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GREAT
LIMO TERMS AND CONDITIONS OF SALE
THIS
AGREEMENT is made between Greatlimo.net (hereafter
referred to as "GREAT LIMO” and the customer
whose name appears on the face of this contract
agreement (hereafter referred to as "Member”
on the date indicated on the face of this agreement).
This Agreement shall be non-assignable and non-cancelable
upon acceptance by GREAT LIMO.
This
User Agreement (the "Agreement") governs
the use of the Greatlimo.net website (such site
being referred to herein as the "Site"
and the service available on such Site being referred
to herein as the "Service"). The Site
is owned by Greatlimo.net. 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 provide limousine services
(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".)
GREATLIMO.NET 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.
1. User Eligibility
(a) General. This Agreement is a legal agreement
between GREATLIMO.NET 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
service requests are prohibited. GREATLIMO.NET
may refuse its Service to anyone at any time.
Without limiting
the foregoing, GREATLIMO.NET can expel any limousine
company from its service for reasons at GREATLIMO.NET
's discretion. Such reasons include and are not
limited to: (i) email unresponsiveness, (ii)
unprofessionalism,
(iii) consumer complaints, (iv) deceptive advertising
claims or (v) delinquency in payment. In addition,
GREATLIMO.NET reserves the right to refuse any
applicant, including re-booking firms and companies
who may indirectly
compete with GREATLIMO.NET 's core product. Subsequently,
GREATLIMO.NET may remove any limousine service
from our services when evidence is present which
indicates
a member does not abide by our membership Terms
of Service and/or Fee Assessment Policy. (b)
Membership
for Limousine Companies. In order to become a
member of the Site a limousine company must meet
the following
criteria:
(i) Proof of Insurance: The company is required
to hold full insurance policies as mandated by
its local
and state authority and provide proof of such
insurance to GREATLIMO.NET .
(ii) Licensing: The company is required to hold
full licensing, permits, and safety requirements
as mandated
by local, state and federal laws.
(iii) Email Promptness: The company is required
to check its email every 48 hours.
(iv) Locality Restrictions: All companies must
be located within a 60 mile radius of their advertising
territory.
Such companies must have a local address and
a local telephone to display in their advertisement.
Nationwide
companies must open multiple accounts with their
satellite offices local addresses and local numbers.
GREATLIMO.NET
does not list centralized, brokering clearinghouses
or reservation centers unless the locality requirements
are met above.
(v) Credit Card Authorization: GREATLIMO.NET
must receive a credit card authorization from
a limousine company
before an account is setup. The credit card that
is provided will be used to charge the annual
fee and
monthly per lead fees that are required to be
paid by limousine companies in order to participate
in the
Service (see paragraph 4 below).
(vi) Membership Application: The limousine company
must complete and submit a membership application.
Upon receipt of the application, GREATLIMO.NET
will notify the company when and if its application
has
been activated.
If
a limousine company's application for membership
of the Site is accepted, the company
will be
admitted into the Site' directory service ("Directory")
and the Site' limousine company finder service
("Finder
Service").
2.
Directory and Finder Service
(a) Directory. In Directory, contact information
(including a complete company profile and
company website) for
limousine companies in the buyer's geographic
area is listed on a randomized basis.
The buyer may send up to eight (8) selected
limousine companies a service request containing
details
as to the limousine service requested by
the buyer. The recipient
limousine companies are free to respond to
the request.
(b) FinderService. In the Site' Finder Service,
the buyer submits a request containing details
regarding
the requested limousine service to GREATLIMO.NET.
GREATLIMO.NET forwards this request to up
to 15 matching limousine
companies (selected on a random basis) in
the buyer's geographic area. The recipient
limousine
companies
are free to respond to the request.
3.
Site Are Only a Venue
The Site act as a venue for limousine companies
and buyers of limousine services. GREATLIMO.NET
is not
involved in the actual transaction between
buyers and limousine companies. As a result,
it has
no control
over the quality, safety, reliability or
legality of the services, the truth or
accuracy of the
listings,
the ability of limousine companies to provide
services or the ability of the buyers to
buy services (as set
forth in paragraph 13. GREATLIMO.NET does
have an internet endorsement program --
this endorsement
simply states
that the particular company has presented
GREATLIMO.NET with valid evidence of internet
service readiness,
not that GREATLIMO.NET provides any warranty
with respect to its service). We encourage
users to communicate
directly with limousine companies or buyers
or with third parties, such as the Better
Business Bureau,
to a degree sufficient to establish the
reliability of the limousine company or buyer.
