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LIMOFORSALE.com TERMS OF USE / LEGAL |
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Governing
Use of LimoForSale.com |
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This User Agreement (the "Agreement") governs the use of the LimoForSale.com website
herein referred as the "Sites" and the service available on such Sites being referred
to herein as the "Service"). The Sites are owned by Limos.com, LLC ("Limos.com, LLC").
Your use of a Site constitutes your agreement to all of the terms and conditions
of this Agreement. If you do not agree to this Agreement, please do not use the
Service. 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 offer limousine services and autos for sale (referred
to herein as "limousine companies") of any applicable fees. (The terms and conditions
of this Agreement, along with such additional terms and conditions, will be referred
to as the "Terms".) Limos.com, LLC reserves the right, at its discretion, to change, modify,
add, or remove portions of any of the Terms at any time. Please check these Terms
periodically for changes. A user's use of the Service after such Terms are posted
will mean that such user accepts such Terms.
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User Eligibility |
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1. General User Eligibility. This Agreement is a legal agreement between Limos.com, LLC and each user. The Service
is only available to individuals and entities that can form legally binding contracts
under applicable law. If you do not qualify, please do not use the Service. Each
user represents that all information supplied by it is true and accurate. Without
limitation, any speculative, false or fraudulent ad placements are prohibited. Limos.com, LLC
may refuse and/or terminate its Service to anyone at any time, including individuals and/or companies who use the site as a venue to promote competitive, like, similiar advertising services, not limited to sales organizations with physical inventory. Without limiting the foregoing, Limos.com, LLC
can expel any user from its service for reasons at Limos.com, LLC's discretion. |
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Site Is Only A Venue |
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2. Site Is Only a Venue. The Sites act as a venue for limousine companies and buyers
& sellers of limousine industry related goods, including used limousine and
commercial transportation vehicles. Limos.com, LLC is not involved in the actual transaction
between buyers and advertisers. As a result, it has no control over the quality,
safety, reliability or legality of the services, vehicles, and ads; the truth or
accuracy of the listings, the ability of advertisers to provide services or the
ability of the buyers to buy services. We encourage users to communicate directly
with advertisers or buyers or with third parties, such as the Better Business Bureau,
to a degree sufficient to establish the reliability of the advertiser or buyer.
No advertiser will at any time represent that Limos.com, LLC endorses a advertiser or its services.
Any disputes between a buyer and an advertiser should be handled by the related
parties. Because user identification on the Internet is difficult, Limos.com, LLC cannot and
does not confirm that each user is who it claims to be |
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Fees For Service |
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3. Fees for the Service. The Service is free for site visitors. Advertisers are
charged an advertising package. Fees for advertising packages is variable and may
change at anytime. All fees incurred for ad package purchases are NON-REFUNDABLE.
When purchasing advertising packages, please purchase one that best fits your needs. All ad licenses extend for 1 year only. |
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Use of Service |
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4. Use of the Service. The Service may be used only for lawful purposes. Limos.com, LLC specifically
prohibits any use of the Service for unlawful purposes, and users agree not to use
the Service for any unlawful purposes, or for posting any incomplete, false or inaccurate
information, or any obscene, indecent or offensive language or to place on the Service
any material that is false, defamatory, abusive, harassing or hateful. In addition,
each user agrees not to (a) alter, remove, or obscure any notices or markings from
the Service, (b) modify, translate, produce a source listing, decompile, disassemble,
or reverse engineer the Service or any portion thereof; (c) create derivative versions
of any part of the Service; (d) rent, transfer, distribute or grant any rights in
the Service in any form; or (e) use the Service for any purpose that Limos.com, LLC deems to
be inappropriate. Posting of duplicate vehicle ads, and/or ads which are similiar in nature to increase ad exposure is prohibited and such actions is a violation of "Use". Abuse of ad placements either from licensees and/or advertisers is subject to immediate account termination without refund or recourse. |
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Proprietary Materials |
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5. Proprietary Materials. The Service contains proprietary materials such as logos,
text, software and photos. As between Limos.com, LLC and users, Limos.com, LLC is the owner or licensee
of all such proprietary material and all intellectual property rights therein, including
without limitation, copyrights and trademarks |
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User Materials |
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6. User Materials. In using the Service, a user may be able to post materials for
other users to view on the Service or links to other sites. Each user acknowledges
and agrees that such user is solely responsible for the form, content and accuracy
of any content or information placed by User on the Service. |
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License |
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7. License. Each user hereby grants to Limos.com, LLC, 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. |
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Links To Third Party Sites |
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8. Links to Third Party Sites. The Service may contain links to web sites operated
by parties other than Limos.com, LLC ("Third Party Sites"). Limos.com, LLC's links to such other sites does
not imply any endorsement of the products, services or material on such Third Party
Sites or any association with their sponsors or operators. Limos.com, LLC expressly disclaims
all content, services and products available through such Third Party Sites. Linking
to any other service or site from this Service is at your own risk |
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Release And Indemnity By User |
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9. 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 Limos.com, LLC (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. 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." USER WILL INDEMNIFY AND HOLD Limos.com, LLC AND ITS
AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES, HARMLESS FOR ANY LOSSES, COSTS,
LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) AGAINST Limos.com, LLC 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 |
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Disclaimer |
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10. Disclaimer. Limos.com, LLC DOES NOT RECOMMEND ANY SPECIFIC ADVERTISER AND DOES NOT PROVIDE
ADVICE ON WHICH ADVERTISER/VEHICLE TO SELECT. Limos.com, LLC DOES NOT SELL, SOLICIT APPLICATIONS
FOR, OR WRITE CONTRACTS FOR ANY SERVICES. Limos.com, LLC IS NOT A BROKER ACTING ON BEHALF OF
ANY BUYER AND IS NOT AN AGENT ACTING ON BEHALF OF ANY ADVERTISER |
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No Warranty |
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11. No Warranty. 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. Limos.com, LLC does
not provide or make any undertaking or representation with respect to any limousine
vehicle/vauto 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.
