processing time. None
of the Covered Parties is responsible for any errors or delays in responding to
a Request including, without limitation, error or delays in responding to a Request
caused by an incorrect e-mail address or other data provided by you or other technical
problems beyond their control.
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. OneWayLimo.com does not monitor or control the linked
sites and makes no representations regarding, and is not liable or responsible for
the accuracy, completeness, timeliness, reliability, or availability of any of the
content upload, displayed, or distributed, or products or services available at
these sites. If you choose to access any third-party site, you do so at your own
risk. The presence of a link to a third-party site does not constitute or imply
OneWayLimo.com's endorsement, sponsorship, or recommendation of the third-party,
or of the content, products or services contained on, or available through, any
such third-party site.
Modification/Termination of Usage
OneWayLimo.com reserves the right, in its sole discretion, to modify, suspend, or
terminate this Site and/or any portion thereof, including any service or product
available through the Site, and/or your profile, password, or use of the Site, or
any portion thereof, at any time for any reason with or without notice to you. In
the event of termination, you will still be bound by your obligations under this
Agreement and any Additional Terms, including the warranties made by you, and by
the disclaimers and limitations of liability. Additionally, OneWayLimo.com shall
not be liable to you or any third-party for any termination of your access to this
Site.
Pricing Errors
We endeavor to publish and maintain accurate prices and information for the services
we offer. Our suppliers provide us with the price and other information related
to these services. In the event, however, that a service is listed or provided to
us at an incorrect price or with incorrect information due to typographical error
or other error in pricing or service information received from our suppliers, we
retain the right to refuse or cancel any orders placed for such service. We shall
have the right to refuse or cancel any such orders whether or not the order has
been confirmed and/or your credit card charged. If your credit card has already
been charged for the purchase and your order is canceled because of incorrect supplier
information, we will promptly issue a credit to your credit card account in the
amount of the charge.
Electronic Notification
To the extent that we need to contact you, you agree that we may do so via any electronic
means, including but not limited to communications posted on this Site or electronic
mail.
International Use
Accessing materials on this Site by certain persons in certain countries may not
be lawful, and OneWayLimo.com makes no representation that materials on this Site
are appropriate or available for use in locations outside of the United States,
other than the countries listed here. If you are located in a country other than
the counties listed here, you must not transact business with this Site.
Hyperlinks
Unless otherwise expressly permitted, websites may not hyperlink to any page beyond
the homepage of this Site or frame this Site or any web page or material herein,
nor may any entity hyperlink any aspect of this Site in an email for commercial
purposes without the express written permission of OneWayLimo.com.
Miscellaneous
The captions in this Agreement are only for convenience, and do not, in any way,
limit or otherwise define the terms and provisions of this Agreement.
This Agreement, and the related parts of this Agreement relating to each service
represent the entire agreement between you and each Covered Party regarding your
use of this Site and supersede any prior statements, representations, or prior versions
of these Terms and Conditions relating to the use of the Site that were displayed
on this Site before. We reserve the right to modify, revise or update this Agreement
from time to time by updating this posting. Your continued use of this Site will
be subject to the terms of this Agreement in effect at the time of your use. Certain
provisions of this Agreement may be superseded by expressly designated legal notices
or terms located elsewhere on this Site. In the event that any provision of this
Agreement is determined to be unenforceable or invalid, such provision shall nonetheless
be enforced to the fullest extent permitted by applicable law, and such determination
shall not affect the validity and enforceability of any other remaining provisions.
The internal laws of the State of Connecticut shall govern the performance of this
Agreement. You consent and submit to the exclusive jurisdiction of the state and
federal courts located in Fairfield County, Connecticut, in all questions and controversies
arising out of your use of this Site and this Agreement. To the extent permitted
by applicable law, any claim or cause of action arising from or relating to your
use of this Site must be brought within two (2) years from the date on which such
claim or action arose or accrued.
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