Terms Of Service

www.cabbielist.com (hereinafter referred to as “cabbielist” or “website” or “Site” or "We" or "Us" or "Our"), with its office located at 22 Meridian Rd, Suite 19, Edison NJ 08820 and doing business under Company SmallArc Inc. The website offers information and a means to obtain taxi/transportation services offered by third party service providers such as taxi companies, taxi drivers, taxi operators etc. (hereinafter collectively referred to as “third party service providers”).

By using the Site, you (hereinafter referred to as “Customer”, “your”, “you”) agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site and Services, and constitute a binding legal agreement between you and us.

Please read carefully these Terms and our Privacy Policy, which may be found at Privacy Policy and which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site. Failure to use the Site in accordance with these Terms may subject you to civil and criminal penalties.

THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH TAXI COMPANIES, TAXI OPERATORS, TAXI DRIVERS ETC. MAY CREATE LISTINGS FOR THE SERVICES BEING OFFERED BY THEM AND CUSTOMERS MAY LEARN ABOUT THE SERVICES AND AVAIL THEM. YOU UNDERSTAND AND AGREE THAT WE ARE NOT A PARTY TO ANY AGREEMENT ENTERED INTO BETWEEN THIRD PARTY SERVICE PROVIDERS AND CUSTOMERS. WE HAVE NO CONTROL OVER THE CONDUCT OF THIRD PARTY SERVICE PROVIDERS, CUSTOMERS AND OTHER USERS OF THE SITE AND SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.

The use of this Website constitutes your consent to, and agreement to, abide by the most current version of these terms and conditions (the "Terms"). We may at any time revise these terms and conditions by updating the Terms. You agree to be bound by subsequent revisions and agree to review the Terms periodically for changes to the terms and conditions. The most up to date version of the Terms will always be available for your review under the "Terms of Use" link that appears at the bottom of the Website.

This website reserves the right to recover the cost of services, collection charges and lawyer’s fees from persons using the Site fraudulently. This website reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.

PLEASE READ THESE TERMS OF USE AND CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.

IN USING THIS WEBSITE YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS SET FORTH HEREIN. ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. YOU AGREE TO USE THE WEBSITE ONLY IN STRICT INTERPRETATION AND ACCEPTANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT YOUR OWN RISK. THESE TERMS AND CONDITIONS FORM PART OF THE AGREEMENT BETWEEN THE USER AND US. BY ACCESSING THIS WEBSITE AND/OR UNDERTAKING TO PERFORM A SERVICE BY US INDICATES YOUR UNDERSTANDING, AGREEMENT TO AND ACCEPTANCE, OF THE DISCLAIMER NOTICE AND THE FULL TERMS AND CONDITIONS CONTAINED HEREIN.

Both, the third party Service providers and the customers shall be referred to as the Users of this website.

1. SERVICES:

1.1 This website offers the third party service providers to register/create an account on the website after which they shall list or advertise the taxi services on the website which they offer to the customers.

1.2 The third party service providers who wish to list and advertise their services on our website have an option to list their services under two categories i.e. verified taxi services and non-verified taxi services. In the case of verified taxi service, our website verifies only the contact number and address of the third party service providers. We do not perform background checks on third party service providers.

1.3 The customers shall use this website as a platform where they can get information about the services being offered by third party service providers.

1.4 This website provides information only and does not make bookings/reservations etc. through the website. Thus, if the customers wish to avail the services of third party service providers then the customers shall approach them via the contact information mentioned on the website.

1.5 The website shall make reasonable efforts to bring you in contact with the third party Service Provider in order to obtain taxi Service subject to availability of the third party Service Provider.

1.6 For the avoidance of doubt, it is clarified that the website itself does not provide taxi services. It is the third party Service Provider who shall render taxi service to you. The provision of the taxi services by the third party Service Provider to you is therefore subject to the agreement (to be) entered into between you and the third party Service Provider and the website shall never be a party to such agreement. Even after acceptance of booking, the third party Service Provider may not reach your pick up location or decide not to render his services in which event the website shall not be held liable to you.

2. REGISTRATION AND PROFILE:

2.1 It is mandatory for the third party service providers to create/register an account on our website in order to list and advertise their taxi services on our website. In order to create an account on our website the third party service providers shall be required to provide us with their personal information such as name, company name, email address, contact number, address, password etc.

