THESE TERMS MAY BE REVISED PERIODICALLY, AND BY USING THIS WEBSITE, YOU AGREE TO FOLLOW AND BE BOUND BY THE TERMS AND CONDITIONS BELOW.
The Exclusive Limo Service website, and all related Web Pages and websites owned and operated by Exclusive Limo Service and linked with exclusivelimochicago.com, (collectively the “Site”), and all of the information, communications, software, Application Programming Interfaces (“APIs”), scripting, photos, text, video, graphics, music, sounds, images, trademarks, logos and other content on the Site (collectively the “Content”), is intended solely for lawful use in accordance with these Terms.
Given the global reach of the Internet, the Site and the Content may not be appropriate or available for use in your location. Exclusive Limo Service makes no representation or warranty regarding the availability or legality of the Site or the Content in your location, or regarding the accuracy of the non-English translations presented on the Site. You agree that you are accessing and using the Site at your own risk and that you alone are responsible for ensuring that you are fully in compliance with all applicable laws, regulations and rules (including but not limited to your jurisdiction’).
Exclusive Limo Service reserves the right in its sole discretion to refuse or terminate your access to the Site and/or the Content at any time.
TRADEMARKS AND SERVICE MARKS:
There are a number of proprietary logos, designs, service marks, trademarks, slogans and product designations found on this Site that are the property of Exclusive Limo Service. or other owners (collectively the “Marks”), including but not limited to the marks Exclusive Limo Service.
None of the Marks may be used as a hyperlink or otherwise without the Exclusive Limo Service prior written permission, and the fact that the Marks appear on the Site does not grant you a license to use any of the Marks.
RESTRICTIONS ON USE OF CONTENT:
The Content is owned or licensed to Exclusive Limo Service unless stated otherwise on the Site, and the Content (including the individual elements of the Content as well as the selection, coordination and arrangement of the Content) is protected internationally by a variety of laws, including but not limited to copyright, trademark and patent laws as well as other proprietary rights laws.
You may access the Content solely for your personal, non-commercial use of the Site in accordance with these Terms and any guidelines or instructions displayed on the Site. This permission to access the Content terminates automatically if you breach any of these Terms.
Also, certain portions of the Site, and certain Content, may be restricted such that access thereto is available only to certain users. No Content may be copied, reproduced, republished, uploaded, downloaded, posted, transmitted, or distributed in any way without the written permission of Exclusive Limo Service, except that you may:
(i) participate in blogs as detailed below in the “Blogs” section of these Terms; and
(ii) download and use Content that Exclusive Limo Service purposely and expressly makes available for download on the Site, provided that you (1) retain and keep intact all copyright and other proprietary notices, (2) use such Content only pursuant to any licenses associated with such Content, and (3) do not modify, sell or resell, decompile, reverse engineer, disassemble or otherwise convert any such Content.
As between you and Exclusive Limo Service, all title and intellectual property rights in and to the Content, including all code, data, files and images contained in or generated by Exclusive Limo Service ( www.exclusivelimochicago.com ).
OTHER PROHIBITED ACTIVITIES:
You are prohibited from violating, or attempting to violate, any of the Site’s security measures, including but not limited to access restrictions related to the Site. Any such violations or attempted violations may result in criminal and/or civil penalties against you (in addition to the automatic termination of your permission to access the Content). In using the Site, including any blogs thereon, you further agree not to:
• Post, send or otherwise transmit any unlawful, infringing, harmful, harassing, libelous, defamatory, threatening, hateful, obscene, violent, offensive, scandalous, inflammatory, pornographic, profane or otherwise objectionable material of any kind, any other material that could give rise to any civil or criminal liability under applicable laws, any material that can cause harm or delay to the Site or computers of any kind, or any advertising, solicitation or promotional materials;
• Post, send or otherwise transmit any material that you do not have the right to post, send or transmit under applicable laws, or that would constitute a violation of your obligations to any other person or company;
• Impersonate any person or misrepresent your identity or affiliation in any way;
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others; post photos or images of another person without that person’s consent; use racially, ethnically, or otherwise offensive language; coordinate or incite illegal activity; use obscene language; or solicit or post actual or simulated sexually explicit images;
• Restrict, discourage or inhibit any person from using the Site; disclose another person’s personal information on the Site or obtained from the Site; or collect or harvest information (including but not limited to user names and email addresses) about any users of the Site;
• Intentionally seek information on, gain unauthorized access to, obtain copies of, or modify files, other data or passwords belonging to other users without their permission; or solicit a user’s password or other account information;
• Post, send or otherwise transmit information that you know to be false or misleading or that promotes or facilitates illegal activities, piracy or conduct that is abusive, threatening, obscene, defamatory or libelous;
• Gain unauthorized access to the Site or to other computers or websites connected or linked to the Site; • Launch or use any automated system (including but not limited to “robots,” “spiders” or “offline readers”) that accesses the Site in a manner that sends more request messages to the Site’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
• Send or otherwise transmit to or through the Site, or to the Foundation, any “spamming” or “phishing” messages, or any messages advertising any goods or services;
• Transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may, or is intended to, damage or hijack the operation of any hardware, software, website or telecommunications equipment;
• Violate any applicable laws or regulations or these Terms; or
• Assist any person with engaging in any of the activities described above.
