1. Your Acceptance
please carefully review the terms of this site
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through www.1800taxiusa.com, www.taximobile.com, or other web sites owned or operated by 1-800-TAXI-USA, the "1-800-TAXI-USA Sites"), YOU SIGNIFY YOUR ASSENT TO THESE TERMS AND CONDITIONS ("The Terms of Service"). If you do not agree to any of these terms, then do not use the 1-800-TAXI-USA Sites. We may periodically change the terms, so please check them from time to time as your continued use of the 1-800-TAXI-USA Sites signifies your acceptance of any changed terms.
BY USING AND/OR VISITING THIS WEBSITE, YOU ALSO AGREE TO THE TERMS AND CONDITIONS OF 1-800-TAXI-USA'S PRIVACY NOTICE, WHICH ARE PUBLISHED AT http://www.1800taxiusa.com/privacy.html, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then do not use the 1-800-TAXI-USA Sites. We may periodically change the policy, so please check it from time to time as your continued use of the 1-800-TAXI-USA Sites signifies your acceptance of any changed terms.
2. You Accept the Risk of Using the Referred Taxi from 1-800-TAXI-USA
1-800-TAXI-USA provides you with listings of information related to taxi services by providers ("Providers") not affiliated with 1-800-TAXI-USA. 1-800-TAXI-USA does not warrant or accept responsibility for the taxi services provided by these providers. By using this website, you agree and acknowledge that you may be exposed to information that is inaccurate, misleading, incomplete, and/or outdated. Taxi companies and other service providers listed in the Service may or may not be advertisers paying 1-800-TAXI-USA to be listed. Although 1-800-TAXI-USA asks for such information, the Providers may or may not be properly licensed by applicable jurisdictions. Providers in no event are agents of 1-800-TAXI-USA; in no event is 1-800-TAXI-USA an agent of or on behalf of any Providers. Under no circumstances is 1-800-TAXI-USA responsible for the activities or services of Providers. 1-800-TAXI-USA does not warrant or insure the Providers' performance in any way, nor does it represent or warrant that such providers are in conformance with applicable laws, rules or regulations, or that such providers maintain any or sufficient insurance. Under no circumstances does 1-800-TAXI-USA control in any way the activities or services of Providers. Listing any Provider in the Services in any way is not under any circumstances a recommendation by 1-800-TAXI-USA of such Providers. You understand and acknowledge that 1-800-TAXI-USA does not make any recommendations of any Providers; it simply provides a listing of such Providers for your use as you see fit.
Under no circumstances shall 1-800-TAXI-USA, or its Affiliates, or any of their respective officers, directors, employees, or agents, be liable for any loss or damage caused by your reliance on any Content or other information obtained through the Web Site. It is your responsibility to evaluate the information or other Content available through the Web Site.
While 1-800-TAXI-USA exercises no control over the services or activities of the Providers or other third parties, 1-800-TAXI-USA does exercise complete control over the Services including the site, and reserves the right to discontinue, modify or reorganize any or all of the Services, remove, modify or reorganize any and all Content, Providers, or make any other changes to the Services, without notice. Any user accounts established with 1-800-TAXI-USA for use in connection with the Services may, as part of the Services, be discontinued or modified at any time in the sole discretion of 1-800-TAXI-USA with or without notice, for any reason, including but not limited to inactivity or violation of the Agreement. You further agree that 1-800-TAXI-USA in its sole discretion has the right but not obligation to terminate your access to or use of the Service immediately without notice.
3. You Accept the Risk of Dealings with Providers and Third Parties
Your dealings with Providers, and with any other organizations and/or individuals found on or through 1-800-TAXI-USA, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Providers or organizations and/or individuals. You agree that 1-800-TAXI-USA shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between users and any third party, including but not limited to Providers, you understand and agree that 1-800-TAXI-USA is under no obligation to become involved. In the event that you have a dispute with one or more other users or Providers, you hereby release 1-800-TAXI-USA, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "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."
4. Intellectual Property Rights
Unless otherwise noted, all materials on this site are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by 1-800-TAXI-USA, LLC. or by other parties that have licensed their material to 1-800-TAXI-USA, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. 1-800-TAXI-USA reserves all rights not expressly granted in and to the Website and the Content. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the service. Further, you agree not to circumvent, disable or otherwise interfere with security related features of the 1-800-TAXI-USA Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the 1-800-TAXI-USA Website or the Content therein. You may not use bots or similar methods or tools to "data mine" or otherwise gather or extract from this site. You may not attempt to gain unauthorized access to 1-800-TAXI-USA's computer systems or private subwebs or engage in any activity that disrupts, interferes, or diminishes in any way the services.
