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PLEASE
CAREFULLY READ THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS
SERVICE.
By the use of this site you have expressly agreed to the following
terms and conditions. If you do not agree with any part of the
following terms and conditions, you must not use this site.
1. COPYRIGHT DISCLOSURE.
5-Stars Connection, Inc. holds full copyright on material contained
within this web site. Unlawful duplication or distribution of any
material taken from this web site without consent from a
representative of 5-Stars Connection, Inc. is prohibited. Nothing
contained on this site should be construed as granting, by
implication, estoppels, or otherwise, any license or right to use
any of the Trademarks without the written permission of 5-Stars
Connection, Inc. or such other party that may own the Trademarks.
2. SERVICE CHANGE & CANCELLATIONS.
All
deposits are non-refundable after cancellation period.
All Cancellations must be made in writing by sending email to
cancellation@5starslimo.com. Changes and cancellations can be
made within 72 hours before pickup time by sending email to
cancellation@5starslimo.com. A full fare, including a 20%
gratuity, will be billed if a cancellation occurs less than time
specified before the scheduled pick up time.
A full fare, including a 20% gratuity, will be billed if the
passenger fails to be at the designated pickup location (No-show).
If for any reason, you could not locate the chauffeur, call the
dispatcher at 1-877-435-5466 to avoid being billed as a no-show. Do
not leave your location without communicating with our dispatcher.
5-Stars Connection, Inc. is not responsible for service delayed or
not rendered due to Mother Nature or circumstances beyond our
control. 5-Stars Connection, Inc does not guarantee vehicle
availability or price for reservation changes. (Very
Important: This terms and conditions do not apply
to PROM AND GRADUATION SERVICES; for questions please contact our
reservation agent at 1-877-435-5466)
b). The client assumes full financial liability for any damage to
the limousine caused during the duration of the rental by them or
any members of their party. A fee of 100.00 for each carpet or seat
burn. Sanitation fee is 250.00.
The driver has the right to terminate run without refund (if there
is blatant indiscretion on the part of the client(s)). It is Illegal
to stand through the sunroof. Smoking is not permitted in all of our
limousines and this is left to the discretion of the driver.
c). Overtime pay will apply after the first 15 minutes of
prearranged time described on the run sheet.
d). Not responsible for delays or the termination in winter caused
by unsafe road conditions (ie. not salted, accidents, etc.).
e). We are NOT responsible for articles left in the limousine.
f). Balances to be paid to the driver on the run date before the
beginning of the run.
g). Vehicles cannot be loaded beyond seating capacity.
3. PRIVACY.
You have read the 5 Stars Connection, Inc. Privacy Policy, the terms of
which are incorporated herein, and agree that the terms of such
policy are reasonable. You consent to the use of your personal
information by 5 Stars Connection, Inc. and/or its third party providers
and distributors in accordance with the terms of and for the
purposes set forth in the 5 Stars Limo Service Privacy Policy.
4. DISCLAIMER OF WARRANTY
YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN AS IS
AND AS AVAILABLE BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SERVICE
IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, 5 STARS
LIMO SERVICE AND ITS AFFILIATES DO NOT GUARANTEE SERVICE. WE
DISCLAIM WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT
LIMITING THE FOREGOING, NEITHER 5 STARS LIMO SERVICE NOR ANY OF ITS
AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, LICENSORS,
EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (i) THAT THE
SERVICE, INCLUDING ITS CONTENT, WILL MEET YOUR REQUIREMENTS OR BE
ACCURATE, COMPLETE, RELIABLE, OR ERROR FREE; (ii) THAT THE SERVICE
WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE,
TIMELY, OR SECURE; (iii) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT
THE SERVICE WILL BE FREE FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER
HARMFUL PROPERTIES; (iv) THE ACCURACY, RELIABILITY, TIMELINESS, OR
COMPLETENESS OF ANY REVIEW, RECOMMENDATION, OR OTHER MATERIAL
PUBLISHED OR ACCESSIBLE ON OR THROUGH THE SERVICE OR THE SITE; (v)
THE AVAILABILITY FOR SALE, OR THE RELIABILITY OR QUALITY OF ANY
PRODUCTS DISCUSSED, REVIEWED BY USERS OR REFERENCED USING THE
SERVICE; (vi) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR
USAGE OF TRADE; AND (vii) THAT THE SERVICE IS NON-INFRINGING. 5
STARS LIMO SERVICE AND ITS AFFILIATES HEREBY DISCLAIM, AND YOU
HEREBY WAIVE AND RELEASE 5 STARS LIMO SERVICE AND ITS AFFILIATES
FROM, ANY AND OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES
IN TORT ARISING OUT OR IN CONNECTION WITH THIS AGREEMENT, THE
SERVICE OR THE SOFTWARE, WHETHER OR NOT ARISING FROM THE NEGLIGENCE
(ACTIVE, PASSIVE OR IMPUTED) OF 5 STARS LIMO SERVICE OR ITS
AFFILIATES.
