This Terms of Service Agreement (the “Agreement”) is a legal agreement that governs your relationship with Yellow Cab New York (the “Company”), use of the yellowcabnyc.com and related websites (such sites being collectively referred to herein as the “Sites” and the services available on such Sites being referred to herein as the “Services”). If you do not agree to this Agreement, please do not use the Services. In addition to the terms and conditions in this Agreement, users may be asked to agree to additional terms when using different parts of our Sites. The terms and conditions of this Agreement, along with such additional terms and conditions, will be referred to as the “Terms”. The Company reserves the right, at its discretion, to change, modify, add, or remove portions of any of the Terms at any time. Please check the Terms periodically for changes. Your use of the Service after such Terms are posted will mean that you accept such Terms.
In this Agreement, we will refer to you and all of your affiliates, agents, employees, representatives and subcontractors as “you” and to the Company and its employees and agents as “we”, “us”, “Company” or “Yellowcabnyc.com.” References herein to Sites include any and all Sites now, or hereafter, owned or operated by us. These Terms were last updated on 5/1/2010.
1. INTRODUCTION. Upon your registration, you may choose your own log-in email and optional password or we will assign you a password to access our services through the Sites.
2. SERVICES. We are committed to making your total experience a positive one. Upon entering your information and the request for which you would like FHV Base service, we will provide you with a list of FHV Base companies in your area, if any, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a FHV Base company or that there are FHV Base companies in your area that either are capable or willing to complete your service needs. Although we take certain steps to examine the credentials of our listed FHV Base companies, we make no guarantees or representations regarding the skills or representations of such FHV Base company or the quality of the service that he or she may perform for you if you elect to retain their services. We does not endorse or recommend the services of any particular FHV Base company. It is entirely up to you to enter into a direct contract or otherwise reach agreement with a FHV Base company, and we do not guarantee or warrant their performance or the outcome or quality of the services performed. The FHV Base companies are not employees or agents of ours, nor are we an agent of the FHV Base companies. We do not perform, and is not responsible for, any of the services requested by you in your service request. Your rights under contracts you enter into with FHV Base 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 FHV Base company, you must address such dispute with the FHV Base company directly, AND 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 FHV BASE COMPANIES.
3. RESOLUTION PROCESS. While we cannot guarantee the work performed by a listed FHV Base company, and while we have no obligation to you with regard to your relationship with a FHV Base company, our resolution process has been developed to try and assist you in resolving any problems that may arise in the course of FHV Base service and which may be the fault of a FHV Base 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 a FHV Base 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.
4. INFORMATION YOU PROVIDE TO US. Upon using the Services, you will be prompted to disclose certain information about yourself and your service requirements on our Site. Some of this information will be sent to FHV Base companies who will need this information to respond to you or to other persons or entities in connection with our business. By providing this information to us, or by submitting a service quote request, you are requesting, and you expressly consent to being contacted by us and by our FHV Base companies and providers via phone, email or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the Services set forth on our Site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to your service request and our business, including marketing related emails if you agree to receive such emails. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with Company and its partners and thus agree to be contacted by Company and/or its partners. You promise that all information you provide will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to refuse any current or future use of the Company Services (or any portion thereof) by you. You are responsible for any use of the Company services by persons to whom you intentionally or negligently allow access to your password.
5. YOUR USE OF OUR SERVICES. You acknowledge and agree that your use of the Company services is for your personal use and not for any commercial or advertising purposes. You agree that all of the content and information posted on the Sites, including but not limited to our FHV Base company profiles/web stores and ratings & reviews (including any ratings and reviews or other content posted by you), is the sole and exclusive property of Company, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to Company for any such damages, and will indemnify Company in the event of any third party claims against Company based on or arising from your violation of the foregoing. We reserve the right to revoke your access to the Sites and Services at any time. All information about FHV Base companies is confidential and for your personal use only. If it is determined or suspected by Company in its sole discretion that you are misusing or attempting to misuse or circumvent the Company Services or system, or are using or attempting to use them for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, Company reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies. TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO COMPANY AND ITS FHV BASE COMPANY PARTNERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE’S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO COMPANY AND EACH COMPANY SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF COMPANY AND EACH OF THE AFFECTED FHV BASE COMPANIES AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.
6. NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEB SITE. Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of Company. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the Sites or any other Company owned, operated, licensed or controlled site. Elements of the Sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Sites may be copied or retransmitted unless expressly permitted by Company. COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED IN CONNECTION WITH COMPANY SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. COMPANY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SITES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
7. LINKS TO THIRD PARTY SITES. The links in the Sites will let you leave the Sites. The linked sites are not under the control of Company and Company is not responsible for the content or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Company is not responsible for webcasting or any other form of transmission received from any linked site. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the site.
