Mears Terms and Conditions of Use Agreement. Agreement Between Customer and Mears. Use of the Website. Prohibitions on Misuse

Transcription

1 Mears Terms and Conditions of Use Agreement Agreement Between Customer and Mears Thank you for accessing the website located at mears.com, mearstransportation.com, mearsglobal.com, mearstaxi.com, or one of the Mears affiliated websites (the "Website"). As used herein, Mears collectively refers to Mears Destination Services, Inc., Mears Global Chauffeured Services, LLC ( Mears Global ), City Cab Company of Orlando, Inc., Yellow Cab Company of Orlando, Inc., and any other member or affiliate of the Mears Transportation Group. This Website is provided solely to assist customers of Mears in gathering information regarding the services provided by Mears on the Website, determining the availability of such services, making legitimate reservations for such services, retrieving online ride receipts or otherwise transacting business with Mears ( Legitimate Business ) and for no other purposes. The terms "we", "us", and "our" refer to Mears. The term "you" refers to the customer visiting this Website or booking a reservation through Mears on this Website. This Website is a service offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Agreement"). Please read this Agreement carefully. Mears may at any time, at its sole discretion, without notice to you, revise or otherwise modify this Agreement, and your continued access or use of this Website signifies your acceptance of the revised or modified Agreement. CHOOSING TO USE THIS WEBSITE SIGNIFIES THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT AND PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST EXIT THIS WEB SITE IMMEDIATELY. Use of the Website As a condition of your use of this Website, you warrant that 1. you are at least 18 years of age, 2. you possess the legal authority to create a binding legal obligation, 3. you will use this Website in accordance with this Agreement, 4. you will only use this Website for Legitimate Business for you or for another person for whom you are legally authorized to act, 5. all information supplied by you on this Website is true, accurate, currant and complete, and 6. if you have a Mears account, you will protect your account information and will supervise and be completely financially responsible for any use of your account by any individual or entity other than you (including without limitation, minors living with you). Mears retains the right at its sole discretion to deny any individual or entity access to this Website and the services provided hereunder at any time and for any reason, including, but not limited to, for violation of this Agreement. Prohibitions on Misuse The content and information on this Website (including, but not limited to, price and availability of reserved shuttle, car or chauffeur services), as well as the infrastructure used to provide such content and information, is proprietary to Mears or our providers. While you may make limited copies of your reservation materials (and related documents) for services booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website, as further described below. Additionally, you agree not to: 1. use this Website or its contents for any commercial purpose or gain; 2. make any speculative, false, or fraudulent reservation;

2 3. we reserve the right to cancel or modify reservations where it appears that a customer has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error; 4. violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website; 5. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; 6. deep-link to any portion of this Website (including, without limitation, the purchase path for any chauffeur services) for any purpose without our express written permission; or 7. "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization. As a condition of using this Website, you warrant to Mears that you will not use this Website for any purpose that is unlawful or prohibited by these terms, conditions and notices or by federal, state, local or international law. Mears reserves the right to deny, in its sole discretion, any user access to this Website or any portion thereof without notice. Provider Rules and Restrictions Additionally, separate terms and conditions may apply to the reservation and purchase of the individual shuttle, car, chauffeur or other services that you book through this Website. Please read any provided separate terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any provider with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the provider's rules and restrictions regarding availability, costs, and use of services. Privacy Policy Mears believes in protecting your privacy. Mears agrees that any information provided by you to Mears through the Website will not be disclosed for commercial purposes to anyone outside of Mears. You consent to the use of your personal information by Mears in accordance with this Agreement for the purposes set forth herein. Please see additional information about our privacy practices at our privacy policy, which is incorporated into and made part of this Agreement and describes our use and protection of nonpublic personal information. Reading our privacy policy will help you understand how we treat the personal information that we obtain from you or other sources in the course of providing you with products and services. Limitation on Liability MEARS GENERALLY: THE MATERIALS AND INFORMATION YOU FIND ON THIS WEBSITE ARE PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS WEBSITE AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT. IN NO EVENT SHALL MEARS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) OR WITH THE SERVICES PROVIDED AS A RESULT OF A RESERVATION MADE ON THIS WEBSITE, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN MEARS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY RISK ARISING OUT OF USE OR PERFORMANCE OF THE INFORMATION, SERVICES, MATERIALS, SOFTWARE, OR OTHER ITEMS REMAINS ENTIRELY WITH YOU. UNDER NO CIRCUMSTANCES WILL MEARS BE LIABLE FOR ANY DAMAGES WHATSOEVER