No limousine
company will at any time represent that
GREATLIMO.NET endorses
a limousine company or its services. Any
disputes between a buyer and a limousine
company should
be handled by
the limousine company. Because user identification
on the Internet is difficult, GREATLIMO.NET
cannot
and does not confirm that each user is
who it claims to be.
4.
Fees for the Service
The Service is free for buyers. Limousine companies
are currently charged two fees for participation
in the Service:
(a)
Payment: Member agrees to pay GREAT LIMO the aggregate
amount set forth on the face of this agreement If
Member fails to pay any amounts owed to
GREAT LIMO under this agreement when due, Member
agrees to pay all costs incurred by GREAT LIMO in
collecting the amounts due to GREAT LIMO, including
reasonable attorney's fees expended in collecting
sums due whether incurred before trial, during trial
or in any appeal thereafter, as well as any other
out-of-pocket expenses expended by GREAT LIMO in
collecting such sums ("collection costs").
If any amount owed to GREAT LIMO under this agreement
is not paid when due, including collection costs
If any, such amounts may at the option of GREAT
LIMO bear interest starting 30 days after the due
date at the rate of 11/2%, per month or the highest
rate allowed by applicable law, whichever is greater,
until such amounts are paid in full Deposits are
non-refundable.
(b)
Per Lead Fee. Limousine companies are also charged
a per lead fee for leads that are received through
Directory or the Finder Service. The per lead fee
varies by service and is described in the "Join
Limos.com" portion of the Site. GREATLIMO.NET
may in its sole discretion add, delete or change
any of its fees at any time. Unless otherwise stated,
all fees are quoted in U.S. dollars. Users are responsible
for paying all applicable taxes and for all software,
hardware, service and other costs a user may incur
to access the Service.
(c)
Fee Assessment: Members accrue lead fees when any
given member receives a lead received via email.
Fees are charged according to our lead fee schedule.
All members are responsible for lead targeting according
to the current functionality of the site(s) at the
given moment. GREATLIMO.NET is not responsible for
member account maintenaince or neglect of leads
which a member may feel is not appropriate to their
service, given the functionality of current site.
A lead is chargeable upon delivery to the member's
email box unless explicitly excluded in our lead
fee schedule. For territory targeting, leads are
chargeable if any given lead ENDS or EVOLVES in
a member's selected service area. Ending or evolving
is designated as a 45 mile radius from stated area.
5.
Public Reviews
Advertiser understands that his/her service can
be publically reviewed and rated by past users.
Greatlimo.net is not responsible or liable for postings
and reviews made by third parties. Advertisers who
refuse to be reviewed by their customers are in
violation of our Terms of Service and subject to
removal. Greatlimo.net utilizes verification methods
to confirm a review is true and accurate. Greatlimo.net
utilizes verification methods to confirm a review
is an actual customer of reviewed advertiser. Advertisers
are eligible to respond to any review at anytime.
6.
Use of the Service
The Service may be used only for lawful purposes.
GREATLIMO.NET 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 GREATLIMO.NET deems to be inappropriate.
6b. Internet Advertising Subscriptions
Internet Profiles are purchased as a subscription,
with a minimum advertising commitment of six months.
Following the initial six month commitment, the
subscription will continue until the Member elects
to terminate their subscription by notifying GREAT
LIMO in
writing at least thirty days in advance of the intended
termination date. Prior to the one-year anniversary
of the subscription, GREAT LIMO will notify members
of any rate adjustment that may affect their monthly
fee.
7.
Proprietary Materials
The Service contains proprietary materials such
as logos, text, software and photos. As between
GREATLIMO.NET and users, GREATLIMO.NET is the owner
or licensee of all such proprietary material and
all intellectual property rights therein, including
without limitation, copyrights and trademarks.
8.
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 Site. 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.
8b.
