TERMS OF SERVICE
Welcome to SplitACab.com, a service provided to you by Toobco, LLC ("Toobco", "we" or "us"). These Terms of Service apply only to the web site and service located at SplitACab.com (the "Service").
YOUR ACCESS AND USE OF THE SERVICE IS SUBJECT TO YOUR COMPLIANCE WITH: (1) THESE TERMS OF SERVICE, (2) THIRD PARTY AGREEMENTS TO WHICH YOU ARE SUBJECT (AS DESCRIBED BELOW) AND (3) ALL APPLICABLE LAWS, RULES AND REGULATIONS.
BY ACCESSING OR USING ANY PART OF THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPT THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, YOU MAY NOT USE ANY PORTION OF THE SERVICE.
WE RESERVE THE RIGHT TO UPDATE OR CHANGE THESE TERMS OF SERVICE AT ANY TIME BY POSTING SUCH CHANGES ON THE WEB SITE. YOUR CONTINUED USE OF THE SERVICE AFTER WE POST ANY CHANGES SIGNIFIES YOUR AGREEMENT TO ANY SUCH CHANGES. IF YOU DO NOT AGREE TO THESE CHANGES, YOU MUST STOP USING OR ACCESSING THE SERVICE.
Permitted Use of the Service:
You may use the Service solely for your own personal use and in strict compliance with these Terms of Service.
Registration and Passwords:
In order to use many features of the Service, you must register to become a member. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity, except where aliases are expressly permitted. You may not share your password with any other party. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such password. We will presume that all activity under a user name and password is being conducted by you. If you suspect any unauthorized use of your user name and password, it is your responsibility to contact us immediately.
Acceptable Use Policy:
You may not use the service to engage in any illegal or harassing behavior or purposes thereto. Should you use the service to meet or cooperate with another user, you agree to respect our rules of etiquette, treat other users with respect and goodwill, not subvert or misuse the Service for any harmful or potentially harmful purposes, and cooperate with all legal authorities and regulations. You may only use this service for the informative and transportation-sharing purposes for which it is intended.
Solely by way of example, you may not use the Service, or encourage others to use the Service, to:
- harass, stalk, monitor, or locate anyone, or attempt to communicate or approach anyone who has asked you to desist in such attempts.
- engage in any other illegal or fraudulent, misleading or deceptive practice under the laws of any jurisdiction where you are located or use the Service, or any other conduct that may otherwise result in damages or legal liability.
No Control Over or Representations Regarding Other Users or Taxi Services:
You understand that any and all users of this Service, with whom you may be meeting in person, sharing transportation, or otherwise communicating with, have not been vetted, examined, approved, recommended, validated, or had their identity in any way verified by Toobco. You accept the full risk and responsibility of contact with other users of the Service, including misbehavior or misrepresentation by any party. Toobco requests certain information from registered users, including a valid email address, but would depend upon the Internet service providers who provided access to a user in order to determine their physical point of access or any information about their true identity. Toobco does not endorse, represent, warranty, or vouch for any taxi or other transportations providers or drivers, and is not affiliated with any of them in any way. You agree to only assert related claims against the individuals or companies responsible, and not against Toobco.
No-Show Riders:
Other users may agree to share a ride with you, and then fail to show up due to negligence, forgetfulness, or other circumstances including those beyond their control. You agree never to assume that other users will show up as scheduled, and freely accept all the risks and possible consequences and outcomes, including paying solo fare and missing your flight.
Unauthorized Use of the Service:
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Service. Further, you may not use any such automated means to manipulate the Service or attempt to exceed the limited authorization and access granted to you under these Terms of Service. You may not resell use of, or access to, the Service to any third party.
Termination of Access:
In addition to any right or remedy that may be available to us under these Terms of Service or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the Service, at any time with or without notice and with or without cause. We may also choose to change, suspend or terminate the Service in general at any time without notice. In addition, we may refer any information on illegal or fraudulent activities, including your identity, to the proper authorities. You can terminate your account by contacting us at customerservice@SplitACab.com and notifying us of your desire to terminate your account.
Privacy:
The privacy of your personal information is very important to us. For more information on what information we collect and how we use such information, please read our Privacy Policy.
Communications with Toobco:
Any communication or material you transmit to us by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, nonconfidential and nonproprietary. Except to the extent expressly covered by our Privacy Policy, anything you transmit or post may be used by us for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and/or posting. Furthermore, you expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.