Limos.com, LLC does not warrant that advertisers are licensed or certified to practice in any
jurisdiction or have ownership of any item for sale; nor does Limos.com, LLC 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 obtaned through the use of
the Service. THE SERVICE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND AND
Limos.com, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS
FOR A PARTICULAR PURPOSE. Limos.com, LLC DOES NOT WARRANT THAT THE OPERATION OF THE SERVICE
WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT BREACHES OF SECURITY. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO IN THESE JURISDICTIONS
THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO THE USER |
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Limitation of Liability |
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12. Limitation of Liability. IN NO EVENT WILL Limos.com, LLC BE LIABLE TO USER OR ANY PARTY
FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES ARISING OUT OF THE
USE, AVAILABILITY OR UNAVAILABILITY OF THE SERVICE OR ANY OTHER SERVICES OR GOODS
OBTAINED THROUGH USE OF ANY OF THE FOREGOING, OR ANY DATA TRANSMITTED THROUGH THE
SERVICE, EVEN IF Limos.com, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND Limos.com, LLC'S
ENTIRE AGGREGATE LIABILITY UNDER OR ARISING OUT OF THESE TERMS OR THE SERVICE SHALL
BE LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT PAID TO Limos.com, LLC
BY USER FOR THE ONE YEAR PERIOD PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES,
SO IN THESE JURISIDICTIONS THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO
THE USER |
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No Agency |
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13. No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created between any user and Limos.com, LLC by the Terms |
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Notices |
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14. Notices. Except as explicitly stated otherwise, any notices to Limos.com, LLC regarding
this Agreement shall be sent to admin@limos.com. Any notice to a user shall
be given to the name and address submitted at the time of registration |
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Governing Law |
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15. Governing Law. This Agreement, the Terms, the Service and any modifications
thereto may not be assigned or in any way transferred without the prior written
consent of Limos.com, LLC. The terms of this Agreement shall be construed in accordance with
the substantive laws of the State of Arizona, United States of America, without
giving effect to the principles of conflict or choice of law of such state. Each
user hereby consents to the exclusive jurisdiction and venue of courts in Maricopa
County, Arizona, U.S.A. in all disputes arising out of or relating to the use of
this Service |
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Waiver |
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16. Waiver. No waiver of any of the Terms shall be deemed waiver of any other such
Terms set forth herein |
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Entire Agreement |
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17. Entire Agreement. The Terms constitute the entire agreement between each user
and Limos.com, LLC with respect to the subject matter covered herein, and supersede all previous
communications, representations, understandings and agreements, either oral or written,
between the parties with respect to said subject matter. This Agreement may not
be modified by a user except by a written agreement signed by authorized representatives
of both parties |
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Termination |
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18. Termination. Limos.com, LLC may immediately issue a warning, temporarily suspend, indefinitely
suspend or terminate a user's use of all or any portion of the Service if a user
breaches or refuses to comply with the Terms, or any time or for any reason, at
the sole discretion of Limos.com, LLC. In addition, Limos.com, LLC my terminate membership of any member
should the Terms of Service herein be refuted expressly or implicitly. |
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Disclosures |
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19. Disclosures. The Service hereunder is offered by Limos.com, LLC, 4505 E. Chandler Blvd, Ste 105, Phoenix AZ 85048 |
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