terms and conditions
GoFastCabTM ("the Company," "we," or
"us,") provides certain websites, including the websites available at the domain
name GoFastCab.com (each, a "Site") and certain services made available to
registered users of the Sites ("Services"). This GoFastCabTM User
Agreement is the legal agreement ("Agreement") between you
and GoFastCabTM governing your use of the Services. Please read
this Agreement carefully. GoFastCabTM is willing to provide the
Services to you only on the condition that you accept all of the terms and
conditions contained in this Agreement. You accept the terms and conditions of
this Agreement by registering for and using the Services. If you are unwilling
to accept this Agreement, do not use the Services.
- DESCRIPTION OF SERVICES.
Subject to your compliance with the terms and conditions of this Agreement,
GoFastCabTM will provide the Services to you.
GoFastCabTM
will send you an SMS text message response containing a confirmation
number for Services. The communication standards for the Services include, but are
not limited to: SMS and web-based browser technology, provided that in
order to use the Services, you must maintain an active account with a carrier
of electronic communications through mobile devices (each, a "Carrier"), and
you may not use a prepaid cellular phone contract to access the Services.
- AVAILABILITY OF SERVICES. You acknowledge and agree that the
availability of SMS, the internet, and your ability to use the Services is on
an "AS IS" and "AS AVAILABLE" basis. You acknowledge that delivery of SMS
messages and availability of web-based browsing is not guaranteed. You
acknowledge that the Services may differ depending on the Carrier with whom
you maintain an account and that Carrier's ability to support the Services.
GoFastCabTM is not responsible for the act or omission of any
Carrier, any limitations imposed by such Carrier, or such Carrier's ability or
inability to support the Services. In addition, GoFastCabTM is not
responsible for any limitations of the internet. In the event your Carrier
fails to deliver any communication to GoFastCabTM or a provider of
any Service in timely fashion, due to, but not limited to, mobile network
failure or non-compatibility of your phone model with the Services, you
acknowledge and agree that GoFastCabTM shall not liable for any
loss or damage. In addition and without limiting the foregoing, in no event
will GoFastCabTM
be
liable for any error by you in using the Services, including submission of an
order or other message to an incorrect allocated number or short code.
- MODIFICATION OF SERVICES.
GoFastCabTM reserves the right, in its sole discretion, to
modify the Services from time to time and without notice, including by
removing, adding, or modifying Services and/or third-party vendors from the
Service offering. GoFastCabTM
shall have no liability to
you for any modification or discontinuation of the Services. If you object to
any such changes, your sole recourse shall be to cease using the Services.
Continued use of the Services following any such changes shall indicate your
acknowledgment of such changes and satisfaction with the Services as so
modified.
- PAYMENT & BILLING.
You agree to pay all fees charged by your Carrier in connection with your use
of the Services. You acknowledge and agree that these rates depend on the
applicable Carrier and your personal subscription package with that Carrier.
GoFastCabTM will provide you with reasonable notice of any material
modification in the fees charged for the Services, which notice may be
provided by posting the new fee schedule on the Sites.
- LIMITATIONS ON YOUR USE OF THE SERVICES. You
may not attempt, or authorize, encourage, or support others' attempts, to
circumvent, reverse engineer, decrypt, break or otherwise alter or interfere
with the Service. You agree to advise GoFastCabTM promptly of any
such unauthorized use(s) or attempt(s). You acknowledge and agree that the
Services are for your personal use only. You acknowledge and agree that you
may not copy, distribute, sell, resell, or exploit for any commercial purposes
any portion of the Services, or any products accessible through the Services.
GoFastCabTM
is not liable for
any claims, actions, damages, or other liability incurred as a result of any
unauthorized use of your account or the Services, and you agree to be fully
liable for any such unauthorized access.
- MODIFICATION OF AGREEMENT. GoFastCabTM may amend, supplement, or
modify this Agreement from time to time by posting the amended Agreement on
the Sites, and you agree to be bound by any such amendment or modification. If
you object to any such changes, your sole recourse shall be to cease using the
Services. Continued use of the Services following posting of any such changes
shall indicate your acknowledgment of such changes and agreement to be bound
by the revised Agreement, inclusive of such changes.
- PRIVACY. As part of the
order process, you may be asked to provide certain personal information
to us, such as your name, contact information, and address.
GoFastCabTM has an unrestricted right to collect and use any
personal information you provide in connection with the Services, provided
that any such use shall be in accordance with our Privacy Policy available at
www.GoFastCab.com
, which is hereby incorporated by reference.
If you use the Sites and/or the Services, you are accepting the terms and
conditions of our Privacy Policy. If you do not agree to have your information
used in any of the ways described in the Privacy Policy, you must discontinue
use of the Sites and/or the Services.
- TERMINATION.
GoFastCabTM may suspend your ability to use the Services or may
terminate this Agreement effective immediately and without notice to you if
(a) GoFastCabTM receives repeated faulty orders for Services in
connection with your account, including but not limited to the use of
erroneous or spoof SMS orders or duplicate requests for Services; (b)
GoFastCabTMbelieves you have violated or acted inconsistently with
the letter or the spirit of this Agreement. After any suspension or
termination, you may be required to respond to an authenticating message to
reactivate your account and/or pay a reactivation fee. YOU AGREE THAT
GoFastCabTM SHALL NOT BE LIABLE TO YOU FOR ANY TERMINATION OF THIS
AGREEMENT OR OF YOUR ACCESS TO THE SERVICES. You may discontinue your
participation in and access to the Services at any time by delivering notice
to GoFastCabTM at support@GoFastCab.com, or by sending a
text message to the GoFastCabTM
shortcode (777222) with any of the following messages: "STOP,"
"CANCEL," "UNSUBSCRIBE," "QUIT," "STOP ALL," or "END."
- DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GoFastCabTM
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR
STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND
NON-INFRINGEMENT. GoFastCabTM MAKES NO WARRANTY THAT THE SERVICES
WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE. GoFastCabTM DOES NOT WARRANT,
GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE
USE OF THE SERVICES WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY,
SECURITY CAPABILITY, CURRENTNESS OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT
ANY PRODUCTS YOU OBTAIN THROUGH USE OF THE SERVICES IS DONE AT YOUR OWN
DISCRETION AND RISK, AND GoFastCabTM MAKES NO WARRANTY REGARDING
ANY DEALINGS WITH OR TRANSACTIONS ENTERED INTO WITH ANY OTHER PARTIES THROUGH
THE SERVICES. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE,
ACCURACY, EFFORTS AND RESULTS TO BE OBTAINED THROUGH THE USE OF THE SITES OR
THE SERVICES IS WITH YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM GoFastCabTM
OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY
MADE HEREIN.
- LIMITATION OF LIABILITY.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT
WILL GoFastCabTM OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES,
AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF SUCH PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
ARISING OUT OF OR RELATED TO YOUR USE OF THE SITES OR THE SERVICES, REGARDLESS
OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND
STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. THE PARTIES ACKNOWLEDGE
THAT THE TERMS OF THIS SECTION 10 REFLECT THE ALLOCATION OF RISK SET FORTH IN
THIS AGREEMENT AND THAT THE PARTIES WOULD NOT ENTER INTO THIS AGREEMENT
WITHOUT THESE LIMITATIONS OF LIABILITY. THE AGGREGATE LIABILITY OF
GoFastCabTM
TO YOU FOR ALL CLAIMS
ARISING FROM OR RELATED TO THE SITES OR THE SERVICES IS LIMITED TO ONE HUNDRED
DOLLARS ($100). Some jurisdictions do not allow the exclusion of certain
warranties or the limitation or exclusion of liability for incidental or
consequential damages. Accordingly, some of the above limitations and
disclaimers may not apply to you. To the extent that we may not, as a matter
of applicable law, disclaim any implied warranty or limit its liabilities, the
scope and duration of such warranty and the extent of our liability shall be
the minimum permitted under such applicable law.
- INDEMNIFICATION. You
agree to indemnify, defend and hold harmless GoFastCabTM
, its agents, employees, representatives, licensors, affiliates,
officers, directors, and partners, from and against any and all claims,
liabilities, damages, losses, costs, expenses, fees (including reasonable
attorneys' fees and court costs) resulting or arising from any third-party
claim in connection with (a) any information you (or anyone accessing the
Services using your password) submit or transmit through the Services, (b)
your use of or access to the Services, (c) your violation of this Agreement,
(d) your violation of any rights of any third party, or (e) any viruses,
trojan horses, worms, time bombs, cancelbots, spyware, or other similar
harmful or deleterious programming routines input by you into the Services.
- INTELLECTUAL PROPERTY.
The Services and the Sites contain or comprise copyrighted and/or proprietary
subject matter that is owned by GoFastCabTM and/or its licensors.
All such material is protected by relevant intellectual property laws,
including copyright and/or trade secret laws. Without limiting anything
herein, the material may not be copied, modified, reproduced, republished,
posted, transmitted, sold, offered for sale, publicly performed, publicly
displayed, or redistributed in any way without our prior written permission
and the prior written permission of any applicable third-party entity. You
must abide by all copyright notices, information or restrictions contained in
or attached to any communication between you and GoFastCabTM. In
addition and without limiting the foregoing, all trademarks, service marks,
trade names, domain names, slogans, logos, and other indicia of origin
("Marks") that appear on or in connection with the Services are the property
of GoFastCabTM
and/or its affiliates, partners, licensors and/or
licensees. You are not authorized to use any such Marks. Ownership of all such
Marks and the goodwill associated therein remains with us or those other
entities.
- MISCELLANEOUS. This
Agreement and the relationship between you and GoFastCabTM shall be
governed by the laws of the State of California, without giving effect to any
choice of laws or principles that would require the application of the laws of
a different country or state. Any legal action, suit, or proceeding arising
out of or relating to this Agreement, or your use of the Services, must be
instituted exclusively in the federal or state courts located in San
Diego County, California and in no other jurisdiction. You further
consent to personal jurisdiction and venue in, and agree to service of process
issued or authorized by, any such court. GoFastCabTM may provide
you with notices, including those regarding changes to this Agreement, by
email or by posting changes on the Sites. Our failure to exercise or enforce
any right or provision of this Agreement shall not constitute a waiver of such
right or provision. If any provision of this Agreement is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as reflected
in the provision, and that the other provisions of this Agreement remain in
full force and effect. 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
Services or this Agreement must be filed within one (1) year after such claim
or cause of action arose or be forever barred. The section titles in this
Agreement are for convenience only and have no legal or contractual effect.
The Agreement constitutes the entire, exclusive and final statement of the
agreement between you and GoFastCabTMwith respect to the subject
matter herein, superseding any prior agreements or negotiations between you
and GoFastCabTM
with respect to the Services.
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