3 ARISING OUT OF THE USE OR PERFORMANCE OF THE INFORMATION, SERVICES, SOFTWARE, OR OTHER ITEMS. MEARS GLOBAL SPECIFICALLY: BY OFFERING FOR SALE SERVICES IN PARTICULAR INTERNATIONAL DESTINATIONS, MEARS DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO ANY SUCH DESTINATIONS. THE PROVIDERS SUPPLYING CHAUFFEURING SERVICES THROUGH MEARS GLOBAL ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF MEARS, AND MEARS IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. MEARS HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE- ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY. BY USING THIS SITE TO BOOK RESERVATIONS, YOU AGREE THAT IN NO EVENT SHALL MEARS BE LIABLE FOR LOSSES ARISING OUT THE CHAUFFEUR SERVICES PROVIDED BY THE INDEPENDENT PROVIDER. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Mears. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This disclaimer of liability applies to any damages or injury caused by any failure of performance or nonperformance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that Mears is not liable for your defamatory, offensive, infringing or illegal materials or conduct, or that of third parties, and Mears reserves the right to remove such materials from the Website without liability. Making or booking a reservation for transportation services on this site does not guaranty the availability of the travel transportation services. Mears reserves the right to unilaterally cancel any reservation or booking for transportation services made on this Website. Under no circumstances including negligence, shall Mears, any of its respective shareholders, officers, directors, employees or agents be liable for any incidental, special or consequential damages that result from the use of this Website or the failure to provide transportation services reserved or booked on this Website. If, notwithstanding the foregoing, should Mears or any of its respective shareholders, officers, directors, employees or agents be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this Website or its contents, including without limitation any failure to provide transportation services, the liability of any such party shall in no event exceed the greater of (a) the value of the transportation booked, or (b) the transaction fees assessed for your transactions on this Website. Some states do not allow limitation of liability, so the foregoing may not apply to you. Currency Rates Currency rates for Mears Global are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Any quoted rate is based on the exchange rate in effect at the time of booking. The final bill for services will be calculated using the exchange rate in effect at the time of billing.

4 Intellectual Property Rights Copyrights. The materials in this Website are protected under United States Copyright Laws. These materials are for individual or organizational use as authorized by Mears, exclusively. You may not modify, copy, aggregate, distribute, publish, display, transmit, reproduce, license, transfer, create derivative works from or sell any information from this Website, without the prior written permission of Mears, except that you may download one copy of the content on any single computer and print a copy of the content for your use in learning about, evaluating, or acquiring services or products from Mears. No permission is granted to you, or anyone acting on your behalf, to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content. No permission is granted herein to you to use, or permit others to use the content, associated icons, site addresses, or other means to hyperlink other Internet sites with any pages in the Mears Website, and Mears assumes no responsibility for any other party s site hyperlinked to the Mears Website or in which any part of the Mears Website has been hyperlinked. Mears may make improvements and/or changes in the products and/or programs described herein without liability. In some cases, some materials contained in the Website may be subject to copyrights held by third-parties and additional permissions may be required. Copyright Infringement. Mears respects the copyrights of others. Any copyright owner or authorized agent who believes that any materials, information or text displayed on this website infringes their copyrights, may submit a notification pursuant to the U.S. Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent, Copyright Agent, copyright@mearstransportation.com, with the following information in writing: i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; ii. iii. iv. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website; 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 us to locate the material; Information reasonably sufficient to permit us to contact the copyright owner or its agent, such as an address, telephone number, and, if available, an electronic mail address; v. A statement that the copyright owner 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 vi. A statement that the information in the notification is accurate, and under penalty of perjury, that complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please note that only DMCA notices should go to Mears' Copyright Agent. Any other feedback, comments, requests for technical support, and other communications should be directed to Mears' Webmaster at webmaster@mearstransportation.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Trademarks. The Mears logo, any affiliated logos, the term "Mears Transportation Group" as well as any affiliated terms and all logos and graphics using the Mears name are the intellectual property of and/or trademarks/service marks owned by Mears and its affiliated organizations. Mears may possess intellectual property rights in other logos, words, or phrases not listed here. Intellectual property rights of third-parties may apply where noted. Except

5 where otherwise indicated, all materials on this Website including but not limited to graphics, text, software, audio, video, and files, are the property of Mears and are protected by copyright or other intellectual property laws. Mears reserves all rights to its intellectual property. You may print out a single copy of pages on this Website for your personal, non-commercial use provided that all copyright, trademark or other notices are retained. You are not authorized to use any portion of this Website or any other Mears intellectual property on any other website, in the meta-tags of any other website or in any other materials. You may not modify, publish, create derivative works, copy, distribute, or otherwise use any of this website's content or frame this Website within any other website. Security Mears utilizes SSL (Secure Socket Layer) technology in processing online transactions in order to encrypt personal and payment information. SSL incorporates strong encryption which can inhibit the unauthorized interception and access of your data. SSL requires a web browser that supports SSL. Links to Other Sites The Mears Website may contain links to and frames of third party websites which are not maintained by Mears. While Mears will attempt to include only links to or frames of those sites which are in good taste and safe for our visitors, Mears shall not be responsible for the content of those sites and shall not guarantee that sites will not change without our knowledge. Inclusion of such links and frames in the Mears Website does not imply Mears s endorsement of the linked or framed sites or their content. Contacting Mears Mears encourages you to share your comments and questions with us by mailing them to our corporate office. Mears makes every effort to read mail sent to our offices and to respond to the sender within an appropriate time. Mears will assume no responsibility, however, for reviewing unsolicited ideas for our business (for example product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Mears programs. Also, please remember that you are responsible for whatever material you submit, and that you, not Mears, have full responsibility for the message, including its reliability, originality, and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any and all rights to materials and ideas submitted to use become the exclusive property of Mears. To contact us by mail, please address letters to: Mears Transportation Group, 324 West Gore Street, Orlando, Florida General This Website is operated by a U.S. entity and this Agreement is governed by the laws of the State of Florida, USA, without regard to principals of conflicts of laws. You hereby consent to the exclusive jurisdiction and venue of courts in Orange County, Florida, USA, in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. You agree that no joint venture, partnership, or employment relationship exists between you and Mears as a result of this Agreement or use of this Website. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within one (1) year from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

6 If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Mears with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Mears with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved. Revised and Effective as of March, Mears Destination Services, Inc., Mears Global Chauffeured Services, LLC, and Mears Transportation Group. All rights reserved.