Terms

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE

By using the LimoUSA website (the “Site”), you agree to follow and be bound by these terms of use (the “Terms of Use”) and agree to comply with all applicable laws and regulations. In these Terms of Use, the words “you” and “your” refer to each customer or Site visitor, “we”, us” and “our” refer to LimoUSA and “Services” refers to all services provided by us.

It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site. We may revise these Terms of Use at any time without notice to you. If you have any questions about these Terms of Use, please contact our Customer Care Center.

YOU AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

LimoUSA.org provides an online portal to give visitors the ability to shop for competitively priced limousine type services.

1. Privacy Policy. LimoUSA respects your privacy and permits you to control the treatment of your personal information. However, when you open an account to use or access certain portions of the Site or the Services, you must provide complete and accurate information as requested on the registration form. You may also be asked to provide a user name and password. You are entirely responsible for the maintaining the confidentiality of your password. You may not use a third party’s account, user name or password at any time. You agree to notify LimoUSA immediately of any unauthorized use of your account, user name or password. LimoUSA shall not be liable for any losses you incur as a result of someone else’s use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by LimoUSA, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account or password.

In connection with the use of certain LimoUSA products or services, you may be asked to provide personal information in a questionnaire, application, form or similar document or service. This information will be protected pursuant to our Privacy Policy. In addition, you grant LimoUSA a worldwide, royalty-free, nonexclusive, and fully sublicensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the applicable service. You may revoke this license and terminate LimoUSA’s rights at any time by removing your personal information from the applicable service.

2. Ownership. This Site is owned and operated by LimoUSA.org, All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned by LimoUSA. Except as otherwise expressly provided by LimoUSA, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of LimoUSA’s intellectual property rights, whether by estoppel, implication or otherwise. See the “Legal Contact Information” below if you have any questions about obtaining such licenses. LimoUSA does not sell, license, lease or otherwise provide any of the services offered on the Site, other than providing the identity of third party vendors who may be able to provide limousine type services. Any rights not expressly granted herein are reserved by LimoUSA.

3. Links to Third Party Sites. This Site may contain links to websites controlled by parties other than LimoUSA (each a “Third Party Site”). LimoUSA works with a number of partners and affiliates whose sites are linked with LimoUSA. LimoUSA is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. LimoUSA makes no guarantees about the content or quality of the products or services provided by such sites. LimoUSA is not responsible for webcasting or any other form of transmission received from any Third Party Site. LimoUSA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by LimoUSA of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that LimoUSA is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site. Regardless of how you came to visit the website of LimoUSA, whether by or through a Third Party Site or any other manner or method, the terms and conditions set forth herein as well as any other such disclaimers, disclosures, contracts, and/or agreements as involving your usage or involvement with LimoUSA shall be fully binding on You.

4. Rights and Responsibilities of LimoUSA Users.
You are legally and ethically responsible for any User Content – writings, files, pictures or any other work – that you post or transmit using any LimoUSA service that allows interaction or dissemination of information. In posting User Content, you agree that you shall not submit any content:

(i) that is known by you to be false, inaccurate or misleading;
(ii) that infringes anyone’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
(iii) that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising).
(iv) that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing, or advocates or encourages illegal conduct harmful to any individual, partnership or corporation.
(v) that includes advertisements, spam, or content for which you were compensated or granted any consideration by any third party;
(vi) that includes information that references other websites, addresses, email addresses, phone numbers, or other contact information;
(vii) that contains any computer virus, worms, or other potentially damaging computer programs or files;
(viii) that otherwise violates these Terms of Use.
You are not required to provide your real name when signing up as a user of LimoUSA.LimoUSA permits anonymous or pseudonymous accounts. Ratings and reviews will generally be posted in two to four business days.
By submitting your email address in connection with your rating and review, you agree that LimoUSA may use your email address to contact you about the status of your review and other administrative purposes.
5. NO WARRANTY. LimoUSA DOES NOT PROVIDE TRANSPORTATION SERVICES, AND LimoUSA IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE AFFILIATE, THIRD PARTY TRANSPORTATION PROVIDER, DRIVER OR VEHICLE OPERATOR TO OFFER TRANSPORTATION SERVICES WHICH MAY BE SCHEDULED THROUGH USE OF THE SERVICE. LimoUSA OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH THIRD PARTY TRANSPORTATION SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION CARRIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES.THE LIMOUSINE REFERRAL SERVICES PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, LimoUSA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