2.2 Most customers do not require registration in order to visit. However, in order to access certain features of specific Websites, including posting a comment, you may be required to register with the Website and create a "Profile" account. Your Profile account allows you access to the services and functionality of the Website to post a question, answer, article, comment or review and any other services and functionality that we may establish and maintain from time to time in our sole discretion.

2.3 The third party service providers and the customers when creating their Profile, must provide accurate information. They may receive a password and account designation upon completing their Profile.

2.4 The third party service providers and customers must not allow someone else to use their Profile, nor can they use someone else's Profile. The third party service providers and customers must keep the password to their Profile secure and they must notify us immediately of any unauthorized use of, or security breach connected with, their Profile.

2.5 The third party service providers and customers are responsible for all answers, articles, comments and reviews posted from, or any other activity connected with, their Profile.

2.6 We shall not be liable for any losses caused by any unauthorized use of your Profile; however, you are liable to us for any losses to us or others caused by such unauthorized use.

2.7 In order to create a Profile account and post answers, articles, comments or reviews, you must be at least 18 years of age and be fully able and competent to enter into, agree to, and comply with, this Agreement.

2.8 By providing your e-mail address, you consent to us using the e-mail address to send you notices related to the Website(s), including any notices required by law.

3. USE OF INFORMATION:

3.1 This Website and all portions thereof, including all content therein, are the sole and exclusive property of CabbieList or its licensors. Provided you agree and comply with the terms of This Website, you are permitted to view and use a single copy of This Website for your personal, non-commercial use, provided, however, that you may not publish, sell, exploit, modify, distribute, perform, or create derivative works from or further duplicate any part of This Websites unless expressly authorized by CabbieList or its affiliates in writing.

3.2 You agree that you will not remove or modify any acknowledgements, credits, or legal notices contained on the websites. Use of This Website to solicit or market to businesses that appear on the website is strictly prohibited. In addition, use of this Website in any way not expressly permitted by this Agreement is prohibited and may be actionable under United States or international law.

3.3 You may not display This Website in frames or utilize any other techniques to display This Website (or any content on This Website) without the prior express written consent of CabbieList. You may not use any meta tags or any other "hidden text" utilizing CabbieList’s name or trademarks without the prior express written consent of CabbieList Media. You may not use CabbieList’s domain name as a pseudonymous return email address for any communications that you transmit from another location or through another service. You may not pretend to be someone else (or spoof their identity) when using This Website. You may not link to This Website, without CabbieList’s prior consent, which consent may be withdrawn by CabbieList at any time, with or without notice, in CabbieList Media’s sole discretion.

3.4 You agree not to use or permit others to use This Website in ways that (i) violate any applicable law or regulation or any of our policies, (ii) infringe the rights of others, or (iii) interfere with the users, services, or equipment of our network or other networks. You agree to cooperate with CabbieList and provide requested information in connection with all security and use matters relating to This Website and to notify us promptly if you suspect unauthorized use of This Website or your account.

3.5 CabbieList reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Such cooperation may include the provision of account or user information or email and monitoring our network and/or the networks of our third party licensors, suppliers and providers.

3.6 Documents published by CabbieList on This Website may contain other proprietary notices or describe products, services, processes or technologies owned by CabbieList or third parties. Except as expressly set forth herein, nothing contained herein shall be construed as granting to the user a license under any copyright, trademark, patent or other intellectual property right of CabbieList or any third party. Except as expressly granted under this Agreement, all rights are reserved by CabbieList.

4. CONTENT:

4.1 Please choose carefully the information that you list or post on, through or in connection with the Services and that you provide to other Users. Your Profile may not include any form of Prohibited Content, as mentioned in this Agreement. If you (user) become aware of misuse of our Services by any person or Linked Service, please report the Content directly to our support team at support@cabbielist.com

4.2 We may reject, refuse to list or post or delete any Content that, in our sole judgment, violates this Agreement, is inappropriate for our Services or which may be offensive, illegal or violates the rights of any person or entity, or harms or threatens the safety of any person or entity. However, we are not obligated to take any action not required by law. We, may, but assume no responsibility or obligation for reviewing or monitoring our Services for inappropriate Content or conduct. If at any time we choose, at our sole discretion, to review or monitor the Services, we nonetheless assume no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

4.3 You are solely responsible for the Content that you list or post on, through or in connection with any of our Services and/or Linked Services, and any material or information that you transmit to other Members and for your interactions with other Users. Any breach by you of this Section will be subject to the indemnification obligations. We reserve the right to request at any time proof of the permissions referred to above in a form acceptable to us. Failure to provide such proof may lead to, among other things, the Content in question being removed from our Services.