SUBMISSION OF INFORMATION:
Although Exclusive Limo Service may provide certain encryption to help protect the electronic transmission of certain types of information submitted through the Site, Exclusive Limo Service cannot and does not guarantee the security of information transmitted to or from the Site.
You agree that Exclusive Limo Service is free to use, for any purpose whatsoever and without compensation to you or others, any ideas, concepts, know-how or techniques that you post to, or transmit or submit through, the Site.
You are responsible and liable for any of your submissions to Exclusive Limo Service or through the Site, and you agree, represent and warrant that such submissions are
(i) truthful, accurate, and not misleading,
(ii) offered in good faith, and (iii) permitted under the applicable laws and your obligations to other persons or companies.
Exclusive Limo Service reserves the right to make changes to, and to restrict or make available, any portion of the Site at any time in its sole discretion and without prior notice.
If you register to use a portion or feature of the Site, you agree to provide true, accurate, current and complete information about yourself when registering, and to update such information whenever necessary to maintain the truth, accuracy and completeness of such information.
You may have only one active account on the Site, and only you may use your account to access the Site. You agree to exit from your account at the end of each session. You agree to promptly notify Exclusive Limo Service of any unauthorized use of your email address, password or other account information for the Site, or of any other breach of security relating to the Site or of these Terms of which you become aware, by emailing Exclusive Limo Service at .
Exclusive Limo Service has the right, in its sole discretion, to suspend or terminate your account and/or your use of the Site for any reason. Exclusive Limo Service expressly disclaims liability for any and all claims, losses and damages arising from your failure to comply with the terms and conditions of this Site.
Exclusive Limo Service asks that you respect blog community and participating individuals, and that you use common sense and basic etiquette when using any blog on the Site. You are solely responsible for all materials and information that you upload, post, email, transmit or otherwise make available on any blog on the Site (collectively “Your Content”), and you hereby certify that you either own all intellectual property rights in Your Content or have obtained the necessary authorizations to lawfully disclose Your Content on a blog on the Site.
You agree not to post or transmit any material or information that is unrelated to the subject matter of the blog posting or that violates any other provisions of these Terms. Exclusive Limo Service does not directly control any content that other parties post on blogs on the Site.
Accordingly, Excusive Limo Service does not endorse or guarantee the accuracy, integrity or quality of such content. You understand that by using any blog on the Site, you may be exposed to content that is false, offensive, indecent or otherwise objectionable.
Under no circumstances will Exclusive Limo Service, its members, directors, officers, directors or employees be held liable for any claim, loss or damage arising out of or relating to your receipt of, or reliance on, information or material viewed or obtained through any blog on the Site.
It is your responsibility to evaluate the information, opinion, advice, or other content made available through any blog on the Site. Exclusive Limo Service reserves the right to investigate and take legal action against anyone who, in Exclusive Limo Service sole discretion, violates these Terms, including but not limited to removing any offending blog profile information or submissions and/or terminating your access to the Site or any blog thereon. Acceptance.
You agree not to use the Web Site to:
(a) transmit any material that infringes or misappropriates any third party’s copyright, trademark, trade secret, patent, or other proprietary rights,
(b) transmit any material that is false, inaccurate, fraudulent, or misleading,
(c) distribute computer viruses, worms, or software intended to damage or alter a computer system without the owner’s consent,
(d) use “auto-responders,” “cancel-bots,” or other similar mechanisms that generate excessive network traffic,
(e) transmit any unlawful, harmful, defamatory, pornographic, obscene, vulgar, threatening, harassing or otherwise objectionable material,
(f) send or relay any unsolicited advertising or chain letters,
(g) exceed your permitted access or attempt to gain unauthorized access to the Web Site or any part thereof, or other accounts, computer systems or networks connected to the Web Site, through login password mining or any other means,
(h) frame any portions of the Web Site within another web site or establish links from any other web site to any page of the Web Site other than the home page or
(i) resell use of, or access to, the Web Site or the Services to any third party without Exclusive Limo Service prior written consent. Exclusive Limo Service reserves the right to terminate your access to the Web Site or Services at any time without notice if it determines, in its sole discretion that you have abused or violated any of these terms and conditions.
ID Number, Password and Security:
You are responsible for maintaining the confidentiality of any user ID and/or password provided to you by Exclusive Limo Service for use in connection with the Web Site or the Services. You are solely responsible for all activities that occur under your user ID and/or password, and you agree to notify American Executive Limousine Service immediately of any unauthorized use of your user ID and/or password or any other breach of security related to the Web Site.
EXCLUSIVE LIMO SERVICE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO SAFEGUARD YOUR USER ID AND/OR PASSWORD OR TO COMPLY WITH THIS SECTION.