8. FHV BASE COMPANY PRESCREENING PROCEDURES AND DISCLAIMERS. Company uses the following criteria as part of its registration enrollment process (“registration”) for new FHV Base companies, with the exception of Master Accounts (as described below) applying for membership in our network:
◦ Licensing – Company confirms at the time of a FHV Base companyís registration, that a prospective new FHV Base company member has minimum applicable required licensing. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the FHV Base services are being performed (such as picking up passengers at a specific airport). We recommend you confirm these licensing requirements before proceeding with your ride. We always recommend that you ask the FHV Base company to provide you with a copy of their license.
◦ Insurance – Where relevant, Company confirms general liability insurance coverage or information presented by member FHV Base companies at the time of their registration with Company. Company does not confirm general liability coverage for certain categories of FHV Base companies where such coverage is deemed not applicable.
◦ State Business Filings* – For business types that require a Secretary of State filing, we confirm that the FHV Base company is in good standing in the state in which it is located. This check applies to FHV Base companies that are corporations and Limited Liability Companies (LLC’s).
9. NOTE: Member FHV Base company information confirmed at the time of enrollment as described above may change, expire or be revolked/suspended over time; while Company attempts to maintain accurate and up-to-date information, and confirms changes when notified, we perform screening solely at the time the member applies for membership in the Company network, and therefore, we cannot guarantee that profile and screening information is accurate ñ or that their licensing or insurance is in effect at the time of your service. Therefore, we recommend that before working with a FHV Base company you verify that information regarding the FHV Base company is still current and/or acceptable to you. **Only for U.S. FHV Base companies Master Accounts – Some FHV Base Companies are employees, franchisees, or independent contractors (“IO’s”) of larger FHV Base companies (“Master Accounts”). In such event, you may be matched with the Master Account entity or with one of their IO’s. The above screening critera is not applicable to Master Accounts, and therefore, Company does not screen the Master Accounts or IO’s, but rather relies on the screening performed by the Master Account. If you have any questions about what screening the Master Account performs on it’s IO’s, you should contact the Master Account directly. FHV Base Companies Profiles: Company allows FHV Base Companies to post profiles about themselves and their business on the Sites. Company does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the FHV Base Company. The above procedures may change from time to time at the sole discretion of Company. Company believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members are appropriately licensed, free of significant state-level civil legal judgments, or carry appropriate general liability insurance or bonding at the time of registration, during the period they are members, or thereafter. As circumstances can change daily, Company advises consumers to check these matters for themselves especially at future dates. Company does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that Company checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources. DISCLAIMER: COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE PRESCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE PRESCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE. Posting ratings and reviews on the Sites: Company reserves the right, but not the obligation, to refuse to post or to remove any review if Company determines (in its sole discretion) that it contains or features any of the following:
◦ Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language, hate speech (e.g., racist/discriminatory speech) or references to illegal activity.
◦ Reviews that are submitted by a reviewer whose personal information does not match our records as someone who submitted a quote request.
◦ Reviews that do not address the services of the FHV Base company or reviews with no qualitative value (e.g., “ride has not happened yet “).
◦ Language that violates the standards of good taste or the standards of this Site.
◦ Comments concerning a different FHV Base company or any reviewers who are present or former drivers or employees of a FHV Base company being reviewed.
◦ Information not related to work requested in the service request.
◦ Statements that are or appear to be false.
◦ Comments that disparage Company.
- Further, the reviewer must provide permission to Company to contact the FHV Base Company about his or her service request. If a dispute arises between a consumer and FHV Base company, the rating submitted may be held in pending status until resolution is reached. Ratings and reviews are not endorsed by Company All ratings and reviews of a FHV Base company displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of Company. Company disclaims any and all representations or warranties with regard to the ratings and reviews. Reviews do not reflect the views of Company; its parent, subsidiary or affiliated companies; or its employees, officers, directors, or shareholders. Company does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.
- INDEMNIFICATION. YOU AGREE TO INDEMNIFY COMPANY, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY’S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE COMPANY SERVICES OR IN CONNECTION WITH THE SITES OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
- GENERAL PROVISIONS. You acknowledge and agree that the Services are provided to you on an “AS IS” basis without any warranty whatsoever, and your sole and exclusive remedy, and Company’s sole obligation to you or any third party for any claim arising out of your use of the Services or the Sites, is that you are free to discontinue your use of the Services or the Sites at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, COMPANY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT COMPANY SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms will inure to the benefit of Company’s successors, assigns and licensees. If any provision of these Terms shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Sites or Services must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect. These Terms are governed by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely in the State of California and between California residents. You agree to submit to jurisdiction in California and that any claim arising under these Terms will be brought solely in a court in San Francisco County, California.