CONTRACTING FOR SUCH LIMOUSINE SERVICES IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. LimoUSA SHALL HAVE NO RESPONSIBILITY FOR ANY LOSS, INJURY, DAMAGE, FINES, PENALTIES, COMPENSATION OR OTHER AMOUNTS THAT RESULT THE LIMOUSINE SERVICES CONTRACTED FOR BY YOU THROUGH THIS SITE. PICTURES, DEPICTIONS, OR PHOTOGRAPHS ON THE WEBSITE OR ANY OTHER ADVERTISEMENT OR OTHER SUCH MATERIALS OF ANY PARTICULAR VEHICLE, LIMOUSINE OR OTHERWISE, ARE NOT NECESSARILY REPRESENTATIVE OF THE TYPE, MAKE, MODEL, CAPACITY, UTILITY, COLOR, OR QUALITY OF ANY SUCH VEHICLES WHICH MAY BE PROVIDED OR UTILIZED BY LimoUSA OR ANY OF LimoUSA’S AFFILIATES OR ASSOCIATED LIMOUSINE COMPANIES.

6. PRICING. Due to the variation of availability which may be limited on holidays, certain times of year, including prom schedules, and other factors affecting pricing LimoUSA does not guaranty any quotes referenced online, advertised, nor appearing on any LimoUSA website or other offering until such reservation is fully confirmed by LimoUSA, and/or any of its affiliates. Any quotes stated therein are based upon low peek season and the non-existence of factors affecting the final price for such limousine services and should not be relied upon for any purpose. No pricing or quotes that appear on the LimoUSA website. From any of LimoUSA’s affiliates or any other party are guaranteed nor available necessarily as such prices or quotes referenced therein are merely a representation of prior quotes for other limousine services rendered and may not have close relation to the pricing for the limousine services you seek the day you seek to utilize such services, or the nature of the services you require. Further, if your final drop off is not in the same vicinity as your initial pick up additional charges may apply.

7. LIMITATION OF LIABILITY. IN NO EVENT SHALL LimoUSA, OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE AND/OR THE LIMOUSINE SERVICES CONTRACTED FOR BY YOU. YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. FURTHER, EXCEPT AS PERMITTED BY LAW. ANY AND ALL APPROPRIATE INQUIRIES CONCERNING DRIVERS OR OTHER LIMOUSINE PERSONNEL SHOULD BE DIRECTED TO THE LIMOUSINE COMPANY PROVIDING OR HAVING PROVIDED THE LIMOUSINE SERVICES AND NOT LimoUSA. LimoUSA IS NOT RESPONSIBLE FOR THE PROCESSING OR PROVIDING OF ANY REFUNDS IN ANY AMOUNT REGARDLESS OF THE SITUATION OF CIRCUMSTANCE. ANY CLAIMS FOR REFUNDS, WHETHER PARTIAL OR IN FULL, MUST BE MADE DIRECTLY TO THE LIMOUSINE COMPANY PROVIDING OR HAVING PROVIDED THE LIMOUSINE SERVICES AND NOT LimoUSA.

