TERMS AND CONDITIONS OF SERVICE
Please remember, Luxer Limo™ Global Chauffeurs terms and conditions are created for the Safety of our passengers, employees, others and
equipment. By making your reservation with Luxer Limo™ Global Chauffeurs™s, you agree to be bound by the following terms and conditions:
Use of the Luxer Limo™ Global Chauffeurs™s™ Nationwide (“Luxer Limo™ Global Chauffeurs™s™”) web site at www.lgclimo.com and
www.Luxer Limo.com (collectively, the “Web Site”) and the on-line reservation services (the “Services”) provided by Luxer Limo™
CAREFULLY BEFORE USING THE WEB SITE OR THE SERVICES. BY USING THE WEB SITE OR THE SERVICES, YOU AGREE TO
EMPLOYEE, CONSULTANT OR AGENT OF SUCH BUSINESS ENTITY, BY DOING SO, SUCH INDIVIDUAL REPRESENTS THAT THEY
BOTH TO THE INDIVIDUAL ACCESSING THE WEB SITE ON BEHALF OF A BUSINESS ENTITY, IF ANY, AND ANY SUCH BUSINESS
BE EFFECTIVE ON THE DATE THEY ARE POSTED ON THE WEB SITE. USE OF THE WEB SITE AFTER SUCH CHANGES HAVE BEEN
POSTED CONSTITUTES YOUR ACCEPTANCE OF ALL SUCH CHANGES.
2. Use of the Web Site and the Services.
appear on the Web Site, and for lawful purposes. 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 Luxer Limo™ Global Chauffeurss prior written consent. Luxer Limo™
Chauffeurs 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.
3. ID Number, Password and Security.
You are responsible for maintaining the confidentiality of any user ID and/or password provided to you by Luxer Limo™
Chauffeurs™s™ 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 Luxer Limo™ Chauffeurs™s™ immediately of any unauthorized
use of your user ID and/or password or any other breach of security related to the Web Site. Luxer Limo™ Chauffeurs™s™
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.
Luxer Limo™ Chauffeurss 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 Luxer Limo™ Chauffeurs™s™, including via email.
The Services are subject to availability and all price quotes are estimates. Please refer to the
Frequently Asked Questions page for more information.
5. 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 Luxer Limo™ Global Chauffeurs International 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 Luxer Limo™ Global Chauffeurs’s
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.
6. Warranty Disclaimer.
THE WEB SITE, THE SERVICES, AND ANY INFORMATION PROVIDED THROUGH THE WEB SITE ARE PROVIDED BY
Luxer Limo™ Global Chauffeurs ON AN “AS IS” BASIS, AND NEITHER Luxer Limo™ Global Chauffeurs 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, Luxer Limo™ Global Chauffeurs 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 Luxer Limo™ Global Chauffeurs 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.
7. Limitation of Liability.
IN NO EVENT WILL Luxer Limo™ Global Chauffeurs, 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 Luxer Limo™ Global Chauffeurs
KNEW OR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Luxer Limo™ Global Chauffeurs’S AGGREGATE LIABLITY
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 Luxer Limo™ Global Chauffeurs FOR THE SPECIFIC SERVICE THAT IS THE SUBJECT
OF THE DISPUTE OR (ii) $50. 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
Luxer Limo™ Global Chauffeurs 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.
8. Communications with Luxer Limo™ Global Chauffeurs.
Any communication or material you transmit to us by email or otherwise, including any data, questions, comments, suggestions,
anything you transmit or post may be used by us for any purpose, including but not limited to, reproduction, disclosure, transmission,
publication, broadcast and posting. 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.
Luxer Limo™ Global Chauffeurs takes the privacy of you and your information very seriously. For further information about
11. Waiver; Remedies.
The failure of Luxer Limo™ Global Chauffeurs to partially or fully exercise any rights or the waiver of Luxer Limo™
Luxer Limo™ Global Chauffeurs or be deemed a waiver by Luxer Limo™ Global Chauffeurs of any subsequent breach by you
shall be cumulative, and the exercise of any such right or remedy shall not limit Luxer Limo™ Global Chauffeurss
right to exercise any other right or remedy.
12. International Access.
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.
in the State of New York in New York County in accordance with the commercial rules of the American Arbitration Association
(“AAA”) then in effect. 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 Luxer Limo™s Global Chauffeurs
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.
14. Governing Law.
YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN
YOUR ACCESS OR USE OF THE WEB SITE OR SERVICE.
15. Force Majeure.
Luxer Limo™ Global Chauffeurs 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 Luxer Limo™ Global Chauffeurs.
16. Entire Agreement.
Luxer Limo™ Global Chauffeurs on this subject matter and supersede all other negotiations, understandings, statements and
agreements between the parties.
Luxer Limo™ Global Chauffeurs is under no obligation to provide end-user technical support for the Service.