Other Sites
We encourage you to be aware when you leave our Service and to read the terms and conditions and privacy statements of each and every web site that you visit. We are not responsible for the practices or the content of such other web sites or services.
No Spam:
You may not use the Service to transmit any unsolicited messages to any recipient from whom you have not received prior demonstrable consent or in a manner with violates any law or obligation regarding the transmission of email messages. In addition, you may not use or develop any automated process to transmit messages through use of the Service.
Fees:
There are currently no fees associated with or contemplated for this service. In the future, any fees would only be charged with explicit notice, and since we currently collect no billing data, we would also require submission thereof.
Proprietary Rights:
We are the exclusive owner or authorized licensors of this web site and the Service, including all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained therein. You acknowledge that the unique attributes of this Service are our intellectual property. Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. The Service may not be reverse engineered, decompiled or modified, nor may derivative works be created based on the Service, without the prior written consent of Toobco. All rights not granted under these Terms of Service are reserved by Toobco.
No Warranty:
While Toobco makes reasonable efforts to ensure that the Service operates as intended, the Service is dependent upon the Internet, its users, transportation providers, and other services, providers, and factors outside of the control of both Toobco and its users. By using the Service, you acknowledge that Toobco does not and cannot guaranty that the operation of the Service will be available or error free or that the Service and the information it stores will be entirely free from viruses, hackers, intrusions, no-show or malicious users, unscheduled downtime or other failures. You expressly assume the risk of such problems by using the Service. THE SERVICE, INCLUDING ALL SOFTWARE, CONTENT, OPERATIONS AND MATERIALS, ARE PROVIDED "AS IS." EXCEPT AS SPECIFICALLY SET FORTH HEREIN, TOOBCO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE OPERATION OF THE SERVICE. FURTHER, TOOBCO DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE.
Limitations of Liability:
IN NO EVENT WILL TOOBCO BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY PERSONAL DAMAGES, MISSED FLIGHTS, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT TOOBCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TOOBCO'S LIABILITY FOR ANY DIRECT DAMAGES EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO TOOBCO DURING THE MOST RECENT THREE (3) MONTHS. You acknowledge that Toobco has entered into this agreement relying on the limitations of liability stated herein and that Toobco would not offer you the Service without those limitations, which are an essential basis of the bargain.
Indemnification:
You agree to indemnify, defend and hold us and our representatives and agents harmless from and against any and all third party claims, demands, liabilities, costs or expenses, including attorneys fees and costs, arising from, or related to, (i) any breach by you of any of these Terms of Service, (ii) your use of the Service, or (iii) a violation by you of applicable law or any agreement with us or any third party.
Governing Law:
The laws of the State of New York shall govern these Terms of Service. SUBJECT TO THE ARBITRATION PROVISION BELOW, YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF SERVICE OR YOUR ACCESS OR USE OF THE SERVICE.
International Access:
Our Service is provided from the United States of America and all servers which make them available reside in the U.S.A. The laws of other countries may differ regarding the access and use of this Service or functions available through the Service. We make no representations regarding the legality of this Service in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.
Arbitration:
You agree that any and all disputes, controversies and claims relating in any way to the Service or these Terms of Service (including the arbitration of any claim or dispute and the enforceability of this paragraph) shall be submitted to and resolved by means of a confidential arbitration before a single arbitrator administered by the American Arbitration Association under its then current Commercial Arbitration Rules and conducted in New York County, New York. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an action involving any other current or former user of the Service, whether through class action proceedings or otherwise.
Severability:
If any part of these Terms of Service shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Service.
Changes:
All information posted on the Service is subject to change without notice. In addition, these Service Terms of Use may be changed at any time without prior notice. We will make such changes by posting them here. You should check this page for such changes frequently. Your continued access to the Service after such changes conclusively demonstrates your acceptance of those changes.
Waiver; Remedies:
The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Service by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Service. Our rights and remedies under these Terms of Service shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
Assignment.
You may not assign these Terms of Service, or any rights or remedies hereunder, to any third party without our prior written consent. These Terms of Service shall inure to the benefit of a party's permitted successors and assigns.
Contact Information:
Should you have any questions regarding these Terms of Service, you may contact us at: customerservice@SplitACab.com
Last updated: November, 2007