8. NON-REFUNDABLE DEPOSIT AND INFORMATION. LimoUSA REFUND POLICY DUE TO NON-SERVICE. THE LIMOUSINE REFERRAL SERVICES PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW. LimoUSA WILL ONLY PROCESS OR PROVIDE REFUNDS IF LimoUSA IS UNABLE TO SECURE A LIMOUSINE FOR YOU, OR THE LIMOUSINE COMPLETELY FAILS TO APPEAR WITHIN ONE HOUR OF THE RESERVATION TIME AND LOCATION DESIGNATED IN YOUR ORDER AND YOU DO NOT RECEIVE ANY LIMOUSINE SERVICES WHATSOEVER DUE TO EITHER OF THE ABOVE SCENARIOS THEN LimoUSA WILL PROVIDE YOU WITH A REFUND OF ANY AND ALL DEPOSITS PAID BY YOU. IN NO EVENT SHALL LimoUSA, OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE AND/OR THE LIMOUSINE SERVICES CONTRACTED FOR BY YOU. YOU ASSUME ANY COSTS THEREOF. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE DEPOSITS PAID TO LimoUSA ARE MERELY BOOKING FEES AND NOT LIMOUSINE SERVICE FEES AND TO THE EXTENT LimoUSA IS OBLIGATED TO REFUND ANY PORTION OF THE DEPOSITS MADE, SUCH REFUND IS LIMITED TO SUCH DEPOSITS/BOOKING FEES ACTUALLY COLLECTED BY LimoUSA SUBJECT TO THE TERMS AND CONDITIONS SET FORTH HEREIN. ANY SUCH CREDIT MUST BE USED TOWARDS A BOOKING WITH LimoUSA FOR A LIMOUSINE OF EQUAL OR GREATER PRICING THAN THE ORIGINAL BOOKING MEANING NO MONIES WILL BE RETURNRED TO YOU NOR ARE YOU ENTITLED TO CREDITS FOR MORE THAN ONE FUTURE BOOKING. THE ACCEPTANCE OF ANY SUCH CREDIT SHALL BE DEEMED A FULL AND FINAL SATISFACTION OF ALL CLAIMS MADE BY YOU AND/OR OBLIGATIONS TO REFUND ANY MONIES TO YOU IN FAVOR OF LimoUSA.

9. LimoUSA REFUND POLICY DUE TO INADEQUATE SERVICE. ANY REQUESTS OR DEMANDS FOR REFUNDS IN PART OR IN WHOLE AS A RESULT OF ALLEGED DEFICIENCIES IN THE QUALITY OF THE LIMOUSINE SERVICES RENDERED MUST BE MADE AND WILL ONLY BE PROCESSED BY THE LIMOUSINE AFFILIATE COMPANY PROVIDING THE ACTUAL LIMOUSINE SERVICE AND NOT LimoUSA. NOTWITHSTANDING SAME, LimoUSA RESERVES THE RIGHT TO OFFER AND/OR PROVIDE A CREDIT TOWARDS A FUTURE LIMOUSINE RESERVATION AND ORDER FOR ANY DEFICIENT LIMOUSINE SERVICES WHICH SHALL NOT CONSTITUTE AN ADMISSION OR ACKNOWLEDGMENT OF THE QUALITY OR APPROPRIATENESS OF THE SERVICES RENDERED BY THE AFFILIATE LIMOUSINE COMPANY. SUCH CREDIT, TO THE EXTENT OFFERED AND AGREED UPON IN WRITING BY LimoUSA SHALL BE LIMITED TO THE AMOUNT OF DEPOSITS PAID BY YOU. ANY SUCH CREDIT MUST BE USED TOWARDS A BOOKING WITH LimoUSA FOR A LIMOUSINE OF EQUAL OR GREATER PRICING THAN THE ORIGINAL BOOKING MEANING NO MONIES WILL BE RETURNRED TO YOU NOR ARE YOU ENTITLED TO CREDITS FOR MORE THAN ONE FUTURE BOOKING. THE BALANCE OF ANY SUCH CREDIT CLAIMED BY YOU FOR DEFICIENT SERVICES MUST BE SOUGHT FROM THE AFFILIATE LIMOUSINE COMPANY SCHEDULED TO PROVIDE THE SERVICES FOR YOU. THE ACCEPTANCE OF ANY SUCH CREDIT SHALL BE DEEMED A FULL AND FINAL SATISFACTION OF ALL CLAIMS MADE BY YOU AND/OR OBLIGATIONS TO REFUND ANY MONIES TO YOU IN FAVOR OF LimoUSA. LimoUSA MAKES NO WARRANTY THAT: (A) THE LIMOUSINE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE LIMOUSINE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE LIMOUSINE SERVICES WILL BE ADQUATE OR RELIABLE; (D) AS TO THE STATUS OF ANY OF LimoUSA’S AFFILIATES OR ASSOCIATED LIMOUSINE COMPANIES’ LICENSES, PERMITS, DRIVING HISTORY, SAFETY PRECAUTIONARY PROCEDURES, QUALITY OF DRIVERS EMPLOYED OR ANY OTHER ASPECT OF LimoUSA’S AFFILIATES OR ASSOCIATED LIMOUSINE COMPANIES (E) THE QUALITY OF ANY THE LIMOUSINE SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE SITE; (F) THE QUALITY AND/OR DRIVING RECORD OF THE DRIVER(S) UTILIZED BY THE COMPANY FURNISHING THE LIMOUSINE SERVICES OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS. LimoUSA MAKES NO REPRESENTATIONS AND DISCLAIMS ANY AND ALL WARRANTIES RELATED TO THE DISTRIBUTION AND DIVISION OF MONIES PAID FOR BY YOU OR OTHER PERSONS/ENTITIES FOR LIMOUSINE SERVICES INCLUDING WITHOUT LIMITATION ANY REPRESENTATION OR WARRANTY THAT GRATUITY PAYMENTS AND/OR TIPS, AS MAY BE QUOTED, STATED OR PAID FOR SHALL ACTUALLY BE DISBURSED TO ANY DRIVER, PERSON, COMPANY, OR THIRD PARTY REGARDLESS OF ANY SUCH DESIGNATION OR STATEMENT TO SUCH EFFECT ANYWHERE WITHIN THE MATERIALS, WEBSITE, OR DOCUMENTATION AS INVOLVING LimoUSA OR ANY OF LimoUSA’S AFFILIATES OR ASSOCIATED LIMOUSINE COMPANIES.CONTRACTING FOR SUCH LIMOUSINE SERVICES IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. LimoUSA SHALL HAVE NO RESPONSIBILITY FOR ANY LOSS, INJURY, DAMAGE, FINES, PENALTIES, COMPENSATION OR OTHER AMOUNTS THAT RESULT THE LIMOUSINE SERVICES CONTRACTED FOR BY YOU THROUGH THIS SITE. PICTURES, DEPICTIONS, OR PHOTOGRAPHS ON THE WEBSITE OR ANY OTHER ADVERTISEMENT OR OTHER SUCH MATERIALS OF ANY PARTICULAR VEHICLE, LIMOUSINE OR OTHERWISE, ARE NOT NECESSARILY REPRESENTATIVE OF THE TYPE, MAKE, MODEL, CAPACITY, UTILITY, COLOR, OR QUALITY OF ANY SUCH VEHICLES WHICH MAY BE PROVIDED OR UTILIZED BY LimoUSA OR ANY OF LimoUSA’S AFFILIATES OR ASSOCIATED LIMOUSINE COMPANIES. Further, you acknowledge and agree that all information provided to LimoUSA may be provided by LimoUSA to any such affiliate or other such limousine company associated with LimoUSA of whom it is intended will provide the limousine services to you. Such information includes, but is not limited to, your credit card number and other such information which by supplying to LimoUSA automatically authorizes any such affiliate and/or other limousine company to utilize for all charging and billing purposes.

