This Terms of Service Agreement (the "Agreement") is a legal agreement that governs your relationship with Heartlimo.com,I Limo Inc.(the "Company"), use of the Heartlimo.com Web Site & Heart Limo Mobile Applications (such sites being collectively referred to herein as the "Sites" and the services available on such Sites being referred to herein as the "Services"). If you do not agree to this Agreement, please do not use the Services. In addition to the terms and conditions in this Agreement, users may be asked to agree to additional terms when using different parts of our Sites. The terms and conditions of this Agreement, along with such additional terms and conditions, will be referred to as the "Terms". The Company reserves the right, at its discretion, to change, modify, add, or remove portions of any of the Terms at any time. Please check the Terms periodically for changes. Your use of the Service after such Terms are posted will mean that you accept such Terms.
In this Agreement, we will refer to you and all of your affiliates, agents, employees, representatives and subcontractors as "you" and to the Company and its employees and agents as "we", "us", "Company" or "Heartlimo.com." References herein to Sites include any and all Sites now, or hereafter, owned or operated by us. These Terms were last updated on 5/1/2013.
- INTRODUCTION. Upon your registration, you may choose your own log-in email and optional password or to access our services through the Sites & Mobile Apps.
- SERVICES. We are committed to making your total experience a positive one. Upon entering your information and the request for which you would like limousine service, we will provide you with quotes & pricing based on our calculation methods. We "The Company" provide Limousine service to clients & subcontract to other independant limousine carriers "Affiliates" In the case of requesting a service were all of Our fleet "vehicles" is booked or unavilable we automaticlly will reach out to our approved affiliates "Independant operators" who are capable or willing to complete your service needs. Although we take certain steps to examine the credentials of our "affiliates" limousine companies, we make no guarantees on their preformance or quality of the services preformed. Heartlimo.com has no responsibilty or libility for any transportation provided to you by third party service providers "affiliates" it is your responsibility to call Heartlimo.com & find out if the services you requested will be preformed by us "the company" or third party "affiliates"Should you have a dispute with any Third party "affliates", you must address such dispute with the limousine company directly, AND YOU HEREBY AGREE TO RELEASE HearLimo.com "COMPANY" (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) AND ANY OTHER PERSON, FIRM, OR ENTITY (INCLUDING OUR BUSINESS PARTNERS SUCH AS A PRODUCT MANUFACTURER OR SUPPLIER WHO MAY EMPLOY THE COMPANY'S SERVICES) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH THIRD PARTY "AFFILIATES".
- RESOLUTION PROCESS. While we cannot guarantee the work performed by third part "affiliates'our resolution process has been developed to try and assist you in resolving any problems that may arise in the course of limousine service and which may be the fault of a third party limousine company who you learned about through the Company Services. Although we have no such obligation, we may, upon your request, provide limited assistance in resolving disputes between you and the third party limousine company. You must participate and use good faith efforts to resolve problems through the Company resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms.
- INFORMATION YOU PROVIDE TO US. Upon using the Services, you will be prompted to disclose certain information about yourself and your service requirements on our Site. Some of this information will be sent to limousine companies who will need this information to respond to you or to other persons or entities in connection with our business. By providing this information to us, or by submitting a service quote request, you are requesting, and you expressly consent to being contacted by us and by our limousine companies and providers via phone, email or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our Site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to your service request and our business, including marketing related emails if you agree to receive such emails. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with Company and its partners and thus agree to be contacted by Company and/or its partners. You promise that all information you provide will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to refuse any current or future use of the Company Services (or any portion thereof) by you. You are responsible for any use of the Company services by persons to whom you intentionally or negligently allow access to your password.
THIRD PARTY LIMOUSINE COMPANY "AFFILIATES" PRESCREENING PROCEDURES AND DISCLAIMERS. Company uses the following criteria as part of its registration enrollment process ("registration") for new limousine companies applying for membership in our network:
- Licensing - Company confirms at the time of a limousine companyís registration, that a prospective new limousine company member has minimum applicable required licensing. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities.We recommend you confirm these licensing requirements before proceeding with your ride. We always recommend that you ask the driver to provide you with a copy of their license.
- Insurance - Where relevant, Company confirms general liability insurance coverage or information presented by Third party companies"affiliates" at the time of their registration with Heartlimo.com Company. Company does not confirm general liability coverage for certain categories of limousine companies where such coverage is deemed not applicable.
- State Business Filings* - For business types that require a Secretary of State filing, we confirm that the third party limousine company is in good standing in the state in which it is located. This check applies to third party limousine companies that are corporations and Limited Liability Companies (LLC's).
- INDEMNIFICATION. YOU AGREE TO INDEMNIFY COMPANY, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE COMPANY SERVICES OR IN CONNECTION WITH THE SITES OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
- GENERAL PROVISIONS. You acknowledge and agree that the Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and Company's sole obligation to you or any third party for any claim arising out of your use of the Services or the Sites, is that you are free to discontinue your use of the Services or the Sites at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, COMPANY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT COMPANY SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms will inure to the benefit of Company's successors, assigns and licensees. If any provision of these Terms shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Sites or Services must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect. These Terms are governed by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely in the State of California and between California residents. You agree to submit to jurisdiction in California and that any claim arising under these Terms will be brought solely in a court in San Francisco County, California.
Accessing and Downloading the Application from iTunes
The following applies to any App Store Sourced Application:
- You acknowledge and agree that (i) this Agreement is concluded between you and Company only, and not Apple, and (ii) Company, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
- In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Company and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Company.
- You and Company acknowledge that, as between Company and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- You and Company acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Company and Apple, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
- You and Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
- Without limiting any other terms of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
Any fees that the Company may charge you for the Application or Service, are due immediately and are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our Application or Service either planned, accidental or intentional, or any reason whatsoever. The Company reserves the right to determine final prevailing pricing - Please note the pricing information published on the website may not reflect the prevailing pricing.
The Company, at its sole discretion, make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. The Company may change the fees for our Service or Application, as we deem necessary for our business. We encourage you to check back at our website periodically if you are interested about how we charge for the Service of Application