4.4 We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications recorded or sent via our website or otherwise accessible via our website or endorse any opinions expressed via our website. You understand that by using our website, you may be exposed to Content that might be offensive, harmful, inaccurate, or otherwise inappropriate, or in some cases, Content that may be deceptive. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content transmitted or otherwise made available via our website or broadcast elsewhere.

5. PROHIBITED CONTENT:

5.1 You will not use the website to:

a) Record, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;

b) Harm minors in any way;

c) Impersonate any person or entity, including, but not limited to, any of our employees, or falsely state or otherwise misrepresent your affiliation with a person or entity;

d) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any of our messages or Content transmitted through our website;

e) Record, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary or confidential information learned or disclosed as part of an employment relationship or under a nondisclosure agreement);

f) Record, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of any party;

g) Record, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

h) Interfere with or disrupt the website or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the website;

i) Intentionally or unintentionally violate any applicable local, state, national, or international law and any regulations having the force of law;

j) “Stalk” or otherwise harass another; and/or

k) Collect or store personal data about any other user.

5.2 You shall not post/share etc., on our website, any content that:

a) is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;

b) harasses or advocates harassment of another person;

c) exploits people in a sexual or violent manner;

d) contains nudity, excessive violence, or offensive subject matter or links to an adult website;

e) solicits or is designed to solicit personal information from anyone under age 18;

f) solicits or is designed to solicit an inappropriate or unlawful relationship with another User;

g) publicly posts information that poses or creates a privacy or security risk to any person (including, for example, by publicly posting any person's contact information on our Services without authorization);

h) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

i) constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music, video or links to pirated music or video files;

j) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, or "spamming";

k) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

l) furthers, promotes or depicts any illegal or criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

m) depicts firearms or other weapons that is not related to sportsman activities;

n) solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users;

o) includes a photograph or video of another person that you have posted without that person's consent;

p) uses sexually suggestive imagery or any unfair, misleading or deceptive Content intended to draw traffic to the profile; or

q) violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.

5.3 You acknowledge that while we do not, in the ordinary course, access, review, or pre-screen Content, we have the right (but not the obligation), in our sole discretion, to access, review, pre-screen, refuse, or remove any Content that is available via our website. Without limiting the foregoing, we have the right to remove any Content that violates these Terms or is otherwise objectionable in our sole discretion. We also reserve the right to access, preserve, and disclose any Content or information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce these Terms, including, but not limited to, investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security, or technical issues, (d) respond to user support requests, or (e) protect the rights, property, or safety of our, website, its users, and the public.

6. YOUR RIGHTS AND LICENSE TO CONTENT:

6.1 You retain your rights to any Content you list, post or upload on our website. By listing, posting or uploading Content using our website, you grant us a limited, perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, create derivative works of, transmit, host, display, and distribute such Content in any and all media or distribution methods (now known or later developed) as necessary to provide the r website and in accordance with these Terms.

6.2 You further agree that this license includes the right for us to modify or adapt your Content in order to transmit, display, or distribute it over mobile networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services, or media.

6.3 You are solely responsible for your use of the website, for any content you provide, and for any consequences thereof, including, but not limited to, the use of your content by us. Without limiting the foregoing, you represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any Content that you submit.

6.4 You will indemnify and hold us harmless from and against any and all claims, suits, disputes, actions, losses, judgments, and costs (including, but not limited to, attorneys’ fees) arising out of or relating to any one or more of the following: (a) your use of or access to our website, (b) your provision of any Content or other information to or through the website, (c) any third party claim that any Content you provide infringes, misappropriates, or otherwise violates any Rights, and (d) your violation of any of these Terms.