10. Indemnification. You agree to defend, indemnify and hold harmless LimoUSA, our officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Site and the Materials as well as the limousine services contracted by you through this Site.

11. Unsolicited Submissions. Except as may be required in connection with your use of LimoUSA Services, LimoUSA does not want you to submit confidential or proprietary information to us through this Site. All comments, feedback, information or material submitted to LimoUSA through or in association with this Site shall be considered non-confidential and LimoUSA’s property.

12. Compliance with Intellectual Property Laws. When accessing LimoUSA you agree to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your LimoUSA user account.

15. Trademarks. LimoUSA and LimoUSA.org, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of LimoUSA. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

16. Inquiries. BY USING LimoUSA’S SERVICES OR ACCESSING THE LimoUSA SITE, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO LimoUSA VIA THE LimoUSA SITE CONSTITUTES AN INQUIRY TO LimoUSA, AND THAT LimoUSA AND/OR ANY OTHER LIMOUSINE SERVICE ASSOCIATED WITH LimoUSA MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).

17. Acknowledgement. BY USING LimoUSA’S SERVICES OR ACCESSING THE LimoUSA SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

18. General Practices Regarding Use and Storage. You acknowledge that LimoUSA may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that data, schedules, calendars, or other uploaded content will be retained by LimoUSA, the maximum number of messages that may be sent from or received, the maximum size of any message that may be sent from or received by an account, the maximum disk space that will be allotted on LimoUSA’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. You agree that LimoUSA has no responsibility or liability for the deletion or failure to store any messages, other communications, or other content maintained or transmitted by the LimoUSA.