Artwork
Member agrees that it will provide the necessary
information to create an ad or camera-ready art
to GREAT LIMO in accordance with the instructions
of GREAT LIMO on or before the date(s) established
by GREAT LIMO as the closing date for the publication
in which the listing is to appear. There shall be
no
reduction in the amount owed to GREAT LIMO under
this agreement in the event Member fails to provide
the necessary information to create an ad or camera-ready
art before the deadline referred to above.
9.
Discussion Forum
A discussion forum (where users can comment on matters
of relevance to the limousine industry) is also
available through the Site. The comments and opinions
expressed in the discussion forum represent the
views solely of the participating users and not
of GREATLIMO.NET. We cannot confirm that those identifying
themselves are the persons they claim to be. These
comments/opinions are not reviewed or edited by
GREATLIMO.NET and in no way should such comments
or opinions be construed to be the comments or opinions
of GREATLIMO.NET . Although GREATLIMO.NET does not
routinely review or approve comments or opinions,
it reserves the right to remove specific comments
and opinions in cases where the discussion forum
is abused. GREATLIMO.NET /Greatlimo.net is a computer
service and not a publisher or distributor of information.
10.
License
Each user hereby grants to GREATLIMO.NET, 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.
11.
Links to Third Party Site
The Service may contain links to web Site operated
by parties other than GREATLIMO.NET ("Third
Party Site"). GREATLIMO.NET 's links to such
other Site does not imply any endorsement of the
products, services or material on such Third Party
Site or any association with their sponsors or operators.
GREATLIMO.NET expressly disclaims all content, services
and products available through such Third Party
Site. Linking to any other service or site from
this Service is at your own risk.
12.
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 GREATLIMO.NET (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 GREATLIMO.NET AND ITS AFFILIATES,
EMPLOYEES, AGENTS AND REPRESENTATIVES, HARMLESS
FOR ANY LOSSES, COSTS, LIABILITIES AND EXPENSES
(INCLUDING REASONABLE ATTORNEYS' FEES) AGAINST GREATLIMO.NET
ARISING OUT OF (A) ANY USE OF THE SERVICES, THIRD
PARTY SITE, 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.
13.
Disclaimer
GREATLIMO.NET DOES NOT RECOMMEND ANY SPECIFIC LIMOUSINE
COMPANY AND DOES NOT PROVIDE ADVICE ON WHICH LIMOUSINE
COMPANY TO SELECT. GREATLIMO.NET DOES NOT SELL,
SOLICIT APPLICATIONS FOR, OR WRITE CONTRACTS FOR
ANY SERVICES. GREATLIMO.NET IS NOT A BROKER ACTING
ON BEHALF OF ANY BUYER AND IS NOT AN AGENT ACTING
ON BEHALF OF ANY LIMOUSINE COMPANY.
14.
No Warranty
Each user expressly acknowledges and agrees that
its use of the Service, any services or goods obtained
or Site linked through the use of the Service, and
any data transmitted through the Service is at the
sole risk of users. GREATLIMO.NET does not provide
or make any undertaking or representation with respect
to any limousine company 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. GREATLIMO.NET does not warrant
that limousine companies are licensed or certified
to practice in any jurisdiction; nor does GREATLIMO.NET
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
obtained through the use of the Service. This paragraph
13 also applies to companies who have passed GREATLIMO.NET
's internet endorsement program. This endorsement
simply states that the particular company has presented
GREATLIMO.NET with valid evidence of internet service
readiness (not that it is properly insured or licensed
and not that GREATLIMO.NET provides any warranty
with respect to its service). THE SERVICE IS PROVIDED
"AS IS" AND WITHOUT WARRANTY OF ANY KIND
AND GREATLIMO.NET 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.
GREATLIMO.NET 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.
15.
Limitation of Liability
IN NO EVENT WILL GREATLIMO.NET 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 GREATLIMO.NET HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND
GREATLIMO.NET '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 GREATLIMO.NET 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.
15b
Liabilities
Member shall, at its sole cost and expense, indemnify,
hold harmless and defend GREAT LIMO, any other publishers,
republishers, sellers and/or distributors of the
listing provided by Member from any and all liabilities,
damages, costs, claims, and expenses (including
but not limited to attorney's fees and litigation
expenses, arising or alleged to have risen, directly
or indirectly, out of the listing published by GREAT
LIMO, regardless of whether such claim is based
on an alleged copyright and/or trademark, service
mark or trade name violation, trade libel, obscenity,
misrepresentation, misappropriation, unfair competition,
or any other violation of law.
