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THE
FOLLOWING DESCRIBES THE TERMS ON WHICH LIMOSTAND.COM, OR ANY
PRIVATE LABEL VERSION OF THE LIMOSTAND.COM SERVICE OFFERS YOU
ACCESS TO OUR SERVICES.
The services available at http://www.LimoStand.com
(the "Site") and private label versions of the Site
("Services") are owned and operated by LimoStand.com, a Massachusetts
corporation, doing business as LimoStand ("LimoStand.com"),
and are provided to you ("You") under the following
terms and conditions (the "Agreement"). If you do not
agree to be bound by the terms and conditions of this Agreement,
do not use or access our Services. LimoStand.com may amend this
Agreement at any time by posting the amended terms and conditions
on the Site or private label versions of the Site (together the
"Sites"). This Agreement may not be otherwise amended
except in writing signed by you and LimoStand.com.
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SERVICES. LimoStand.com is a lead
generation service that matches requests from potential
customers ("Buyers") with individuals and entities
that offer products or services via the Services
("Businesses") that may be able to meet Buyers
needs. LimoStand.com is not involved in the actual transaction
between Buyers and Businesses. Consequently, LimoStand.com
cannot ensure that a transaction will occur. Further, if a
transaction does occur, LimoStand.com has no control over the
quality, safety or legality of the item or service sold. The
Sites acts as the venue for You to submit requests to
Businesses listed in various areas who may LimoStand.com
to Your requests. Submitting requests via the Service is free.
You may enter into correspondence with, participate in
promotions by, and/or conduct transactions directly with
Businesses.
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CONDUCT. Please use common sense and
practice safe trading when using the Service. You agree to
provide true, accurate, current and complete information to LimoStand.com
and Businesses when using the Service. You may not allow
anyone else to use Your email address and You may not use
anyone else's email address while using the Service. You agree
to notify LimoStand.com immediately of any unauthorized use of
your email or any other breach of security. LimoStand.com will
not be liable for any loss or damage arising from your failure
to comply.
You agree to not use the Service:
a) for any purpose in violation of local, state, national, or
international laws;
b) to engage in any other conduct that inhibits any other
person from using or enjoying LimoStand.com and which
negatively affects the user experience.
c) in a manner that infringes on the intellectual property
rights of others or on the privacy or publicity rights of
others;
d) to transmit, post or make available any information, data,
text, files, links, software, chat, communication, or any
other materials that are unlawful, harmful, threatening,
abusive, invasive of another's privacy, harassing, defamatory,
slanderous, vulgar, obscene, hateful, racist, embarrassing or
otherwise objectionable to any other person or entity as
determined by LimoStand.com Service in its sole discretion;
e) to transmit, post or otherwise make available any
unsolicited or unauthorized advertising, promotional
materials, "junk mail," "Spam,"
"chain letters," "pyramid schemes," or any
other form of solicitation.
f) To impersonate any person or entity or falsely state or
otherwise misrepresent your affiliation with a person or
entity.
g) To post improper responses;
h) to 'stalk' or otherwise harass another;
i) to distribute viruses, corrupted files, or any other
similar software or programs that may damage the operation of
another's computer or telecommunications equipment;
You acknowledge that LimoStand.com screens
Your requests to Businesses and has the right (but not the
obligation) in our sole discretion to deny any request or
remove any content that is in violation of these terms and
conditions.
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PRIVACY. Solely to enable LimoStand.com
to use the information you supply us with ("Your
Information"), so that we and Businesses are not
violating any rights you might have in that information, you
agree to grant us a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free, sublicensable (through multiple
tiers) right to exercise the copyright, publicity, and
database rights (but no other rights) you have in Your
Information, in any media now known or not currently known,
with respect to Your Information. LimoStand.com will only use
Your Information in accordance with our Privacy Policy and
will require that Businesses who use Your information use it
in accordance with our Privacy Policy. For more information,
see our full Privacy Policy.
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CONTENT. LimoStand.com reserves the
right to post on the Sites the text in the "Details"
box and additional product or service information entered by
you in the request form ("Content"); however, we
will not post any information you input in the fields calling
for personally identifiable information to Businesses, unless
you specifically provide your personal information and select
that it can be provided to Businesses. You hereby acknowledge
that neither LimoStand.com, nor any of its service providers
or partners ("Partners") has or shall have any
liability for how the Services are used, what Content is
posted or accessed, or what products or services are made
available through the Sites.
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RELEASE. Because we are not involved
in the actual transaction between buyers and businesses, in
the event that you have a dispute, for any reason, You release
LimoStand.com (and our officers, directors, agents, and
employees) from claims, demands, and damages (actual or
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. If you are
a California resident, you waive California Civil Code §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."
