YELLOW CAB / ALLTHREES TERMS OF SERVICE

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Using Our App Means Accepting these Terms

These Terms and Conditions (the “Terms”) are the Agreement between Yellow Cab Co. and/or Executive Transportation Co., Inc. d/b/a Allthrees Luxury Sedan & Taxicab Service (the “Company”) and you (“You”). These Terms govern Your use of the website http://www.allthrees.com and/or the smart phone and/or tablet application Philadelphia Allthrees (collectively, the “Service”). By using the Service, You agree that You have read and agreed to these Terms. We reserve the right to update these Terms from time to time without notice. Any changes that we make will become part of these Terms when we make them. You should therefore review these Terms periodically. If you cannot agree to these Terms, please do not use the Service.

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Privacy and Communications

You agree that the Company may send You e-mails and text messages related to the Service, including updates, special offers and marketing materials. You may opt out of receiving such communications by selecting the appropriate option when you receive such communications.

Accounts, Passwords and Security

You may be required to register to access and/or use the Service. You are responsible for keeping Your password secure, and You are solely and strictly liable for any activity that occurs under Your user name.

 

Acceptable Use and Conduct

You are solely responsible for Your use of the Service. The Service may be used for lawful purposes only. Unauthorized and/or unacceptable use of the Service is a violation of these Terms and may subject You to criminal and/or civil liability.

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Closest Available Means of Transportation

By using the Service, You acknowledge and agree that the Company may, in its sole discretion, dispatch either a taxicab or luxury sedan in response to any request related to the Service. In the event that the Company is unable for any reason to provide the Service in response to a request, the Company may, but is not required to, notify You of that fact.

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DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED “AS IS” AND YOU USE IT AT YOUR OWN RISK. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND THE WARRANTY OF NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT OR ENSURE CONTINUOUS, ERROR-FREE, SECURE OR VIRUS-FREE OPERATION OF THE SERVICE OR YOUR ACCOUNT. YOU UNDERSTAND AND AGREE THAT YOU SHALL NOT BE ENTITLED TO MAKE ANY CLAIM BASED ON THE COMPANY’S FAILURE, IRRESPECTIVE OF FAULT, TO PROVIDE THE SERVICE. THE COMPANY THEREFORE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE RELIABILITY, SUITABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE. THE COMPANY FURTHER DOES NOT WARRANT THAT: (1) THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR FREE; (2) THE SERVICE WILL OPERATE IN COMBINATION WITH ANY PARTICULAR HARDWARE, OTHER APPLICATIONS, SYSTEMS OR DATA; (3) THE SERVICE WILL MEET YOUR NEEDS OR EXPECTATIONS; (4) STORED DATA WILL BE ACCURATE OR SECURE; AND/OR (5) THAT THE SERVICE AND SEVER(S) THAT MAKE THE SERVICE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WITHOUT LIMITING THE FOREGOING, THE SERVICE IS NOT DESIGNED OR LICENSED FOR USE IN EMERGENCIES. DO NOT USE THE SERVICE AS A MEANS OF TRANSPORTING, OR ATTEMPTING TO TRANSPORT, INDIVIDUALS EXPERIENCING THREATS TO THEIR SAFETY OR WELL-BEING.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF PARTICULAR WARRANTIES, AND, TO THAT EXTENT, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT YOU LIVE IN A JURISDICTION THAT REFUSES TO ENFORCE THE FOREGOING DISCLAIMERS, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, TO THE EXTENT PERMITTED BY LAW.

LIMITATION OF LIABILITY

IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR TO THIRD PARTIES FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF PROFITS OR FEES AND COSTS ASSOCIATED IN ANY WAY WITH MISSING BUSES, TRAINS, FLIGHTS OR ANY OTHER METHOD OF TRANSPORTATION THAT YOU INTENDED TO USE IN CONJUNCTION WITH OR SUBSEQUENT TO THE SERVICE) ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OR MISUSE OF THE SERVICE AND/OR YOUR ACCOUNT, WHETHER IN AN ACTION IN CONTRACT, TORT, EQUITY OR OTHERWISE.

YOU VOLUNTARILY ENGAGE IN THE ACTIVITY OF INTERNET USE OR OTHER ELECTRONIC REQUESTS AND BEAR THE RISKS ASSOCIATED WITH THAT ACTIVITY. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO YOUR COMPUTER OR YOUR DATA THAT RESULTS FROM SUCH ACTIVITY. IN NO EVENT WILL THE COMPANY HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR UNAUTHORIZED ACCESS TO OR USE, ALTERATION, CORRUPTION, THEFT OR DESTRUCTION OF YOUR DATA AND/OR YOUR ACCOUNT.

THE COMPANY’S LIABILITY IS EXPRESSLY LIMITED FOR ANY REASON AND UPON ANY CAUSE OF ACTION TO THE AMOUNT YOU ACTUALLY PAID TO THE COMPANY FOR THE INSTANCE OF SERVICE USE AT ISSUE, OR, WHERE NO PAYMENT HAS BEEN MADE, TO THE AMOUNT OF THE CHARGE APPLICABLE TO THE INSTANCE OF USE AT ISSUE.

SOME JURISDICTIONS’ LAWS PROHIBIT THE FOREGOING LIMITATION OF LIABILITY PROVISION. TO THE EXTENT THAT YOU LIVE IN A JURISDICTION THAT REFUSES TO ENFORCE THE FOREGOING PROVISION, THE COMPANY’S LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY THE LAW OF THAT JURISDICTION.

 

Indemnification

You agree to indemnify, defend and hold harmless the Company from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from or related in any way whatsoever to: (1) Your use or misuse of the Service; (2) the use of misuse of the Service by others accessing Your account; and (3) any breach of these Terms by You.

 

Termination of Service

We reserve the right to terminate Your account at any time and for any reason so long as permitted by law.

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Intellectual Property

You acknowledge and agree that the Company owns all right, title and interest in and to the Service, including without limitation all intellectual property rights. You agree that You will not copy, reproduce, alter, reverse engineer, clone, modify or re-sell the Service or create derivative works from the Service.

 

Force Majeure

Neither party shall be responsible for any failure to perform, or delay in performing any of its obligations under these Terms, where and to the extent that such a failure or delay results from causes outside the control of such party. Such causes shall include, without limitation, failures caused by a third-party service, acts of God or of the public enemy, acts of the government in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, freight embargoes, strikes, civil commotion or the like.

 

Dispute Resolution by Arbitration

YOU AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS, THE SITE AND/OR THE SERVICE SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) either of us may seek injunctive relief in state or federal court located in Philadelphia County, Pennsylvania concerning infringement, misappropriation or other violation by either of us of the other party's Intellectual Property Rights, and (b) the Company may seek injunctive relief in state or federal court located in Philadelphia County, Pennsylvania concerning violation by You of any of these Terms, and in both such cases (a) and (b), the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration shall be in Philadelphia, Pennsylvania, and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

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To the fullest extent permitted by applicable law, YOU AND THE COMPANY 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, AND THAT NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICES. IN NO EVENT SHALL ANY CLAIM, ACTION OR PROCEEDING BY YOU RELATED IN ANY WAY TO THE SERVICE (INCLUDING YOUR USE OF THE SERVICE) BE INSTITUTED MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE.

 

Choice of Law and Forum

You agree that all disputes related in any way to or arising from Your use of the Service shall be governed, without respect to conflict of law principles, by the laws of the Commonwealth of Pennsylvania. Any proceedings related in any way to Your use of the Service of to these Terms shall occur in Philadelphia, Pennsylvania.