19. ARBITRATION. Except for money you owe LimoUSA, our affiliates, designated sources or approved suppliers and except for controversies, disputes or claims related to or based on your use of the Marks after the expiration or termination of this Agreement, all controversies, disputes or claims between LimoUSA and our shareholders, officers, directors, agents and employees and you (your owners, guarantors, affiliates and employees, if applicable) arising out of or related to:
19.1. This Agreement or any other agreement between you and LimoUSA or any provision of any such agreement; our relationship with you; the validity of this Agreement or any other agreement between you and LimoUSA or any provisions of any such agreement; will be submitted for arbitration to the office of the American Arbitration Association in Palm Beach County, Florida or such nearest location. Such arbitration proceedings will be conducted in such office, except as otherwise provided in this agreement, and will be heard by one arbitrator in accordance with the then current commercial arbitration rules of the American Arbitration Association. All matters relating to arbitration will be governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et. seq.) and not by any state arbitration law.
19.2 The arbitrator will have the right to award or include in his award any relief which he deems proper in the circumstances, including, without limitation, money damages (with interest on unpaid amounts from the date due), specific performance, injunctive relief and attorney’s fees and costs, provided that the arbitrator will not have the right to declare any Marks generic or otherwise invalid or, except as otherwise provided, to award exemplary or punitive damages. The award and decision of the arbitrator will be conclusive and binding upon all parties hereto, and judgment upon the award may be entered in any court of competent jurisdiction.
19.3 LimoUSA and you agree to be bound by the provisions of any limitation on the period of time in which claims must be brought under applicable law or this Agreement, whichever expires earlier. LimoUSA and you further agree that, in connection with any such arbitration proceeding, each must submit or file any claim which would constitute a compulsory counterclaim (as defined by Rule 13 of the Federal Rules of Procedure) within the same proceeding as the claim to which it relates. Any such claim which is not submitted or filed as described above will be forever barred.
19.4 CLASS ACTION WAIVER: Arbitration shall proceed solely on an individual basis without the right for any Claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to Claims between you and LimoUSA alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these Terms and Conditions (including the “Continuation” provision below), and without waiving either party’s right of appeal, if any portion of this “Class Action Waiver and Other Restrictions” provision is deemed invalid or unenforceable, then the entire Arbitration Provision (other than this sentence) shall not apply. LimoUSA and you agree that an arbitration proceeding between LimoUSA and our shareholders, officers, directors, agents and employees and you (and/or your owners, guarantors, affiliates and employees, if applicable) may not be consolidated with any other arbitration proceeding between LimoUSA and any other person, corporation or partnership.

19.5 Notwithstanding anything to the contrary contained in this Article, LimoUSA and you each have the right in a proper case to obtain temporary restraining orders and temporary or preliminary injunctive relief from a court of competent jurisdiction; provided, however, that LimoUSA and you must contemporaneously submit our dispute for arbitration on the merits as provided herein.
19.6 The provisions of this Article are intended to benefit and bind certain of your third party non-signatories and will continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
20. GOVERNING LAW. All matters relating to arbitration will be governed by the FEDERAL ARBITRATION ACT (9 U.S.C. 1 et. seq.). Except to the extent governed by the Federal Arbitration Act as required hereby, the UNITED STATES TRADEMARK ACT OF 1946 (LANHAM ACT, 15 U.S.C. 1051 et. seq.) or other federal law, this Agreement, and all claims arising from the relationship between LimoUSA and you will be governed by the laws of the State of Arizona, without regard to its conflict of laws principles, except that any law regulating the sale of franchises or governing the relationship of a franchisor and its franchisee will not apply unless jurisdictional requirements are met independently without reference to this Article.

22. WAIVER OF PUNITIVE DAMAGES AND JURY TRIAL. Except with respect to your obligation to indemnify LimoUSA, in the Agreement, hereof and claims LimoUSA bring against you for your unauthorized use of the Marks or unauthorized use or disclosure of any confidential information, LimoUSA and you and your respective owners waive to the fullest extent permitted by law any right to or claim for any punitive or exemplary damages against the other and agree that, in the event of a dispute between LimoUSA, the party making a claim will be limited to equitable relief and to recovery of any actual damages it sustains. LimoUSA and you irrevocably waive trial by jury in any action, proceeding or counterclaim, whether at law or in equity, brought by either of LimoUSA.
23. We partner with a third party ad network to either display advertising on our Web site or to manage our advertising on other sites. Our ad network partner uses cookies and Web beacons to collect non-personally identifiable information about your activities on this and other Web sites to provide you targeted advertising based upon your interests. If you wish to not have this information used for the purpose of serving you targeted ads, you may opt-out by clicking here (Link to TRUSTe global opt-out: http://preferences.truste.com/). Please note this does not opt you out of being served advertising. You will continue to receive generic ads.