IF YOU PURCHASE A PRODUCT OR SERVICE REVIEWED BY ANOTHER USER OF THE
SERVICE OR OTHERWISE AS A RESULT OF USING THE SERVICE OR ANY REVIEW,
AND A DISPUTE ARISES BETWEEN YOU AND THE SELLER, YOU RELEASE 5 STARS
LIMO SERVICE AND ITS AFFILIATES, AND ANY OF ITS OR THEIR OFFICERS,
DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES, FROM ANY CLAIMS,
DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND
NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND
UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH
DISPUTES.
YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION OR OTHER CONTENT
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS
DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR CONTENT.
SOME JURISDICTIONS DO NOT OW THE EXCLUSION OF IMPLIED WARRANTIES, SO
THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER
LEGAL RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
5. LIMITATION OF LIABILITY
IN NO EVENT SHALL 5 STARS LIMO SERVICE OR ANY OF THEIR AFFILIATES,
OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE
OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION) ARISING OUT OF (i)
USE OF THE SERVICE BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY
DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES,
ERRORS OR OMISSIONS IN, ANY INFORMATION AND CONTENT ACCESSED OVER
THE SERVICE, (ii) ANY USE OR INABILITY TO USE THE SERVICE FOR
WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE
OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY
INFORMATION ACCESSED THROUGH THE SERVICE, OR (iii) ANY GOODS OR
SERVICE DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY,
THROUGH THE SERVICE, IN EACH CASE EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT OWN THESE LIMITATIONS OR EXCLUSIONS SO
THEY MAY NOT APPLY TO YOU.
6. APPLICABLE LAW; JURISDICTION AND VENUE
This Agreement shall be governed by and construed in accordance with
the laws of the State of California and the Federal Arbitration Act,
without giving effect to any principles of conflicts of laws, and
you hereby consent to the exclusive jurisdiction of the state and
federal courts sitting in Alameda County, California.
7. ARBITRATION
You and 5 Stars Limo Service agree any and disputes and claims
relating in any way to this Agreement (including the arbitration of
any claim or dispute and the enforceability of this paragraph), with
the exception set forth in the next paragraph, shall be submitted to
and resolved by means of confidential arbitration conducted in the
State of California, Alameda County. If you and 5 Stars Limo Service
cannot agree on arbitrators, the Presiding Judge of the Alameda
County Superior Court shall appoint them. The arbitration shall be
conducted under the then prevailing Commercial Arbitration Rules of
the American Arbitration Association (AAA). You and 5 Stars Limo
Service Internet may litigate in court only to compel arbitration
under this Agreement or to confirm, modify, vacate or enter judgment
on the award rendered by the arbitrators. The arbitrator's award
shall be binding and may be entered as a judgment in any court of
competent jurisdiction. The United Nations Convention of Contracts
for the International Sale of Goods, the application of which is
hereby excluded, will not govern this Agreement. To the fullest
extent permitted by applicable law, no arbitration under this
Agreement shall be joined to an arbitration involving any other
current or former user of the Service, whether through class
arbitration proceedings or otherwise.
However, to the extent you have in any manner violated or threatened
to violate 5 Stars Limo Service intellectual property rights, 5
Stars Limo Service may seek injunctive or other appropriate relief
in any state or federal court in the State of California, and you
consent to exclusive jurisdiction and venue in such courts.
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