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LimoStand.com’s PROPRIETARY RIGHTS.
You acknowledge and agree that the Sites and Service and any
necessary software used in connection with the Sites or
Service contain proprietary and confidential information that
is protected by applicable intellectual property and other
laws. You further acknowledge and agree that content on the
Sites or presented to you through the Service is protected by
copyrights, trademarks, patents and other proprietary rights
and laws. Except as expressly authorized by LimoStand.com, you
agree not to modify, sell, distribute or create derivative
works based on the Sites, Service or software, in whole or
part.
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UPGRADES, SUPPORT AND NOTICES. From
time to time, LimoStand.com may (and has the right to) send
You information and offers about upgrades, documentation,
special announcements and other services offered by LimoStand.com.
Notwithstanding the foregoing, under no circumstances will LimoStand.com
or any of its Partners have any obligation to provide You with
upgrades, enhancements, modifications, or support for the
Services or Sites.
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INDEMNITY. You agree to indemnify
and hold LimoStand.com, its parents, subsidiaries, affiliates,
officers, employees and Partners, harmless from any claim or
demand, including reasonable attorneys' fees, made by any
third party due to or arising out of the following: Your use
of the Services, use of Your account by any third party, Your
purchase or use of products or services offered by the
Businesses, the violation of this Agreement by You, or the
infringement by You, or any third party using Your account, of
any intellectual property or other right of any person or
entity.
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WARRANTY DISCLAIMER. You use the
Services at Your own risk. THE SERVICE IS PROVIDED ON AN
"AS IS, AS AVAILABLE" BASIS. NEITHER LIMOSTAND.COM
NOR ANY OF ITS PARTNERS MAKES ANY WARRANTIES, EXPRESS OR
IMPLIED, WITH RESPECT TO THE SERVICES OR ANY CONTENT OR
PRODUCTS, AND HEREBY DISCLAIMS ANY IMPLIED WARRANTIES,
INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some
states do not allow the disclaimer of implied warranties, so
the above limitations may not apply to you.
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LIMITATION OF LIABILITY. IN NO EVENT
SHALL LIMOSTAND.COM OR OUR PARTNERS BE LIABLE FOR LOST PROFITS
OR ANY SPECIAL, INCIDENTIAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF OR IN CONNECTION WITH THE SITES, THE USE OR THE
INABILITY TO USE THE SERVICE OR THIS AGREEMENT (HOWEVER
ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE
LIABILITY OF OUR PARTNERS TO YOU OR ANY THIRD PARTIES IN ANY
CIRCUMSTANCE IS LIMITED TO THE AMOUNT FEES YOU PAY US IN THE
TWELVE MONTHS PRIOR TO THE DATE THE CAUSE OF ACTION AROSE.
Some states do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation
and exclusions may not apply to you.
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GENERAL. This agreement constitutes
the entire agreements between You and LimoStand.com. The
rights and obligations of the parties under this Agreement
shall not be governed by the 1980 U.N. Convention on Contracts
for the International Sale of Goods; rather such rights and
obligations shall be governed in all respects by the laws of
the State of Massachusetts without regard to its conflict of
law provisions. The Superior Court of Suffolk County will have
exclusive jurisdiction and venue over all controversies in
connection herewith, and each party hereby consents to such
exclusive and personal jurisdiction and venue. This Agreement
is in the English language only, which language shall be
controlling in all respects, and all versions hereof in any
other language shall not be binding on the parties hereto. All
communications and notices to be made or given pursuant to
this Agreement shall be in the English language. The failure
of either party to exercise in any respect any right provided
for herein shall not be deemed a waiver of any further rights
hereunder. If any provision of this Agreement is found to be
unenforceable or invalid, that provision shall be limited or
eliminated to the minimum extent necessary so that this
Agreement shall otherwise remain in full force and effect and
enforceable. This Agreement is not assignable, transferable or
sublicensable by You without LimoStand.com's prior written
consent. LimoStand.com may assign this Agreement in whole or
in part. No agency, partnership, joint venture, or employment
is created as a result of this Agreement and You do not have
any authority of any kind to bind LimoStand.com in any respect
whatsoever. Headings are for convenience only and have no
legal or contractual effect. All notices under this Agreement
shall be in writing and shall be deemed to have been duly
given when receipt is electronically confirmed, if transmitted
by facsimile or email or upon receipt, if sent by certified or
registered mail, return receipt requested.
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Disclosures
The
Service hereunder is offered by LimoStand.com
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