LimoUSA TERMS OF SERVICE

We do not take measures to examine the credentials of our affiliate companies, we make no guarantees or representations regarding the skills or representations of such transportation service or the quality of the service that he or she may perform for you if you elect to hire their services. We do not endorse or recommend the services of any particular company. The transportation companies are not employees or agents of ours, nor are we an agent of the companies. We do not perform, and is not responsible for, any of the services requested by you in your service request. Your rights with affiliate companies are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. Should you have a dispute with any LIMOUSINE company, you must address such dispute with the affiliate company directly.

YOU HEREBY AGREE TO RELEASE 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 AFFILIATE COMPANIES. LimoUSA WILL IN NO WAY BE HELD LIABLE FOR ANY INJURIES OR CLAIMS THAT MAY ARISE FROM ANY OCCURRENCE THAT MAY HAPPEN WHILE DEALING WITH THE AFFILIATE SERVICES.THE AFFILIATE SERVICE IS SOLELY LIABLE FOR ANY AND ALL CLAIMS.

SATISFACTION PROCESS: While we cannot guarantee the work performed by an affiliate company, and while we have no obligation to you with regard to your relationship with a company, 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 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 an affiliate 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.

1. ALL DEPOSITS ARE NON REFUNDABLE. Cancellations must be done via certified letter to LimoUSA 14 days prior to your rental. If you want to cancel your contract, and there are less than 14 Days until your rental, you will be responsible to pay the total contract price which will be charged to the credit card on file. If there are more than 14 days until your rental you can cancel and pay only the deposits that have already been paid as per the terms of this contract. Any and all deposits are non refundable. The day you reserve the LIMOUSINE does not matter, meaning if you book the LIMOUSINE with only 6 days until your event there are no cancellations without being billed the total contract price. All deposits are non-refundable.

2. For your security and to help prevent credit card fraud, a copy of your credit card may be required – emailed or faxed to us.

3. No one under age 21 is permitted to consume alcohol. Violation will result in early termination of service-no refunds.

4. No smoking in the vehicles. Violation will result in a $100 fine per incident. No exceptions.

5. There will be a $150 cleaning surcharge for vomit incidents.

6. All tolls and parking fees are in addition to the contract price and must be paid separately.

7. Persons who are unruly or disruptive or conduct illegal activities will be removed from the vehicles at the discretion of the driver and no refunds will be issued.

8. We are not responsible for lost, damaged, or stolen property.

9. No illegal drug usage. Violation will result in early termination with no refunds.

10. Overtime will be billed in half hour increments. By agreeing to service with LimoUSA the customer is agreeing to pay for overtime accrued. Half hour rate is determined by the hourly rate divided in half.

11. LimoUSA may allow for an upgrade based on availability, schedule, and other factors. This decision is only available if agreed upon by LimoUSA.org. LimoUSA does not guarantee that upgrades will be available, but will make every effort to fulfill your request. Downgrades are not allowed.

12. In certain states there is a sales tax charge. Sales tax is not included in the rental prices online.

13. If your final drop off is not in the same vicinity as your initial pick up additional charges may apply.

14.In Case of Severe Weather and a cancellation on the part of the Affiliate company, the Non refundable Deposits, can be used as Credit when renting a limo of Equal or Greater Value.