5. Copyright and Trademark
The 1-800-TAXI-USA, LLC. name and logo, the 1-800-TAXI-USA marks, and all other related product and service names, design marks and slogans, including but not limited to: "1-800-TAXI-USA®", "TaxiMobile®", and "Your First Call When It's Last Call®" are trademarks, service marks or registered trademarks of 1-800-TAXI-USA, LLC. and may not be used in any manner without the prior written consent of 1-800-TAXI-USA. All other trademarks and service marks are trademarks of their respective owners.
If you wish to use the trademark 1-800-TAXI-USA and/or the 1-800-TAXI-USA logo ("the 1-800-TAXI-USA mark") on your website providing a link or cross-link to www.1800taxiusa.com, you may do so on the condition that 1) your use of the 1-800-TAXI-USA mark is solely for the purpose of promoting and/or informing your website visitors of the services found at www.1800taxiusa.com; 2) you use the 1-800-TAXI-USA mark only as it appears on this site; 3) you agree the use is subject to the control of 1-800-TAXI-USA, LLC., and 4) you agree that 1-800-TAXI-USA may revoke this permission at any time and for any reason, at which time you must immediately discontinue use of the 1-800-TAXI-USA mark.
6. Copyright Agent
1-800-TAXI-USA respects the rights of all copyright holders. If you are a copyright owner or agent thereof and believe that your work has been copied in a way that constitutes copyright infringement, please provide 1-800-TAXI-USA's Copyright Agent the following information required in writing by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. 512:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
d. Information reasonably sufficient to permit us to contact the complaining party;
e. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The 1-800-TAXI-USA Copyright Agent for notice of claims of copyright infringement on or regarding this site can be reached as follows:
Attn: Clint Scorsese
P.O. Box 33882
Washington, DC 20033
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
7. Website Access
A. 1-800-TAXI-USA hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without 1-800-TAXI-USA's prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
B. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the 1-800-TAXI-USA servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, 1-800-TAXI-USA grants the operators of general purpose internet search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or directories of local transportation service providers. Use of the Service beyond the scope of authorized access granted to you by 1-800-TAXI-USA immediately terminates said permission or license.
8. Third Party Websites
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE 1-800-TAXI-USA WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, 1-800-TAXI-USA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. 1-800-TAXI-USA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE 1-800-TAXI-USA WEBSITE. 1-800-TAXI-USA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE 1-800-TAXI-USA WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND 1-800-TAXI-USA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
REFERENCE HEREIN TO ANY PROVIDERS, PRODUCTS, SERVICES, PROCESSES, HYPERTEXT LINKS TO THIRD PARTIES OR OTHER INFORMATION BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ITS ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION BY 1-800-TAXI-USA. PRODUCT AND SERVICE INFORMATION IS THE SOLE RESPONSIBILITY OF EACH INDIVIDUAL VENDOR. 1-800-TAXI-USA MAKES NO ENDORSEMENT OF ANY PROVIDERS OR OTHERS ON THE SERVICES OR SITE.
10. Limitation of Liability
IN NO EVENT SHALL 1-800-TAXI-USA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE 1-800-TAXI-USA WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT 1-800-TAXI-USA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Website is controlled and offered by 1-800-TAXI-USA from its facilities in the United States of America. 1-800-TAXI-USA makes no representations that the 1-800-TAXI-USA Website is available for use in other locations. Those who access or use the 1-800-TAXI-USA Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless 1-800-TAXI-USA, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Service or access to the 1-800-TAXI-USA Website; (ii) services you receive from Providers or others advertised or listed on the Services or Site; (iii) your violation of any term of these Terms of Service; or (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Service and your use of the 1-800-TAXI-USA Service and Website.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by 1-800-TAXI-USA without restriction.
You agree that: (i) the 1-800-TAXI-USA Website and Service shall be deemed solely based in California; and (ii) the 1-800-TAXI-USA Website shall be deemed a passive website that does not give rise to personal jurisdiction over 1-800-TAXI-USA, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and 1-800-TAXI-USA that arises in whole or in part from the 1-800-TAXI-USA Website or Service shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. Either 1-800-TAXI-USA or you may demand that any dispute between 1-800-TAXI-USA and you about or involving the 1-800-TAXI-USA Service must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Los Angeles, California, USA, provided that the foregoing shall not prevent 1-800-TAXI-USA from seeking injunctive relief in a court of competent jurisdiction. These Terms of Service, together with the Privacy Notice at http://www.1800taxiusa.com/privacy.html and any other legal notices published by 1-800-TAXI-USA on the Website, shall constitute the entire agreement between you and 1-800-TAXI-USA concerning the 1-800-TAXI-USA Website and Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and 1-800-TAXI-USA's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. 1-800-TAXI-USA reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the 1-800-TAXI-USA Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. The section titles in this agreement are for convenience only and have no legal or contractual effect. YOU AND 1-800-TAXI-USA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE 1-800-TAXI-USA WEBSITE OR SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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