7. CABBIELIST RIGHTS:

All right, title, and interest in and to the website (excluding Content provided by users) is and will remain the exclusive property of us and our licensors. The website service is protected by copyright, trademark, and other laws of United States. Nothing in these Terms gives you a right to use the name of the website or website’s trademark or logo, or any other trademarks, logos, domain names, or other distinctive brand features relating to the website or located on the website. Any feedback, comments, and suggestions you may provide regarding the website or us (“Feedback”) are entirely voluntary and you grant us a perpetual, irrevocable, worldwide, royalty-free license (with the right to sublicense) to use, reproduce, modify, create derivative works of, commercialize, and otherwise freely exploit such Feedback (including, but not limited to, all Rights therein) as we see fit and without any payment or other obligation to you.

8. INTELLECTUAL PROPERTY RIGHTS:

8.1 www.cabbielist.com Services contain Content owned by CabbieList. Our Content is protected by copyright, trademark, patent, trade secret and other laws, and the website owns and retains all rights in the website’s Content and the services. From time to time, we may make available to Users certain explicitly designated Content for Users use, but only for such purposes as may be explicitly stated at the time that the website’s Licensed Elements are made available on the website; but we and our licensors and certain other third parties, as the case may be, retain ownership of such website’s Licensed Elements. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any website’s Content, and (ii) may be immediately suspended or terminated for any reason, in our sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of our Content and/or our Licensed Elements, subject to certain Additional Terms. You are only granted a limited license, and, as between you and us, there is not a sale with respect to our Content.

8.2 We respect the intellectual property rights of others and expect users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are promptly and properly provided to us. If you have a reason to believe that Your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:

(i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;

(ii) identification of the copyrighted work claimed to have been infringed;

(iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

(iv) Your contact information, including your address, telephone number and an email address;

(v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) a statement that the information in the notification is accurate, and that You are authorized to act on behalf of the copyright owner.

8.3 We have the right to remove the Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if we determine that the user is a repeat infringer.

8.4 Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is: support@cabbielist.com.

9. TERMINATION:

9.1 The Terms will continue to apply until terminated by either you or us as set forth below.

a. You may end your legal agreement with us at any time for any reason by deactivating your accounts and discontinuing your use of the website. If you stop using our website without deactivating your accounts, we may deactivate your accounts due to prolonged inactivity.

b. We may suspend or terminate your accounts, reclaim your username, or cease providing you with all or part of website service at any time for any reason without any liability to you, including, but not limited to, if we reasonably believe: (i) you have violated these Terms; (ii) you create risk or possible legal exposure for us; or (iii) our provision of the website to you is no longer commercially viable. We will make reasonable efforts to notify you of any suspension or termination of your account by the e-mail address associated with your account or the next time you attempt to access your account.

9.2 Nothing in this Section will limit or affect our rights to change, limit, or stop the provision of the website service without prior notice.

10. LINKS TO THIRD PARTY SITES:

10.1 The Service may include links to other sites and services that are not operated by us. We are providing these links to you only as a convenience and are not responsible for the content or links displayed on such sites. You are responsible for and assume all risk arising from your use or reliance of any third party sites. We may provide tools through the Service that enable you to export information, including without limitation Content, to third party services. By using these tools, you agree that we may transfer such information to the applicable third-party service. Such third party services are not under our control, and we are not responsible for their use of your exported information.

10.2 Linked Services created by third party developers may be available on, through or in connection with our Services. Linked Services include applications, websites, desktop, wireless, mobile and other services available from third parties which can be installed onto your Profile, or elsewhere on our Services, shared with other Users on our Services, otherwise accessed via our Services, or which may link to your Profile from outside of our Services. Linked Services may use your Profile information, friends and/or other Profile Content on the Linked Service and share activity events between us and the Linked Service (depending on the features the Linked Service chooses to make available). We may offer you certain ability to control what is initially shared with Linked Services through your Profile Settings, or permission options otherwise made available to you (e.g., when downloading, accessing or activating Linked Services), and we will use good faith efforts to honor those choices.

