PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY BEFORE USING THIS SITE
YOUR USE OF THIS SITE OR THE SERVICES CONSTITUTES AGREEMENT TO THE
TERMS AND CONDITIONS OF USE AGREEMENT SET FORTH BELOW. IF YOU DO NOT
AGREE TO THESE TERMS, DO NOT USE THIS SITE.
Acceptance of
Terms
1-800-TAXICAB, INC. (“we” or “Company”)
provides online and telephonic services, including a directory of
paid and unpaid listings of taxicab companies and other service
providers accessible from Company telephone numbers such as
1-800-TAXICAB and Company websites, including this site, and various
other services, (collectively referred to hereafter as the
“Service") subject to the following Terms and Conditions of Use
("Terms" or “Agreement”), which we may update from time to time. We
will provide notice of materially significant changes to the Terms
by posting notice on the site. You can review the most current
version of the Terms at:
http://www.1800taxicab.com/terms.htm.
By accessing and/or using the Services in any way, including by
accessing this site or dialing a Company telephone number, you are
agreeing to be bound by and to comply with this Agreement. In
addition, when using particular Company Services, you agree to abide
by any applicable posted guidelines for all Company Services, which
may change from time to time.
If you do not agree to the terms of this Agreement, you must
immediately stop use of the Services. If you remain on this site,
you agree to be bound by this Agreement.
Assumption of
Risk for Use of Content
You are fully responsible for your use of the listings, messages,
postings, text, files, phone numbers, images, photos, sounds, video,
or other materials (“Content”) found on the Service. 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inaccurate, misleading, incomplete, and/or outdated.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 (“Listed
Providers”) may or may not be advertisers paying Company to be
listed. Listed Providers may or may not be properly licensed
by applicable jurisdictions. Listed Providers in no event are
agents of Company; in no event is Company an agent of or on behalf
of any Listed Providers. Under no circumstances is Company
responsible for the activities or services of Listed Providers.
In no circumstances does Company control in any way the activities
or services of Listed Providers. Listing any Listed Provider
in the Services in any way is not under any circumstances a
recommendation or referral by Company of such Listed Providers. You
acknowledge that Company does not make any recommendations or
referrals for any Listed Providers.
Content available through the Service may contain links to other
websites which are completely independent of Company. Company makes
no representation or warranty as to the accuracy, completeness or
authenticity of the information contained in any such site. Your
linking to any other websites is at your own risk.
You agree that you must evaluate, and bear all risks associated
with, the use of any Content, that you may not rely on said Content,
and that under no circumstances will Company be liable in any way
for any Content or for any loss or damage of any kind incurred as a
result of the use of any Content posted, emailed or otherwise made
available via the Service.
Dealings with
Listed Providers, other users, and third parties
Your interactions with Listed Providers, organizations and/or
individuals found on or through the Service, 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 Listed Providers or organizations and/or
individuals. You agree that Company 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 between users and
any third party, including but not limited to Listed Providers, you
understand and agree that Company is under no obligation to become
involved. In the event that you have a dispute with one or more
other users or Listed Providers, you hereby release Company, 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."
Copyright
Notice
Copyright 1999-2005 1-800-TAXICAB, INC. All rights reserved.
Trademarks
The 1-800-TAXICAB, INC. name and logo, the 1-800-TAXICAB marks, and
all other related product and service names, design marks and
slogans, including but not limited to: “1-800-TAXICAB®,” “The
National Taxi Directory™,” and “One Number Nationwide®,” are
trademarks, service marks or registered trademarks of 1-800-TAXICAB,
INC. and may not be used in any manner without the prior written
consent of Company. All other trademarks and service marks are
trademarks of their respective owners.
Proprietary
Rights
The Service is protected to the maximum extent permitted by
copyright laws and international treaties. Content displayed on or
through the Service is protected by copyright as a collective work
and/or compilation, pursuant to copyrights laws, and international
conventions. Any reproduction, modification, creation of derivative
works from or redistribution of the site or the collective work,
and/or copying or reproducing the sites or any portion thereof to
any other server or location for further reproduction or
redistribution is prohibited without the express written consent of
Company. You further agree not to reproduce, duplicate or copy
Content from the Service without the express written consent of
Company, and agree to abide by any and all copyright notices
displayed on the Service. You may not decompile or disassemble,
reverse engineer or otherwise attempt to discover any source code
contained in the Service. Without limiting the foregoing, you agree
not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any aspect of the Service.