Exclusive Limo Service provision to you of the Services may be subject to other terms, conditions and restrictions set forth on the Web Site or otherwise communicated in writing to you by Excusive Limo Service, including via email.
The Services are subject to availability and all price quotes are estimates. Proprietary Rights: The Web Site, certain content therein, the Services and any underlying software may be protected by copyright, trademark, patent, and/or other intellectual property and proprietary rights laws and are owned (along with all proprietary rights therein) by Excusive Limo Service and its licensors.
You agree that you will not copy, distribute, republish, display, post, transmit, download, or modify any content you obtain from the Web Site without Exclusive Limo Service prior permission; provided, however, that you may download or print a copy of information from the Web for your use in learning about, reserving, or using the services.
Copyrights This Web site and information contains copyrighted material, trademarks, and other proprietary information. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works of, on in any way exploit, in whole or in part, any Proprietary or other Material.
THE WEB SITE, THE SERVICES, AND ANY INFORMATION PROVIDED THROUGH THE WEB SITE ARE PROVIDED BY EXCLUSIVE LIMO SERVICE ON AN “AS IS” BASIS, AND NEITHER EXCLUSIVE LIMO SERVICE NOR ITS SUBSIDIARIES, PARTNERS, AFFILIATES, VENDORS OR SUBCONTRACTORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEB SITE OR SERVICES OR THE INFORMATION MADE AVAILABLE BY OR THROUGH THE WEB SITE OR THE SERVICES.
IN ADDITION, EXCLUSIVE LIMO SERVICE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY AND NON-STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR CUSTOM OF TRADE. NEITHER EXCLUSIVE LIMO SERVICE NOR ANY OF ITS SUBSIDIARIES, PARTNERS, AFFILIATES, VENDORS OR SUBCONTRACTORS WARRANTS THAT USE OF THE WEB SITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.
Some jurisdictions may not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
Limitation of Liability:
IN NO EVENT WILL EXCLUSIVE LIMO SERVICE, ANY OF ITS SUBSIDIARIES, PARTNERS, AFFILIATES, VENDORS OR SUBCONTRACTORS, INCLUDING THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE, THE SERVICES, OR ANY WEBSITES LINKED TO THE WEB SITE, WHETHER BASED ON CONTRACT, TORT OR OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER EXCLUSIVE LIMO SERVICE KNEW OR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCLUSIVE LIMO SERVICE AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING FROM OR RELATING TO THE WEB SITE OR THE SERVICES (REGARDLESS OF THE CAUSE OF ACTION, WHETHER UNDER CONTRACT, TORT, OR OTHER LEGAL THEORY) IS LIMITED TO THE GREATER OF
(i) THE AMOUNT PAID BY THE USER TO EXCLUSIVE LIMO SERVICE FOR THE SPECIFIC SERVICE THAT IS THE SUBJECT OF THE DISPUTE OR
(ii) $50.00. THE FOREGOING LIMITATIONS OF LIABILITY ARE INDEPENDENT OF, AND SHALL APPLY REGARDLESS OF, ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED OR EXCLUSIVE REMEDY.
You acknowledge that Exclusive Limo Service has agreed to provide the Web Site and the Services in reliance on the exclusions of liability and disclaimers of warranty set forth herein.
Some jurisdictions do not allow the limitation of incidental or consequential damages, so the above limitation may not apply to you.
Any communication or material you transmit by email or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, nonconfidential and nonproprietary.
Furthermore, you expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.
This Web Site and Service is provided from the United States of America and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the Web Site and Service.
We make no representations regarding the legality of this Web Site and Service in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.
The arbitration panel shall consist of one (1) neutral arbitrator if the amount in controversy in less than $25,000, otherwise the panel shall consist of three (3) neutral arbitrators, each an attorney with at least five (5) years of experience in the primary area of law as to which the dispute relates.
The costs of the arbitration shall be shared equally by the parties, provided that, the arbitrator may award attorneys costs and expenses to the prevailing party. The parties agree that any actions or disputes shall be adjudicated between the parties hereto, and shall not be combined with any other actions or disputes of other parties.
Notwithstanding the foregoing, this arbitration clause shall not in any way be deemed to limit Exclusive Limo Service right to commence an action in an appropriate court (and without submitting to arbitration) to protect its intellectual property rights or enjoin prohibited use of the Web Site and Service.
Exclusive Limo Service shall not be responsible for damages caused by delay or failure to perform, in full or in part, any of its obligations in connection with the Web Site or Services, provided that there is due diligence in attempted performance under the circumstances and that such delay or failure is due to fire, earthquake, unusually severe weather, strikes, government sanctioned embargo, flood, act of God, act of war or terrorism, act of any public authority or sovereign government, civil disorder, delay or destruction caused by public carrier, or any other circumstance substantially beyond the control of Exclusive Limo Service.
Notwithstanding the foregoing, Exclusive Limo Service is under no obligation to provide end-user technical support for the Service.