10.3 Third parties that offer Linked Services may also provide you with certain options and choices, but keep in mind that when you engage with a Linked Service, you are interacting with a third party, not with us. We do not control the third party, and cannot dictate its actions. If you choose to use a Linked Service, the Linked Service may collect, store, use and share your data in accordance with the terms of service and privacy policy of and your privacy settings (if any) on such Linked Service (not our privacy settings or privacy policy). In addition, the third party providing the Linked Service may use other parties to provide portions of the service to you, such as technology, development or payment services. We may have limited control or no control at all over the content, operations, policies, terms, or other elements of Linked Service, and we do not assume any obligation to review any Linked Service. We do not endorse, approve, or sponsor any Linked Service, or any third-party content, advertising, information, materials, products, services, or other items.

10.4 We are not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such Linked Services and make no warranties, express or implied, as to the Linked Services or the providers of such Linked Services (including, but not limited to, the privacy practices thereof). We encourage you not to provide any personally identifiable information to any Linked Service unless you know and are comfortable with the third party with whom you are interacting.

10.5 Finally, we will under no circumstances be liable for any direct, indirect, incidental or special loss or other damages, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within Linked Services. Any activities you engage in with any of the same, including but not limited to the provision of Content or data to them, are subject to the privacy and other policies, terms and conditions of use, and rules issued by the operator of the Linked Service so we encourage you to review them carefully.

11. PRIVITY OF CONTRACT WITH YOU:

If you enter into correspondence or engage in commercial transactions with third parties in connection with your use of the cabbielist Services, such activity is solely between you and the applicable third party. We shall have no liability, obligation or responsibility for any such activity. You hereby release us from all claims arising from such activity.

12. CONTENT DISCLAIMER:

12.1 CabbieList communicates information provided and created by taxi services providers, operators, companies, drivers, advertisers, content partners, software developers, publishers, marketing agents, employees, users, resellers and other third parties. While every attempt has been made to ascertain the authenticity of the content on the Platforms, we have no control over content, the accuracy of such content, integrity or quality of such content and the information on our pages, and material on the Platform may include technical inaccuracies or typographical errors, and we make no guarantees, nor can we be responsible for any such information, including its authenticity, currency, content, quality, copyright compliance or legality, or any other intellectual property rights compliance, or any resulting loss or damage. Further, we are not liable for any kind of damages, losses or action arising directly or indirectly due to any content, including any errors or omissions in any content, access and/or use of the content on the Platforms or any of them including but not limited to content based decisions resulting in loss of data, revenue, profits, property, infection by viruses etc.

12.2 All of the data on services and promotions including but not limited to, the prices and the availability of service or any feature thereof, is subject to change without notice by the party providing the service or promotion. You should use discretion while using the Platforms.

12.3 CabbieList reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Platforms. Where appropriate, we will endeavor to update information listed on the Website on a timely basis, but shall not be liable for any inaccuracies.

12.4 Links to external Internet sites may be provided within the content on Website or other Platforms as a convenience to users. The listing of an external site does not imply endorsement of the site by CabbieList or its affiliates. CabbieList does not make any representations regarding the availability and performance of its Platforms or any of the external websites to which we provide links. When you click on advertiser banners, sponsor links, or other external links from the Website or other Platforms, your browser automatically may direct you to a new browser window that is not hosted or controlled by us. We are not responsible for the content, functionality, authenticity or technological safety of these external sites. We reserve the right to disable links to or from third-party sites to any of our Platforms, although we are under no obligation to do so. This right to disable links includes links to or from advertisers, sponsors, and content partners that may use our Marks as part of a co-branding relationship.

12.5 Some external links may produce information that some people find objectionable, inappropriate, or offensive. We are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any externally linked websites. We do not screen or investigate taxi business listing before or after including them in our listings that become part of the Materials on our Platforms, and we make no representation and assume no responsibility concerning the content that third parties submit to become listed on our website.

13. WARRANTY DISCLAIMER:

13.1 Please remember that any provider of taxi services is entitled to register with us. We do not examine whether the advertisers are good, reputable or quality sellers. You must satisfy yourself about all relevant aspects prior to availing of the terms of service. We have also not negotiated or discussed any terms of engagement with any of the third party service providers/advertisers. The same should be done by you. Availing of services from third party service providers/advertisers shall be at your own risk.

13.2 We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any services, deals, coupons or other promotions or materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the website.

13.3 References that we make to any names, marks, services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the website.

13.4 Any use of the website, reliance upon any Materials, and any use of the Internet generally shall be at your sole risk. CabbieList disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the search results in the website.