16.
No Agency
No agency, partnership, joint venture, employee-employer
or franchiser-franchisee relationship is intended
or created between any user and GREATLIMO.NET by
the Terms.
17.
Notices
Except as explicitly stated otherwise, any notices
to GREATLIMO.NET regarding this Agreement shall
be sent to info@greatlimo.net. Any notice to a user
shall be given to the name and address submitted
at the time of registration.
18.
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 GREATLIMO.NET.
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.
19.
Waiver
No waiver of any of the Terms shall be deemed waiver
of any other such Terms set forth herein.
20.
Entire Agreement
The Terms constitute the entire agreement between
each user and GREATLIMO.NET 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.
21.
Termination
GREATLIMO.NET 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 GREATLIMO.NET . In addition, GREATLIMO.NET may
terminate membership of any member should the Terms
of Service herein be refuted expressly or implicitly.
22.
Disclosures
The Service hereunder is offered by Greatlimo.net,
555 E. Butterfield Rd., Lombard IL 60148.
23 PUBLICATION DATE: GREAT LIMO cannot guarantee
to the Member the specific date of publication.
24 LISTING: Member agrees that if for any reason
its listing does not appear when requested, its
sole remedy shall be to require GREAT LIMO, on a
date to be selected
by GREAT LIMO, to reschedule publication of the
listing at no additional cost or expense to Member.
In no event shall GREAT LIMO, or any other party
involved in
the production, distribution and/or sale of publications(s)
be liable to Member for any loss or special, consequential,
or resulting damages.
25 LISTING SPACE: GREAT LIMO reserves the right
to limit the amount of space afforded any one Member
or any category of the advertising (whether by product
line or motif) appearing in any of its publications.
26 LISTING COPY: GREAT LIMO reserves the right,
in its sole discretion, to not accept or publish
any listing provided by the Member. If GREAT LIMO
elects to not
accept or publish any listing provided by Member,
GREAT LIMO shall refund any amounts previously received
by GREAT LIMO for such listing.
27 PRINTING/PUBLICATION/DISTRIBUTION: Neither GREAT
LIMO nor any party involved in the printing, publication,
distribution or sale of the publication(s)
shall be responsible or liable for delays due to
strikes, lock-outs, embargoes, labor problems, fuel
or power shortages, fire, floods, accidents, civil
disturbances, war,
acts of God, or other causes beyond its control.
28 BREACH. OF AGREEMENT: At its sole option, GREAT
LIMO may cancel any or all of the services it has
agreed to provide under this agreement anytime If
(I)
Member, breaches any term of this agreement and
such breach is not cured to the reasonable satisfaction
of GREAT LIMO within thirty (30) days after notice
thereof is given to Member, or (II) Member fails
to pay when due any amounts owed to GREAT LIMO under
this agreement within ten (10) days after the due
date for such amounts Member agrees that it will
be difficult to ascertain the amount of actual damages
suffered by GREAT LIMO as a result of any breach
of this agreement; therefore, Member agrees to pay
GREAT LIMO an amount equal to the unpaid balance
owed to GREAT LIMO under this agreement as liquidated
damages if GREAT LIMO cancels all or any of its
services under this agreement due to Member’s
breach of this agreement.
29 LISTING REPRODUCTION: GREAT LIMO, subject to
all the limitations and exceptions set forth in
this agreement, represents and warrants to Member
that
Member listings will be reproduced in accordance
with industry standards.
30 WAIVER: A waiver by either party of any default
or breach by the other party shall not be considered
as a waiver of any subsequent default or breach
by the
other party of the same or any other provisions
of this agreement.
31 SEVERABILITY: If a court of competent jurisdiction
finds any provision of this agreement to be unenforceable,
the remainder of the agreement shall remain
enforceable.
32 GOVERNING LAW: This Agreement shall be governed
by and construed in accordance with the laws of
the State of Illinois without regard to its conflict
of laws principles.
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