THESE TERMS AND CONDITIONS OF USE (“Terms”) ARE A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND DIAL 7 CAR & LIMOUSINE SERVICE, INC. governing your use of this website, http://www.dial7.com (“Site”). Please review these terms fully before you continue to use the Site. By using the Site, you agree to be bound by these Terms.
These Terms were last updated on August 8, 2008. The Site (including its operating source code) is owned exclusively by Dial 7 Car & Limousine Service, Inc. All of the content featured or displayed on the Site (“Content”) is owned or licensed by Dial 7 Car & Limousine Service, Inc. “Content” includes (without limitation) the following: still images, text, pictorial works, video images, still images of video, graphic designs, logos, audio recordings, multimedia, and computer applications and codes.Your access to (and use of) the Site, all Content, and all services of Dial 7 Car & Limousine Service, Inc. is subject to the terms, conditions, and disclaimers set forth in these Terms, and to all applicable laws and regulations.Your access and use of the Site is at your sole risk. If you are dissatisfied with any of the Content contained in the Site, with the quality of service, or with these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site. The Site, together with all Content posted on the Site, are provided to you “as is” and without any warranties. You agree that Dial 7 Car & Limousine Service, Inc.’s maximum liability arising from any use of the Site under any circumstances will be limited to U.S. $100.00. (Some states do not allow the exclusion or limitation of incidental or consequential damages, so this limitation or exclusion may not apply to you.)
IN NO EVENT WILL DIAL 7 CAR & LIMOUSINE SERVICE, INC. OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGE OR LOST PROFITS RELATED TO ANY SERVICES THAT ARE OFFERED ON OR THROUGH THIS SITE. All users will use the Site for lawful purposes only. Conduct by any user that (in the sole judgment of Dial 7 Car & Limousine Service, Inc.) restricts or inhibits any other user from using or enjoying the Site will not be permitted. Dial 7 Car & Limousine Service, Inc. reserves the right (in its sole discretion) to terminate or refuse access to the Site to any user at any time, and for any reason.
ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE SITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, DIAL 7 CAR & LIMOUSINE SERVICE, INC. RESERVES THE RIGHT TO SEEK DAMAGES FROM SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. You agree to indemnify, defend, and hold harmless Dial 7 Car & Limousine Service, Inc. and its shareholders, officers, directors, employees, agents, and representatives from and against all losses, expenses, damages, and costs (including attorneys’ fees) resulting from any violation of these Terms.
Dial 7 Car & Limousine Service, Inc. reserves the right to assume, at your sole expense, the exclusive defense and control of any matter subject to indemnification by you. In such event, you will fully cooperate with Dial 7 Car & Limousine Service, Inc. in asserting any available defenses. Your access to the Site is licensed to you, not sold. This license immediately terminates upon your breach of these Terms. In addition, Dial 7 Car & Limousine Service, Inc. may terminate this license immediately at any time and for any reason (or no reason), at will and for the convenience of Dial 7 Car & Limousine Service, Inc. If you do not abide by the disclaimers, limitations, exclusions, or conditions that are provided in these Terms, you are not authorized to use the Site.
Dial 7 Car & Limousine Service, Inc. and the Site, and all Content contained on the Site, are protected by United States trademark and copyright law and other applicable laws, and are the property of Dial 7 Car & Limousine Service, Inc. (except as expressly identified on the Site).
All copyrights and trademarks which are not the property of Dial 7 Car & Limousine Service, Inc. that are used (or referred to) in the Site are the property of their owners. Nothing contained in the Site will be construed as granting any license or other rights to any copyright, trademark, patent, or other property of Dial 7 Car & Limousine Service, Inc. or any third party, whether by implication, laches, estoppel, or explicit grant. The Content is the proprietary property of Dial 7 Car & Limousine Service, Inc.
Any unauthorized use of Content or other materials on the Site may violate the law, and will be a violation of these Terms.You are solely responsible for any and all acts and omissions that occur during (or relating to) your use of the Site. You agree not to engage in use of the Site that is unacceptable or illegal (as determined by Dial 7 Car & Limousine Service, Inc. in its sole discretion). Specifically, you agree not to do any of the following things, and not to take any of the following actions:
1. Transmit "spam," unsolicited messages, chain letters, any advertisements, solicitations, pyramid schemes, investment opportunities, or other unsolicited commercial communication.
2. Transmit material that may be abusive, obscene, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious, or any Content that is unlawful, is intended to be used for any unlawful purpose, is false or misleading, or that actually or potentially infringes the copyright, trademark, patent, trade secret or other right of any person, including Dial 7 Car & Limousine Service, Inc.
3. Transmit any non-public information about companies.
4. Create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication.
5. Print, copy, use, transmit, or disclose any personally identifiable information about other users of the Site.
6. Transmit viruses, Trojan horses, worms, defects, date bombs, time bombs, or other items of a destructive nature or any other malicious code or program.
7. Express or imply that any statements you make are endorsed by Dial 7 Car & Limousine Service, Inc.
8. Restrict or inhibit any other user from using or accessing the Site.
9. "Hacking" or defacing any portion of the Site.
10. Modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Site (or the source code of the Site).
11. Remove any copyright, trademark, or other proprietary rights notices contained on the Site.
12. Reproduce, distribute, modify, re-post on other websites or computer networks, or sell any Content.
13. Transfer or store any Content residing or exchanged over the Site in any electronic network for use by more than one user.
14. Frame or mirror any portion of the Site on any other website or computer network.
15. Collect or use any information about other users of the Site.
16. Engage in data extraction or data-mining.
17. Engage in any other activity deemed by Dial 7 Car & Limousine Service, Inc.
(in its sole discretion) to be in conflict with the spirit or intent of these Terms. Dial 7 Car & Limousine Service, Inc. is not responsible for any errors or omissions in the Site, for hyperlinks embedded in Content, or for any results obtained from the use of such information. Under no circumstances will Dial 7 Car & Limousine Service, Inc.
be liable for any loss or damage caused by your reliance on information obtained through the Site.You and Dial 7 Car & Limousine Service, Inc. have agreed to these Terms within the State of New York, for all purposes. All services that are furnished to you on (or through) the Site are deemed to be furnished within the State of New York.
All such services are being furnished by Dial 7 Car & Limousine Service, Inc. through its personnel and computer equipment located within the State of New York.All disputes arising out of, under, or in connection with these Terms (including without limitation, their validity, interpretation, performance, or breach) will be adjudicated exclusively in the federal or state courts located in (or having jurisdiction over) New York County, New York. These Terms and its validity and effect will be interpreted under, and governed by, the laws of New York, without regard to its conflict of laws provisions. You expressly consent to the jurisdiction of such courts over you.
Dial 7 Car & Limousine Service, Inc. reserves the right to release information to law enforcement agencies about users who Dial 7 Car & Limousine Service, Inc. believes are in violation of these Terms. Dial 7 Car & Limousine Service, Inc. also reserves the right to report to law enforcement agencies any activities that Dial 7 Car & Limousine Service, Inc. believes to be unlawful and the identity of those who may be responsible.
Copyright © 2008 Dial 7 Car & Limousine Service, Inc. All materials contained in (and on) the Site (including but not limited to the Content), and the Site itself, are copyrighted materials belonging exclusively to Dial 7 Car & Limousine Service, Inc., and are protected by federal copyright law and international treaties. Dial 7 Car & Limousine Service, Inc. enforces its copyright interests to the fullest extent permitted under the law. All rights are reserved.