Links to the
Site
If you wish to use the trademark 1-800-TAXICAB and/or the
accompanying logo (“the 1-800-TAXICAB mark”) on your website
providing a link or cross-link to
www.1800taxicab.com, you may do so on the condition that 1) your
use of the 1-800-TAXICAB mark is solely for the purpose of promoting
and/or informing your website visitors of the services found at
www.1800taxicab.com; 2) you use the 1-800-TAXICAB mark only as
it appears on this site; 3) you agree the use is subject to the
control of 1-800-TAXICAB, INC., and 4) you agree that 1-800-TAXICAB,
INC. may revoke this permission at any time and for any reason, at
which time you must immediately discontinue use of the 1-800-TAXICAB
mark.
Data Mining
Prohibited
You may not use bots or similar methods or tools to "data mine" or
otherwise gather or extract from this Site.
Notification
of Claims of Infringement
All claims of copyright infringement, or other violation of
intellectual property rights, should be promptly sent in the form of
written notice to the Company’s Designated Agent for notice of
claims of copyright or other intellectual property infringement
("Agent"), at:
1-800-TAXICAB, INC.
Attn: IP AGENT
PMB 349
7040 Avenida Encinas, Ste. 104
Carlsbad, CA 92011-4654
Please provide our Agent with the following Notice:
All claims must include the following information:
1. A physical or electronic signature of a person authorized to act
on behalf of the owner of an exclusive right that is allegedly
infringed;
2. Identification of the copyrighted work claimed to have been
infringed, or if multiple copyrighted works at a single on-line site
are covered by a single notification, a representative list of such
works at that site;
3. 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 the service provider to locate the
material;
4. Information reasonably sufficient to permit the service provider
to contact the Complaining Party, such as an address, telephone
number, and if available, an electronic mail address at which the
complaining party may be contacted;
5. 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
6. 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.
Privacy Policy
We respect your privacy. Please view our
Privacy Policy. Your use of the Services signifies your
acknowledgement and agreement with the Privacy Policy.
Unauthorized
Access or Use
You agree not to attempt to gain unauthorized access to Company’s
computer systems or private subwebs or engage in any activity that
disrupts, interferes, or diminishes in any way the Services.
Use of
Information
Company grants you a limited, revocable, nonexclusive license to
access the Service for your own personal use of the Service, and not
to download (other than page caching) or modify it, or any portion
of it, or any Content made available via the Service (except, if and
when applicable, for your own Content), without the express written
consent of Company. This license does not include any collection,
aggregation, copying, duplication, display or derivative use of the
Service nor any use of data mining, robots, spiders, or similar data
gathering and extraction tools for any purpose unless expressly
permitted by Company. A limited exception is provided to general
purpose internet search engines and non-commercial public archives
that use such tools to gather information for the sole purpose of
displaying hyperlinks to the Service, provided they each do so from
a stable IP address or range of IP addresses using an easily
identifiable agent and comply with our robots.txt file. "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
Company immediately terminates said permission or license.
Control of
Service
While Company exercises no control over the services or activities
of the Listed Providers or other third parties, Company 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,
Listed Providers, or make any other changes to the Services, without
notice. Any user accounts established with Company for use in
connection with the Services may, as part of the Services, may be
discontinued or modified at any time in the sole discretion of
Company with or without notice, for any reason, including but not
limited to inactivity or violation of the Agreement. You
further agree that Company in its sole discretion has the right but
not obligation to terminate your access to or use of the Service
immediately without notice.
Limitation of
Liability
THE USER OF THIS
SITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE
AND THE SERVICES. 1-800-TAXICAB, INC. ASSUMES NO RESPONSIBILITY FOR
THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY
INFORMATION (OR OTHER CONTENT), APPARATUS, OR OTHER PROCESS
CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED
FROM THIS SITE OR THE SERVICES.
IN NO EVENT AND
UNDER NO CIRCUMSTANCES SHALL 1-800-TAXICAB, INC. BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY
DAMAGES OR ANY DAMAGES WHATSOEVER, (INCLUDING BUT NOT LIMITED TO
PROPERTY DAMAGE OR DEATH OR PERSONAL INJURY, LOSS OF USE, DATA, OR
PROFITS) ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR
PERFORMANCE OF THE SERVICES IN GENERAL OR THIS SITE IN PARTICULAR OR
SITES ACCESSIBLE BY LINKS FROM IT, (B) ANY CONTENT, INFORMATION,
MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED
THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS SITE OR THE
SERVICES (INCLUDING WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD
PARTY SITE), (C) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A
LISTED PROVIDER OR OTHER THIRD PARTY, OR ANY PRODUCTS OR SERVICES
PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER
CONTENT, INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS SITE
OR THE SERVICES, OR (D) OTHERWISE RELATING TO THE SUBJECT MATTER OF
THIS AGREEMENT; WHETHER BASED ON BREACH OF CONTRACT, NEGLIGENCE OR
OTHER TORT, OR OTHER FORM OF ACTION OR LEGAL THEORY, REGARDLESS OF
WHETHER 1-800-TAXICAB, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE.