15. LimoUSA REFUND POLICY DUE TO NON-SERVICE. THE LIMOUSINE REFERRAL SERVICES PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW. LimoUSA WILL ONLY PROCESS OR PROVIDE REFUNDS IF LimoUSA IS UNABLE TO SECURE A LIMOUSINE FOR YOU, OR THE LIMOUSINE COMPLETELY FAILS TO APPEAR WITHIN ONE HOUR OF THE RESERVATION TIME AND LOCATION DESIGNATED IN YOUR ORDER AND YOU DO NOT RECEIVE ANY LIMOUSINE SERVICES WHATSOEVER DUE TO EITHER OF THE ABOVE SCENARIOS THEN LimoUSA WILL PROVIDE YOU WITH A REFUND OF ANY AND ALL DEPOSITS PAID BY YOU. IN NO EVENT SHALL LimoUSA, OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE AND/OR THE LIMOUSINE SERVICES CONTRACTED FOR BY YOU. YOU ASSUME ANY COSTS THEREOF. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE DEPOSITS PAID TO LimoUSA ARE MERELY BOOKING FEES AND NOT LIMOUSINE SERVICE FEES AND TO THE EXTENT LimoUSA IS OBLIGATED TO REFUND ANY PORTION OF THE DEPOSITS MADE, SUCH REFUND IS LIMITED TO SUCH DEPOSITS/BOOKING FEES ACTUALLY COLLECTED BY LimoUSA SUBJECT TO THE TERMS AND CONDITIONS SET FORTH HEREIN. ANY SUCH CREDIT MUST BE USED TOWARDS A BOOKING WITH LimoUSA FOR A LIMOUSINE OF EQUAL OR GREATER PRICING THAN THE ORIGINAL BOOKING MEANING NO MONIES WILL BE RETURNED TO YOU NOR ARE YOU ENTITLED TO CREDITS FOR MORE THAN ONE FUTURE BOOKING. THE ACCEPTANCE OF ANY SUCH CREDIT SHALL BE DEEMED A FULL AND FINAL SATISFACTION OF ALL CLAIMS MADE BY YOU AND/OR OBLIGATIONS TO REFUND ANY MONIES TO YOU IN FAVOR OF LimoUSA.

16. LimoUSA REFUND POLICY DUE TO INADEQUATE SERVICE. ANY REQUESTS OR DEMANDS FOR REFUNDS IN PART OR IN WHOLE AS A RESULT OF ALLEGED DEFICIENCIES IN THE QUALITY OF THE LIMOUSINE SERVICES RENDERED MUST BE MADE AND WILL ONLY BE PROCESSED BY THE LIMOUSINE AFFILIATE COMPANY PROVIDING THE ACTUAL LIMOUSINE SERVICE AND NOT LimoUSA. NOTWITHSTANDING SAME, LimoUSA RESERVES THE RIGHT TO OFFER AND/OR PROVIDE A CREDIT TOWARDS A FUTURE LIMOUSINE RESERVATION AND ORDER FOR ANY DEFICIENT LIMOUSINE SERVICES WHICH SHALL NOT CONSTITUTE AN ADMISSION OR ACKNOWLEDGMENT OF THE QUALITY OR APPROPRIATENESS OF THE SERVICES RENDERED BY THE AFFILIATE LIMOUSINE COMPANY. SUCH CREDIT, TO THE EXTENT OFFERED AND AGREED UPON IN WRITING BY LimoUSA SHALL BE LIMITED TO THE AMOUNT OF DEPOSITS PAID BY YOU. ANY SUCH CREDIT MUST BE USED TOWARDS A BOOKING WITH LimoUSA FOR A LIMOUSINE OF EQUAL OR GREATER PRICING THAN THE ORIGINAL BOOKING MEANING NO MONIES WILL BE RETURNED TO YOU NOR ARE YOU ENTITLED TO CREDITS FOR MORE THAN ONE FUTURE BOOKING. THE BALANCE OF ANY SUCH CREDIT CLAIMED BY YOU FOR DEFICIENT SERVICES MUST BE SOUGHT FROM THE AFFILIATE LIMOUSINE COMPANY SCHEDULED TO PROVIDE THE SERVICES FOR YOU. THE ACCEPTANCE OF ANY SUCH CREDIT SHALL BE DEEMED A FULL AND FINAL SATISFACTION OF ALL CLAIMS MADE BY YOU AND/OR OBLIGATIONS TO REFUND ANY MONIES TO YOU IN FAVOR OF LimoUSA. LimoUSA DOES NOT PROVIDE TRANSPORTATION SERVICES, AND LimoUSA IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE AFFILIATE, THIRD PARTY TRANSPORTATION PROVIDER, DRIVER OR VEHICLE OPERATOR TO OFFER TRANSPORTATION SERVICES WHICH MAY BE SCHEDULED THROUGH USE OF THE SERVICE. LimoUSA OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH THIRD PARTY TRANSPORTATION SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION CARRIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES.THE LIMOUSINE REFERRAL SERVICES PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, LimoUSA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

