THIS USER AGREEMENT (the “Agreement”) governs the use of the aircommlimo.com website and the related websites (such two sites being collectively referred to herein as the “Sites” and the service available on such Sites being referred to herein as the “Service”). The Sites are owned by Groundlink, Inc, (“Groundlink, Inc”). Your use of a Site constitutes your agreement to all of the terms and conditions of this Agreement. If you do not agree to this Agreement, please do not use the Service. In addition to the terms and conditions in this Agreement, users may be asked to agree to additional terms when using different parts of a Site, including payment by persons or entities who provide limousine services (referred to herein as “limousine companies”) of any applicable fees. (The terms and conditions of this Agreement, along with such additional terms and conditions, will be referred to as the “Terms”.) Groundlink, Inc reserves the right, at its discretion, to change, modify, add, or remove portions of any of the Terms at any time. Please check these Terms periodically for changes. A user’s use of the Service after such Terms are posted will mean that such user accepts such Terms.
- User Eligibility
(a) General. This Agreement is a legal agreement between Groundlink, Inc and each user. The Service is only available to individuals and entities that can form legally binding contracts under applicable law. If you do not qualify, please do not use the Service. Each user represents that all information supplied by it is true and accurate. Without limitation, any speculative, false or fraudulent service requests are prohibited. Groundlink, Inc may refuse its Service to anyone at any time. Without limiting the foregoing, Groundlink, Inc can expel any limousine company from its service for reasons at Groundlink, Inc’s discretion. Such reasons include and are not limited to: (i) email unresponsiveness, (ii) unprofessionalism, (iii) consumer complaints, (iv) deceptive advertising claims or (v) delinquency in payment. In addition, Groundlink, Inc reserves the right to refuse any applicant, affiliate or advertiser, including re-booking firms and companies who may indirectly or directly compete with Groundlink, Inc’s core product. Subsequently, Groundlink, Inc may remove any limousine service from our services when evidence is present which indicates a member does not abide by our membership Terms of Service.
- Use of the Service
The Service may be used only for lawful purposes. Groundlink, Inc specifically prohibits any use of the Service for unlawful purposes, and users agree not to use the Service for any unlawful purposes, or for posting any incomplete, false or inaccurate information, or any obscene, indecent or offensive language or to place on the Service any material that is false, defamatory, abusive, harassing or hateful. In addition, each user agrees not to (a) alter, remove, or obscure any notices or markings from the Service, (b) modify, translate, produce a source listing, decompile, disassemble, or reverse engineer the Service or any portion thereof; (c) create derivative versions of any part of the Service; (d) rent, transfer, distribute or grant any rights in the Service in any form; or (e) use the Service for any purpose that Groundlink, Inc deems to be inappropriate.
- Proprietary Materials
The Service contains proprietary materials such as logos, text, and photos. As between Groundlink, Inc and users, Groundlink, Inc is the owner or licensee of all such proprietary material and all intellectual property rights therein, including without limitation, copyrights and trademarks.
- Links to Third Party Sites
The Service may contain links to web sites operated by parties other than Groundlink, Inc (“Third Party Sites”). Groundlink, Inc’s links to such other sites does not imply any endorsement of the products, services or material on such Third Party Sites or any association with their sponsors or operators. Groundlink, Inc expressly disclaims all content, services and products available through such Third Party Sites. Linking to any other service or site from this Service is at your own risk.
- No Warranty
Each user expressly acknowledges and agrees that its use of the Service, any services or goods obtained or sites linked through the use of the Service, and any data transmitted through the Service is at the sole risk of users. Groundlink, Inc does not provide or make any undertaking or representation with respect to any other limousine company, other than Groundlink, Inc or as to the quality or nature of any of the products or services not purchased Groundlink, Inc or through the Service or any other representation, warranty or guaranty. Groundlink, Inc does not warrant that limousine companies are licensed or certified to practice in any jurisdiction; nor does Groundlink, Inc make any warranty as to the results that may be obtained from use of the Service or its content or as to the accuracy or reliability of any information obtained through the use of the Service. This paragraph also applies to companies who have passed Groundlink, Inc’s internet endorsement program. This endorsement simply states that the particular company has presented Groundlink, Inc with valid evidence of internet service readiness (not that it is properly insured or licensed and not that Groundlink, Inc provides any warranty with respect to its service). THE SERVICE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND AND Groundlink, Inc EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. Groundlink, Inc DOES NOT WARRANT THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT BREACHES OF SECURITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO IN THESE JURISDICTIONS THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO THE USER.
- Limitation of Liability
IN NO EVENT WILL Groundlink, Inc BE LIABLE TO USER OR ANY PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES ARISING OUT UNCONTROLLABLE EVENTS, AVAILABILITY OR UNAVAILABILITY OF THE SERVICE OR ANY OTHER SERVICES OR GOODS OBTAINED THROUGH USE OF ANY OF THE FOREGOING, OR ANY DATA TRANSMITTED THROUGH THE SERVICE, EVEN IF Groundlink, Inc HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND Groundlink, Inc’S ENTIRE AGGREGATE LIABILITY UNDER OR ARISING OUT OF THESE TERMS OR THE SERVICE SHALL BE LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT PAID TO Groundlink, Inc BY USER PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO IN THESE JURISIDICTIONS THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO THE USER.
Except as explicitly stated otherwise, any notices to Groundlink, Inc regarding this Agreement shall be sent to firstname.lastname@example.org. Any notice to a user shall be given to the name and address submitted at the time of registration.
- Governing Law
This Agreement, the Terms, the Service and any modifications thereto may not be assigned or in any way transferred without the prior written consent of Groundlink, Inc. The terms of this Agreement shall be construed in accordance with the substantive laws of the State of Florida, United States of America, without giving effect to the principles of conflict or choice of law of such state. Each user hereby consents to the exclusive jurisdiction and venue of courts in _________ U.S.A. in all disputes arising out of or relating to the use of this Service.
No waiver of any of the Terms shall be deemed waiver of any other such Terms set forth herein.
- Entire Agreement
The Terms constitute the entire agreement between each user and Groundlink, Inc with respect to the subject matter covered herein, and supersede all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. This Agreement may not be modified by a user except by a written agreement signed by authorized representatives of both parties.