Disclaimer of
Warranties
THE SERVICES
INCLUDING THIS SITE ARE MADE AVAILABLE TO YOU ON AN "AS IS" BASIS,
WITHOUT ANY WARRANTIES OF ANY KIND, AND WITHOUT ANY REPRESENTATIONS
OR GUARANTEES.
1-800-TAXICAB,
INC. HEREBY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND
ENDORSEMENTS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NONINFRINGEMENT.
NO ADVICE OR
INFORMATION GIVEN BY 1-800-TAXICAB, INC., OR EMPLOYEES SHALL CREATE
ANY WARRANTY.
WITHOUT LIMITING
THE GENERALITY OF THE FOREGOING, (A) 1-800-TAXICAB, INC. MAKES NO
REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE SERVICES OR THIS
SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION,
SOFTWARE OR OTHER CONTENT ACCESSIBLE FROM THE SERVICES OR THIS SITE
IS FREE OF ERRORS, INACCURACIES, OMISSIONS, VIRUSES OR OTHER HARMFUL
COMPONENTS, AND (B) 1-800-TAXICAB, INC. MAKES NO REPRESENTATIONS,
WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE
OF THE SERVICES OR THIS SITE OR ANY THIRD PARTY SITE, (2) THE
NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF
THE PASSAGE OF TIME) OF ANY INFORMATION, MATERIAL, APPARATUS OR
OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED,
DOWNLOADED OR ACCESSED FROM THE SERVICES OR THIS SITE (INCLUDING
WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY SITE), OR (3)
ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A LISTED PROVIDERS
OR A THIRD PARTY, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED
AS A RESULT OF AN ADVERTISEMENT OR OTHER CONTENT OR INFORMATION OR
MATERIAL ON OR IN CONNECTION WITH THE SERVICES OR THIS SITE.
IN THE EVENT OF
ANY CONFLICT BETWEEN THIS SECTION (DISCLAIMER OF WARRANTIES) AND
OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL
GOVERN.
COMPANY DISCLAIMS
TO THE FULLEST EXTENT POSSIBLE ANY WARRANTIES FOR SERVICES RECEIVED
FROM LISTED PROVIDERS OR RECEIVED BY OR ADVERTISED OR LISTED ON THE
SITE OR SERVICES.
Disclaimer of
Endorsement
Reference herein to any Listed 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 Company. Product and service information is the sole
responsibility of each individual vendor. Company makes NO
ENDORSEMENT of any Listed Providers or others on the Services or
Site.
Indemnity
You agree to indemnify and hold Company, its officers, subsidiaries,
affiliates, successors, assigns, directors, officers, agents,
service providers, suppliers and employees, harmless from any claim
or demand, including reasonable attorney fees and court costs, made
by any third party due to or arising out your use of the Service or
Site, of Content you use, services you receive from Listed Providers
or others advertised or listed on the Services or Site, your
violation of the Agreement, your breach of any of the
representations and warranties herein, or your violation of any
laws, regulations, or rights of another.
Changes to
This Agreement
Company reserves the right to change any of the terms of this
Agreement (including, without limitation, any terms, policies or
notices incorporated herein by reference) without prior notice. You
agree to visit this Site periodically to be aware of and review any
such changes. Changes to this Agreement will be effective upon
posting. By continuing to use the Services or this Site after
changes are posted, you accept the changes and agree to them.
Miscellaneous
You and Company agree that the substantive laws of the state of
California, without reference to its principles of conflicts of
laws, will be applied to govern, construe and enforce all of the
rights and duties of the parties arising from or relating in any way
to the subject matter of this Agreement. YOU AND COMPANY CONSENT TO
THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED
IN SAN DIEGO COUNTY, CALIFORNIA, FOR ANY SUITS OR CAUSES OF ACTION
CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER
OF THIS AGREEMENT OR TO THE SERVICES OR THE SITE. Notwithstanding
any statute of limitations, and except as otherwise required by law,
any cause of action or claim you may have with respect to the
Services or the Site must be commenced within one (1) year after the
claim or cause of action arises or such claim or cause of action is
barred.