LimoUSA MAKES NO WARRANTY THAT: (A) THE LIMOUSINE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE LIMOUSINE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE LIMOUSINE SERVICES WILL BE ADEQUATE OR RELIABLE; (D) AS TO THE STATUS OF ANY OF LimoUSA’S AFFILIATES OR ASSOCIATED LIMOUSINE COMPANIES’ LICENSES, PERMITS, DRIVING HISTORY, SAFETY PRECAUTIONARY PROCEDURES, QUALITY OF DRIVERS EMPLOYED OR ANY OTHER ASPECT OF LimoUSA’S AFFILIATES OR ASSOCIATED LIMOUSINE COMPANIES (E) THE QUALITY OF ANY THE LIMOUSINE SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE SITE; (F) THE QUALITY AND/OR DRIVING RECORD OF THE DRIVER(S) UTILIZED BY THE COMPANY FURNISHING THE LIMOUSINE SERVICES OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS. LimoUSA MAKES NO REPRESENTATIONS AND DISCLAIMS ANY AND ALL WARRANTIES RELATED TO THE DISTRIBUTION AND DIVISION OF MONIES PAID FOR BY YOU OR OTHER PERSONS/ENTITIES FOR LIMOUSINE SERVICES INCLUDING WITHOUT LIMITATION ANY REPRESENTATION OR WARRANTY THAT GRATUITY PAYMENTS AND/OR TIPS, AS MAY BE QUOTED, STATED OR PAID FOR SHALL ACTUALLY BE DISBURSED TO ANY DRIVER, PERSON, COMPANY, OR THIRD PARTY REGARDLESS OF ANY SUCH DESIGNATION OR STATEMENT TO SUCH EFFECT ANYWHERE WITHIN THE MATERIALS, WEBSITE, OR DOCUMENTATION AS INVOLVING LimoUSA OR ANY OF LimoUSA’S AFFILIATES OR ASSOCIATED LIMOUSINE COMPANIES.CONTRACTING FOR SUCH LIMOUSINE SERVICES IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. LimoUSA SHALL HAVE NO RESPONSIBILITY FOR ANY LOSS, INJURY, DAMAGE, FINES, PENALTIES, COMPENSATION OR OTHER AMOUNTS THAT RESULT THE LIMOUSINE SERVICES CONTRACTED FOR BY YOU THROUGH THIS SITE. PICTURES, DEPICTIONS, OR PHOTOGRAPHS ON THE WEBSITE OR ANY OTHER ADVERTISEMENT OR OTHER SUCH MATERIALS OF ANY PARTICULAR VEHICLE, LIMOUSINE OR OTHERWISE, ARE NOT NECESSARILY REPRESENTATIVE OF THE TYPE, MAKE, MODEL, CAPACITY, UTILITY, COLOR, OR QUALITY OF ANY SUCH VEHICLES WHICH MAY BE PROVIDED OR UTILIZED BY LimoUSA OR ANY OF LimoUSA’S AFFILIATES OR ASSOCIATED LIMOUSINE COMPANIES.

17. FURTHER CONTRACT OBLIGATIONS: I understand and agree to the length and usage along with any charges and further agree to pay for any and all damages my party may cause during the rental periods. I also agree to the LIMOUSINE Rules and Regulations. I understand and agree to pay the entire contract price if cancellation policy is not followed. I understand the number of hours listed on this contract is the minimum hours I am agreeing to pay and that I am responsible for any overtime incurred. I understand that by signing this contract, I’m agreeing to all the rules and terms of the contract and authorizing LimoUSA to charge my credit card for the agreed contract price.

YOU HEREBY AGREE TO RELEASE LimoUSA (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 AFFILIATE COMPANIES. LimoUSAUSINE WILL IN NO WAY BE HELD LIABLE FOR ANY INJURIES OR CLAIMS THAT MAY ARISE FROM ANY OCCURRENCE THAT MAY HAPPEN WHILE DEALING WITH THE AFFILIATE SERVICES.THE AFFILIATE SERVICE IS SOLELY LIABLE FOR ANY AND ALL CLAIMS. LimoUSA ACTS AS A BOOKING AGENT ONLY.

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