| PLEASE
CAREFULLY READ THESE TERMS AND CONDITIONS OF USE BEFORE USING
THIS SERVICE.
By the use of this site you have expressly agreed to the following
terms and conditions. If you do not agree with any part of the
following terms and conditions, you must not use this site.
1. COPYRIGHT DISCLOSURE.
1st Classic Limousine Service holds full copyright on material contained
within this web site. Unlawful duplication or distribution of
any material taken from this web site without consent from a representative
of 1st Classic Limousine Service is prohibited. Nothing contained on this
site should be construed as granting, by implication, estoppels,
or otherwise, any license or right to use any of the Trademarks
without the written permission of 1st Classic Limousine Service or such
other party that may own the Trademarks.
2. SERVICE CHANGE & CANCELLATIONS.
Changes and cancellations can be made within 5 hours for Airport
Pickup and 12 hours for Hourly charter by contacting 1st Classic Limousine
Service at 1-800-658-5679. A full fare, including a 20% standard gratuity, will be billed if a cancellation occurs
less than time specified, before the scheduled pick up time or
flight arrival. A full fare, including a 20% standard gratuity, will
be billed if the passenger fails to be at the designated pickup
location (No-show). If for any reason, you could not locate the
chauffeur call 1st Classic Limousine Service at 1-800-658-5679.
To avoid being billed as a no-show, do not leave your location
without communicating with 1st Classic Limousine Service. 1st
Classic Limousine Service is not responsible for service delayed or not rendered
due to Mother Nature or circumstances beyond our control. 1st
Classic Limousine Service does not guarantee vehicle availability or price
for reservation changes.
3. PRIVACY.
You have read the 1st Classic Limousine Service Privacy Policy, the terms
of which are incorporated herein, and agree that the terms of
such policy are reasonable. You consent to the use of your personal
information by 1st Classic Limousine Service and/or its third party providers
and distributors in accordance with the terms of and for the purposes
set forth in the 1st Classic Limousine Service Privacy Policy.
4. DISCLAIMER OF WARRANTY
YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN AS
IS AND AS AVAILABLE BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS
SERVICE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, 1st
CLASSIC LIMOUSINE SERVICE AND ITS AFFILIATES DO NOT GUARANTEE SERVICE.
WE DISCLAIM WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT
LIMITING THE FOREGOING, NEITHER 1st CLASSIC LIMOUSINE SERVICE NOR ANY OF
ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, LICENSORS,
EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (i) THAT THE
SERVICE, INCLUDING ITS CONTENT, WILL MEET YOUR REQUIREMENTS OR
BE ACCURATE, COMPLETE, RELIABLE, OR ERROR FREE; (ii) THAT THE
SERVICE WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE,
TIMELY, OR SECURE; (iii) THAT ANY DEFECTS WILL BE CORRECTED, OR
THAT THE SERVICE WILL BE FREE FROM VIRUSES, WORMS, TROJAN HORSES
OR OTHER HARMFUL PROPERTIES; (iv) THE ACCURACY, RELIABILITY, TIMELINESS,
OR COMPLETENESS OF ANY REVIEW, RECOMMENDATION, OR OTHER MATERIAL
PUBLISHED OR ACCESSIBLE ON OR THROUGH THE SERVICE OR THE SITE;
(v) THE AVAILABILITY FOR SALE, OR THE RELIABILITY OR QUALITY OF
ANY PRODUCTS DISCUSSED, REVIEWED BY USERS OR REFERENCED USING
THE SERVICE; (vi) ANY IMPLIED WARRANTY ARISING FROM COURSE OF
DEALING OR USAGE OF TRADE; AND (vii) THAT THE SERVICE IS NON-INFRINGING.
1st CLASSIC LIMOUSINE SERVICE AND ITS AFFILIATES HEREBY DISCLAIM, AND YOU
HEREBY WAIVE AND RELEASE 5 STARS LIMO SERVICE AND ITS AFFILIATES
FROM, ANY AND OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES
IN TORT ARISING OUT OR IN CONNECTION WITH THIS AGREEMENT, THE
SERVICE OR THE SOFTWARE, WHETHER OR NOT ARISING FROM THE NEGLIGENCE
(ACTIVE, PASSIVE OR IMPUTED) OF 1st CLASSIC LIMOUSINE SERVICE OR ITS AFFILIATES.
IF YOU PURCHASE A PRODUCT OR SERVICE REVIEWED BY ANOTHER USER
OF THE SERVICE OR OTHERWISE AS A RESULT OF USING THE SERVICE OR
ANY REVIEW, AND A DISPUTE ARISES BETWEEN YOU AND THE SELLER, YOU
RELEASE 1st CLASSIC LIMOUSINE SERVICE AND ITS AFFILIATES, AND ANY OF ITS
OR THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES,
FROM ANY 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.
YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION OR OTHER CONTENT
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE
OTHER LEGAL RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
5. LIMITATION OF LIABILITY
IN NO EVENT SHALL 1st CLASSIC LIMOUSINE SERVICE OR ANY OF THEIR AFFILIATES,
OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES,
INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES
(REGARDLESS OF THE FORM OF ACTION) ARISING OUT OF (i) USE OF THE
SERVICE BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE
CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS
OR OMISSIONS IN, ANY INFORMATION AND CONTENT ACCESSED OVER THE
SERVICE, (ii) ANY USE OR INABILITY TO USE THE SERVICE FOR WHATEVER
REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR
ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION
ACCESSED THROUGH THE SERVICE, OR (iii) ANY GOODS OR SERVICE DISCUSSED,
PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH THE SERVICE,
IN EACH CASE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT OWN THESE LIMITATIONS OR EXCLUSIONS
SO THEY MAY NOT APPLY TO YOU.
6. APPLICABLE LAW; JURISDICTION AND VENUE
This Agreement shall be governed by and construed in accordance
with the laws of the State of California and the Federal Arbitration
Act, without giving effect to any principles of conflicts of laws,
and you hereby consent to the exclusive jurisdiction of the state
and federal courts sitting in Alameda County, California.
7. ARBITRATION
You and 1st Classic Limousine Service agreed that any and disputes and claims
relating in any way to this Agreement (including the arbitration
of any claim or dispute and the enforceability of this paragraph),
with the exception set forth in the next paragraph, shall be submitted
to and resolved by means of confidential arbitration conducted
in the State of California, Alameda County. If you and 1st
Classic Limousine Service cannot agree on arbitrators, the Presiding Judge
of the Alameda County Superior Court shall appoint them. The arbitration
shall be conducted under the then prevailing Commercial Arbitration
Rules of the American Arbitration Association (AAA). You and 1st
Classic Limousine Service Internet may litigate in court only to compel
arbitration under this Agreement or to confirm, modify, vacate
or enter judgment on the award rendered by the arbitrators. The
arbitrator's award shall be binding and may be entered as a judgment
in any court of competent jurisdiction. The United Nations Convention
of Contracts for the International Sale of Goods, the application
of which is hereby excluded, will not govern this Agreement. To
the fullest extent permitted by applicable law, no arbitration
under this Agreement shall be joined to an arbitration involving
any other current or former user of the Service, whether through
class arbitration proceedings or otherwise.
However, to the extent you have in any manner violated or threatened
to violate 1st Classic Limousine Service intellectual property rights,
1st Classic Limousine Service may seek injunctive or other appropriate
relief in any state or federal court in the State of California,
and you consent to exclusive jurisdiction and venue in such courts.
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