13.5 THE MATERIAL AND THE WEBSITE USED TO PROVIDE THE MATERIAL ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CABBIELIST DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE PLATFORMS AND MATERIALS. CABBILELIST DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

13.6 CABBIELIST DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE PLATFORMS SOME COUNTRIES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY AND JURISDICTION TO JURISDICTION.

13.7 All the Users are cautioned that all and any information of whatsoever nature provided or received from the third party service providers/Advertiser/s is taken in good faith, without least suspecting the bonafides of the third party service providers/Advertiser/s and CabbieList does not confirm, does not acknowledge, or subscribe to the claims and representation made by the third party service providers/Advertiser/s listed with us. Further, CabbieList is not at all responsible for any act of third party service providers/Advertiser/s listed at CabbieList.

14. LIMITATION OF LIABILITY:

14.1 IN NO EVENT SHALL CABBIELIST BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER'S USE, MISUSE OR RELIANCE ON THE WEBSITE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF CABBIELIST ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE WEBSITE, THE MATERIALS OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY WEBSITES. CABBIELIST DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE PLATFORMS OR OTHER MATERIAL ACCESSIBLE FROM THE WEBSITE.

14.2 THE USER OF THE WEBSITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE AND THE INTERNET GENERALLY. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH COUNTRIES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

15. INDEMNITY:

15.1 You agree to indemnify and hold us and our officers, directors, employees, consultants, affiliates, subsidiaries and agents harmless from and against any and all claims, costs, damages, liabilities, and expenses (including without limitation attorneys’ fees) we incur in relation to or arising from (i) your access to or use of the Service, (ii) your violation of the Terms or any applicable law or regulation, (iii) your violation of any rights of any third party, including without limitation intellectual property rights or rights of publicity, confidentiality, property or privacy; or (iv) any disputes or issues between you and any third party.

15.2 We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.

15.3 You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to the Company Properties.

16. CHANGES TO THE TERMS:

We reserve the right, at our discretion, to change the Terms on a going-forward basis at any time. Please check the Terms periodically for changes. In the event that a change to the Terms materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change. We may provide notice through a pop-up or banner within the Service, by sending an email to any address you may have used to register for an Account, or through other similar mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, we may require you to provide consent by accepting the changed Terms. If we require your acceptance of the changed Terms, changes are effective only after your acceptance. If you do not accept the changed Terms, we may terminate your access to and use of the Service. All other changes are effective upon publication of the changed Terms. Disputes arising under the Terms will be resolved in accordance with the Terms in effect at the time the dispute arose.

17. GOVERNING LAW AND JURISDICTION:

These Terms and any action related thereto will be governed by the laws of United States without regard to or application of its conflict of law provisions or your state or country of residence. You agree to submit to the exclusive jurisdiction of the courts in The United States and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

18. DISPUTE RESOLUTION AND ARBITRATION:

In the interest of resolving disputes between you and us in the most expedient and cost effective manner, you and we agree that any and all disputes arising in connection with the Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of the Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

19. ASSIGNMENT:

You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law, merger, or otherwise, without obtaining our prior written consent, which may be withheld in our sole discretion. We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, without your consent. Any assignment or delegation in violation of the foregoing will be null and void. These Terms will be binding and inure to the benefit of each party’s permitted successors and assigns.

20. WAIVER AND SEVERABILITY:

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary to comply with applicable law, and the remaining provisions of these Terms will remain in full force and effect.

21. RELEASE:

You hereby release the us, our successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the website Properties, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of the Company Properties.

22. FORCE MAJEURE:

The website shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

23. ABILITY TO ACCEPT TERMS OF USE:

You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

24. CONSENT TO ELECTRONIC COMMUNICATIONS:

The communications between you and the website use electronic means, whether you visit the website Properties or send the CabbieList e-mails, or whether the website posts notices on the website Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from the website in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that the website provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

25. ENTIRE AGREEMENT:

These Terms, including the Privacy Policy, are the entire and exclusive agreement between you and us regarding the website (excluding any services for which you have a separate agreement with us that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between you and us regarding the website.

26. COMPLAINTS AND QUERIES:

If you are not happy with any aspect of our service, or if you have any queries or comments, please email us at support@cabbielist.com

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