U Limo – Terms of Use

Last Modified: August 13, 2021

INTRODUCTION

U Limo (“U Limo”, “we”, or “us”) sells reservations for travel and transportation services provided by independently owned and operated third party transportation vendors. U Limo is NOT the provider of transportation or travel. The term “you” refers to the customer visiting our website, calling our customer service agents, or booking a reservation through us, and the term “Customer” refers to you and other customers of U Limo. Our “Service(s)” refers to the selling of reservations for travel and transportation services provided by independently owned and operated third party transportation vendors, however the reservation is made, including but not limited to telephone reservation or online reservation. Our Services are offered to you conditioned upon your acceptance without modification of the terms and conditions set forth herein (collectively, the “Terms”).

ACCEPTANCE OF THE TERMS OF USE

Please read the Terms of Use carefully before using the Services. By accessing our website, calling our customer service agents, booking any transportation through us, or otherwise using the Services, you accept and agree to be bound and abide by these Terms of Use, and the Privacy Policy incorporated herein by reference. If you do not want to agree to these Terms of Use, you must not access or use the Services.

The Services are offered and available to users who are [17] years of age or older and reside in the United States or any of its territories or possessions. In order to accept these Terms of Use and use the Services, you must be a resident of the United States and be at least [17] years of age (the “Minimum Age”). The Services are not intended for users under the Minimum Age. You hereby affirmatively represent that (a) you are at least the Minimum Age; (b) you have all the applicable rights and authority to grant U Limo the rights granted herein; and (c) you have read, understood, and agree to be bound by these Terms of Use. If you are not at least the Minimum Age, do not have parental consent, or you do not agree to all the terms and conditions of these Terms of Use, you may not use the Services.

DISCLAIMER OF WARRANTIES

U Limo makes no warranty of any kind regarding the transportation or travel services provided by the transportation vendors with whom reservations are booked, the website, or its content, all of which are provided on an “AS IS” basis. U Limo expressly disclaims any representation or warranty that the Services or the transportation or travel services or the website or its content will be free from errors, viruses or other harmful components, that communications to or from U Limo will be secure and not intercepted, that the Services or the website will be uninterrupted, or that its

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content will be accurate, complete or timely. The fact that U Limo is including or offering reservations for any product or service is not an endorsement or a recommendation of the product or service or the provider of such product or service. We are not responsible for third party websites even if we link to such websites. OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW, U LIMO EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

LIMITATIONS ON LIABILITY

Neither U Limo (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Services will be liable for any incidental, special, exemplary or consequential damages, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the Services, (iii) any communications or interactions you may have with someone you interact or meet with through, or as a result of, your use of the Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not U Limo has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.

In no event will U Limo’s aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Customers, or your use of or inability to use the Services, exceed three hundred U.S. dollars (US$300).

These limitations of liability and damages are fundamental elements of the agreement between you and U Limo. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.

Subject to applicable law, your use of our Services, this website and its content and any travel and transportation you purchase through our Services is at your sole risk. Services and products made available through our Services and this website are subject to conditions imposed by the travel and transportation providers, including but not limited to tariffs, conditions of carriage, international conventions and arrangements, and federal government regulations. Travel and transportation providers who furnish products or services through our Services or this website are independent contractors, and not agents or employees of Provider. NONE OF U LIMO’S OFFICERS, CORPORATE PARTNERS OR SUBSIDIARIES, OR EMPLOYEES SHALL BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SERVICES, THE TRAVEL OR TRANSPORTATION SERVICES RESERVED, THIS WEBSITE, ANY HYPERLINKED WEBSITE, THE ACTS OR OMISSIONS OF TRAVEL AND TRANSPORTATION PROVIDERS WHOSE PRODUCTS OR SERVICES ARE RESERVED THROUGH OUR SERVICES OR THIS

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WEBSITE, OR THE PRODUCTS OR SERVICES OFFERED BY TRAVEL AND TRANSPORTATION PROVIDERS THROUGH OUR SERVICE OR THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF, BROWSING OR DOWNLOADING OF ANY PART OF OUR SITE OR CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING, OR (III) THE PERFORMANCE OR NON PERFORMANCE BY US OR ANY TRAVEL OR TRANSPORTATION PROVIDER OR (IV) ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMMISSION, 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, EVEN IF U LIMO AND THE TRAVEL OR TRANSPORTATION PROVIDER(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. If, despite the limitation above, U Limo is found liable for any loss or damage, then U Limo’s liability will in no event exceed, in total, the sum of US$300.00. Some states do not allow the limitation of liability, so the limitations above may not apply to you.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE CAREFULLY REVIEW SECTION 10 BELOW FOR MORE INFORMATION.

CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set out in Section 10 will not apply to any disputes for which the parties have actual notice before the date the change is posted to the U Limo website.

Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to review these Terms from time to time so you are aware of any changes, as they are binding on you.

INTELLECTUAL PROPERTY RIGHTS

The website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by U Limo, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and

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other intellectual property or proprietary rights laws.

“U Limo” and [●] [(the “Marks”) are the registered or common law trademarks or service marks of U Limo. These Marks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from U Limo. Other marks that appear on the website are the property of their respective owners.

Your use of the Services is subject to our Privacy Policy. You agree that you have read our Privacy Policy, and it is reasonable and acceptable to you. Your acceptance of this Agreement is also your consent to the information practices in our Privacy Policy.

ALCOHOL POLICY

Local drinking laws apply to your use of the Services. Customers assume all responsibility associated with the consumption of alcohol while in the limousine. Neither U Limo nor the Chauffeur or Driver will supply or purchase alcohol for Customers. U Limo has a zero-tolerance policy with respect to underage drinking. If a chauffeur or driver observes underage drinking, they may terminate the trip with no refunds and the minors will be dropped off in a safe location.

BEHAVIOR

Illegal activities, rough behavior, sexual activities or lewd acts are not allowed in the U Limo vehicles at any time and will result in termination of service with no refunds. The law enforcement authorities will be notified if appropriate.

ARBITRATION

Except for a claim by U Limo of infringement or misappropriation of U Limo’s patent, copyright, trademark, or trade secret, any and all disputes between you and U Limo arising under or related in any way to these Terms must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of the Services.

YOU AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND U LIMO ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND U LIMO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

(a) Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and us and our employees, agents, successors, or assigns, regarding or relating to the Services or these Terms shall exclusively be settled through

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binding and confidential arbitration.

(b) Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by these Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes.

(c) You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.

(d) You and we must abide by the following rules: (1) any claims brought by you or us must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding; (2) the arbitrator may not consolidate more than one person’s claims; may not otherwise preside over any form of a representative or class proceeding, and may not award class-wide relief, (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (4) we also reserve the right in our sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitrator’s award shall be final and may be enforced in any court of competent jurisdiction; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by the applicable law.

(e) Notwithstanding the foregoing, either you or we may bring an individual action in small claims court. Further, claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in New York, New York. Additionally, notwithstanding these Terms to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in New York, New York in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within New York, New York for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.

(f) With the exception of subparts (1) and (2) in Section 9(d) above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Agreement, then the balance of this

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arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subparts (1) and (2) in such section (prohibiting arbitration on a class or collective basis) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in New York, New York.

(g) Notwithstanding any provision in these Terms to the contrary, if we seek to terminate the Dispute Resolution section as included in these Terms, any such termination shall not be effective until 30 days after the version of these Terms not containing the agreement to arbitrate is posted to the website, and shall not be effective as to any claim of which you provided us with written notice prior to the date of termination. For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.

LIMIT OF TIME TO FILE

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to release, defend (at U Limo’s option), indemnify, and hold U Limo (including U Limo’s affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms, (ii) your improper use of the Services, (iii) your interaction with any Customer, including in any such case and without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such use or interaction, or (iv) your breach of any laws, regulations or third party rights such as (but not limited to) public intoxication, intellectual property or privacy laws.

INTERPRETING THESE TERMS.

Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms constitute the entire agreement between U Limo and you pertaining to your access to or use of the Services and supersede any and all prior oral or written understandings or agreements between U Limo and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and U Limo. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and

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will not affect the validity and enforceability of the remaining provisions.

NO WAIVER.

U Limo’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

ASSIGNMENT.

You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without U Limo's prior written consent. U Limo may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice. Your right to terminate this agreement at any time pursuant to applicable policy remains unaffected.

NOTICE.

Unless specified otherwise, any notices or other communications to Customers permitted or required under this agreement, will be provided electronically on the U Limo website and given by U Limo via email, messaging service (including SMS), or any other contact method we enable you to provide.

THIRD-PARTY SERVICES.

The website may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. U Limo is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.