If any portion of this Agreement is ruled invalid or otherwise
unenforceable, it shall be deemed amended in order to achieve as
closely as possible the same effect as originally drafted. Any
invalid or unenforceable portion should be construed as narrowly as
possible in order to give effect to as much of the Agreement as
possible. No waiver of any breach of any agreement or provision of
this Agreement, nor any failure to assert any right or privilege
contained in this Agreement, shall be deemed a waiver of any
preceding or succeeding breach of any agreement or provision. You
agree not to assign or otherwise transfer this Agreement in whole or
in part; any attempt to do so shall be void.
This Agreement (including all policies, notices and other terms
incorporated into this Agreement by reference) constitutes the
entire agreement between you and Company with respect to the subject
matter hereto and supersedes any and all prior or contemporaneous
agreements whether written or oral. This Agreement may be revised
only: (a) by Company as set forth in the Section of this Agreement
entitled "Changes to this Agreement", or (b) by written agreement
signed by Company’s President. Any terms varying from this Agreement
in any written, electronic or other communication from you are void.
1-800-TAXICAB, INC. (the “Company” or “we”) has established this
Privacy Policy to address how your information is collected,
protected and used. This Privacy Policy may be updated at any
time by the Company with notice of materially significant changes
posted to the site (www.1800taxicab.com).
Your Privacy
We
do not, and have never, sold or shared customer or user contact
information with third parties for the marketing of third-party
products and services. We may share necessary information with
third parties, such as shipping companies or financial gateways, to
complete an order. We may, where permitted by law, provide
information to credit bureaus, or provide information and/or sell
receivables to collection agencies, to obtain payment for our
products and services. We or one of our authorized agents may
also use personal information to market and sell our products and
services. We may disclose information, when requested, to
comply with court orders, subpoenas, or other legal process.
We will also share information when in our good faith belief such
disclosure is reasonably necessary to enforce our Terms and
Conditions of Use Agreement; respond to claims that any content
violates the rights of third parties; or protect the rights,
property, or personal safety of the Company, its users, customers,
or the general public.
Certain sections of the site may be password protected. You are
responsible for keeping your password safe.
Information We
Collect and Use
We
collect and use user, visitor, and customer information such as
name, email address, address, phone number, fax number, url and
other information if provided. We may collect your personal
information if you provide it in feedback or comments, post it in
our listings or site, or contact us directly. When you visit
our site, we may track information including the domain name and the
name of the Web page from which you entered our site, which pages
and how much time you spend on each page in our site. We may
collect the IP address (a number that is assigned to your computer
when you are using your browser for the Internet) from you when you
visit our sites, along with page URL and timestamp.
We
may employ tracking devices such as “cookies,” “Web beacons,”
“one-pixel gifs,” or “clear gifs,” for marketing purposes on our
site and to monitor the activity on our site. A cookie is a
small file that is stored on the hard drive of your computer ready
for future access when you return to our site. We may use
cookies to deliver Web content specific to you and to keep track of
your online activity on our site. We use cookies as part of the
normal functionality of our private password-only section for
registered users (for example, to identify whether a user has
logged-in or is logged-out). We may use clear gifs in emails we send
to determine which ones are opened to measure the effectiveness of
our marketing efforts. We may use third parties to act on our
behalf to collect such information on our site for our use.
For
paid customer listings, we collect all the information required for
the advertisement listing as well as to maintain the account and for
billing purposes. For example, we collect mailing and billing
address, telephone number(s), fax number, email address, url,
information about the advertiser, its services, its licensing
status, and insurance, billing related information, and other
pertinent information.
We
may send you email for marketing purposes. You may opt-out by
notifying us by email, in writing, or by calling us. In
addition, such emails contain a link to notify us not to send such
email to you in the future. Other emails are sent in direct
response to your activities at the site such as registration, your
inquiries, feedback, etc, and may not contain such an opt-out link.
Data Storage
We
attempt to archive all information in our database and posted to our
site, as well as any web logs and other records. Registered
users and customers can access and update their account information
through the Advertiser Section or by contacting us. We do not
store credit card information on our site.
Although we make a good faith effort to store any non-publicly
available personal information in a secure environment that is not
available to the public, we cannot guarantee complete security.
Feedback
We
always welcome your
feedback to this or any other aspect of
our services or site.
Consent
By
using our site, services, or providing us with personal information
or data, you consent to the transfer and use of such information and
data in accordance with this Privacy Policy.
