B. Terms and Conditions

PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY BEFORE USING THIS SITE

YOUR USE OF THIS SITE OR THE SERVICES CONSTITUTES AGREEMENT TO THE TERMS AND CONDITIONS OF USE AGREEMENT SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE.

Acceptance of Terms

Yellow Cab USA, Inc.. (“we” or “Company”) provides online services, including a directory of paid and unpaid listings of transportation companies and other service providers accessible from Company telephone numbers and Company websites, including this site, and various other services, (collectively referred to hereafter as the “Service") subject to the following Terms and Conditions of Use ("Terms" or “Agreement”), which we may update from time to time. We will provide notice of materially significant changes to the Terms by posting notice on this site.

By accessing and/or using the Services in any way, including by accessing this site or dialing a Company telephone number, you are agreeing to be bound by and to comply with this Agreement.  In addition, when using particular Company Services, you agree to abide by any applicable posted guidelines for all Company Services, which may change from time to time.

If you do not agree to the terms of this Agreement, you must immediately stop use of the Services. If you remain on this site, you agree to be bound by this Agreement.

Assumption of Risk for Use of Content

You are fully responsible for your use of the listings, messages, postings, text, files, phone numbers, images, photos, sounds, video, or other materials (“Content”) found on the Service.  You agree and acknowledge that you may be exposed to information that is inaccurate, misleading, incomplete, and/or outdated.  Transportation companies and other service providers listed in the Service (“Listed Providers”) may or may not be advertisers paying Company to be listed.  Listed Providers may or may not be properly licensed by applicable jurisdictions.  Listed Providers in no event are agents of Company; in no event is Company an agent of or on behalf of any Listed Providers.  Under no circumstances is Company responsible for the activities or services of Listed Providers.  In no circumstances does Company control in any way the activities or services of Listed Providers.  Listing any Listed Provider in the Services in any way is not under any circumstances a recommendation or referral by Company of such Listed Providers. You acknowledge that Company does not make any recommendations or referrals for any Listed Providers. 

Content available through the Service may contain links to other websites which are completely independent of Company. Company makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk.

You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Company be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service.

Dealings with Listed Providers, other users, and third parties

Your interactions with Listed Providers, organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Listed Providers or organizations and/or individuals. You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between users and any third party, including but not limited to Listed Providers, you understand and agree that Company is under no obligation to become involved. In the event that you have a dispute with one or more other users or Listed Providers, you hereby release Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

Copyright Notice

Copyright 2007 Yellow Cab USA, INC. All rights reserved.

Trademarks

The Yellow Cab USA, INC. name and logo, the Yellowcabusa.com marks, and all other related product and service names, design marks and slogans,  are trademarks, service marks or registered trademarks of Yellow Car USA, INC. and may not be used in any manner without the prior written consent of Company. All other trademarks and service marks are trademarks of their respective owners.

Proprietary Rights

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Company. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of Company, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.  

Links to the Site

If you wish to use the trademark Yellow Cab USA on your website providing a link or cross-link to www.yellowcabusa.com, you may do so on the condition that:

1. your use of the yellowcabusa mark is solely for the purpose of promoting and/or informing your website visitors of the services found at www.yellowcabusa.com

2. you use the yellowcabusa mark only as it appears on this site;

3. you agree the use is subject to the control of Yellow Cab USA INC., and

4. you agree that Yellow Cab USA, INC. may revoke this permission at any time and for any reason, at which time you must immediately discontinue use of the yellowcabusa mark.

Data Mining Prohibited

You may not use bots or similar methods or tools to "data mine" or otherwise gather or extract from this Site.

Notification of Claims of Infringement

All claims of copyright infringement, or other violation of intellectual property rights, should be promptly sent in the form of written notice to the Company’s Designated Agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at:

Yellow Cab USA, Inc.

3700 Galt Ocean Drive

Ft. Lauderdale, FL 33308

Please provide our Agent with the following Notice:

All claims must include the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;

3. 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 the service provider to locate the material;

4. Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

5. A statement that the Complaining Party has 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

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Privacy Policy

We respect your privacy.  Please view our Privacy Policy.  Your use of the Services signifies your acknowledgement and agreement with the Privacy Policy.

Unauthorized Access or Use

You agree not to attempt to gain unauthorized access to Company’s computer systems or engage in any activity that disrupts, interferes, or diminishes in any way the Services.

Use of Information

Company grants you a limited, revocable, nonexclusive license to access the Service for your own personal use of the Service, and not to download (other than page caching) or modify it, or any portion of it, or any Content made available via the Service (except, if and when applicable, for your own Content), without the express written consent of Company. This license does not include any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Company. A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or directories of local transportation service providers. Use of the Service beyond the scope of authorized access granted to you by Company immediately terminates said permission or license.

Control of Service

While Company exercises no control over the services or activities of the Listed Providers or other third parties, Company does exercise complete control over the Services including the site, and reserves the right to discontinue, modify or reorganize any or all of the Services, remove, modify or reorganize any and all Content, Listed Providers, or make any other changes to the Services, without notice.  Any user accounts established with Company for use in connection with the Services may, as part of the Services, may be discontinued or modified at any time in the sole discretion of Company with or without notice, for any reason, including but not limited to inactivity or violation of the Agreement.  You further agree that Company in its sole discretion has the right but not obligation to terminate your access to or use of the Service immediately without notice.

Limitation of Liability

THE USER OF THIS SITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE SERVICES. YELLOW CAB USA, INC. ASSUMES NO RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY INFORMATION (OR OTHER CONTENT), APPARATUS, OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS SITE OR THE SERVICES.

IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL YELLOW CAB USA, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER, (INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE OR DEATH OR PERSONAL INJURY, LOSS OF USE, DATA, OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR PERFORMANCE OF THE SERVICES IN GENERAL OR THIS SITE IN PARTICULAR OR SITES ACCESSIBLE BY LINKS FROM IT, (B) ANY CONTENT, INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS SITE OR THE SERVICES (INCLUDING WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY SITE), (C) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A LISTED PROVIDER OR OTHER THIRD PARTY, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER CONTENT, INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS SITE OR THE SERVICES, OR (D) OTHERWISE RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT; WHETHER BASED ON BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHER FORM OF ACTION OR LEGAL THEORY, REGARDLESS OF WHETHER YELLOW CAB USA, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Disclaimer of Warranties

THE SERVICES INCLUDING THIS SITE ARE MADE AVAILABLE TO YOU ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES.

YELLOW CAB USA, INC. HEREBY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

NO ADVICE OR INFORMATION GIVEN BY YELLOW CAB USA, INC., OR EMPLOYEES SHALL CREATE ANY WARRANTY.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (A) YELLOW CAB USA, INC. MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE SERVICES OR THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER CONTENT ACCESSIBLE FROM THE SERVICES OR THIS SITE IS FREE OF ERRORS, INACCURACIES, OMISSIONS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND (B) YELLOW CAB USA, INC. MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THE SERVICES OR THIS SITE OR ANY THIRD PARTY SITE, (2) THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THE SERVICES OR THIS SITE (INCLUDING WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY SITE), OR (3) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A LISTED PROVIDERS OR A THIRD PARTY, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER CONTENT OR INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THE SERVICES OR THIS SITE.

IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION (DISCLAIMER OF WARRANTIES) AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL GOVERN.

COMPANY DISCLAIMS TO THE FULLEST EXTENT POSSIBLE ANY WARRANTIES FOR SERVICES RECEIVED FROM LISTED PROVIDERS OR RECEIVED BY OR ADVERTISED OR LISTED ON THE SITE OR SERVICES.

Disclaimer of Endorsement

Reference herein to any Listed Providers, products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by Company. Product and service information is the sole responsibility of each individual vendor.  Company makes NO ENDORSEMENT of any Listed Providers or others on the Services or Site.

Indemnity

You agree to indemnify and hold Company, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out your use of the Service or Site, of Content you use, services you receive from Listed Providers or others advertised or listed on the Services or Site, your violation of the Agreement, your breach of any of the representations and warranties herein, or your violation of any laws, regulations, or rights of another.

Changes to This Agreement

Company reserves the right to change any of the terms of this Agreement (including, without limitation, any terms, policies or notices incorporated herein by reference) without prior notice. You agree to visit this Site periodically to be aware of and review any such changes. Changes to this Agreement will be effective upon posting. By continuing to use the Services or this Site after changes are posted, you accept the changes and agree to them.

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C. Privacy Policy

Yellow Cab USA, Inc. (the “Company” or “we”) has established this Privacy Policy to address how your information is collected, protected and used.  This Privacy Policy may be updated at any time by the Company with notice of materially significant changes posted to the site (www.yellowcabusa.com). 

Your Privacy

 We do not, and have never, sold or shared customer or user contact information with third parties for the marketing of third-party products and services.  We may share necessary information with third parties, such as shipping companies or financial gateways, to complete an order.  We may, where permitted by law, provide information to credit bureaus, or provide information and/or sell receivables to collection agencies, to obtain payment for our products and services.  We or one of our authorized agents may also use personal information to market and sell our products and services.  We may disclose information, when requested, to comply with court orders, subpoenas, or other legal process.  We will also share information when in our good faith belief such disclosure is reasonably necessary to enforce our Terms and Conditions of Use Agreement; respond to claims that any content violates the rights of third parties; or protect the rights, property, or personal safety of the Company, its users, customers, or the general public.

Certain sections of the site may be password protected.  You are responsible for keeping your password safe.

Information We Collect and Use

We collect and use user, visitor, and customer information such as name, email address, address, phone number, fax number, url and other information if provided. We may collect your personal information if you provide it in feedback or comments, post it in our listings or site, or contact us directly.  When you visit our site, we may track information including the domain name and the name of the Web page from which you entered our site, which pages and how much time you spend on each page in our site.  We may collect the IP address (a number that is assigned to your computer when you are using your browser for the Internet) from you when you visit our sites, along with page URL and timestamp.

We may employ tracking devices such as “cookies,” “Web beacons,” “one-pixel gifs,” or “clear gifs,” for marketing purposes on our site and to monitor the activity on our site.  A cookie is a small file that is stored on the hard drive of your computer ready for future access when you return to our site.  We may use cookies to deliver Web content specific to you and to keep track of your online activity on our site. We use cookies as part of the normal functionality of our private password-only section for registered users (for example, to identify whether a user has logged-in or is logged-out). We may use clear gifs in emails we send to determine which ones are opened to measure the effectiveness of our marketing efforts.  We may use third parties to act on our behalf to collect such information on our site for our use.

For paid customer listings, we collect all the information required for the advertisement listing as well as to maintain the account and for billing purposes. For example, we collect mailing and billing address, telephone number(s), fax number, email address, url, information about the advertiser, its services, its licensing status, and insurance, billing related information, and other pertinent information.

We may send you email for marketing purposes.  You may opt-out by notifying us by email, in writing, or by calling us.  In addition, such emails contain a link to notify us not to send such email to you in the future.  Other emails are sent in direct response to your activities at the site such as registration, your inquiries, feedback, etc, and may not contain such an opt-out link.

Data Storage

We attempt to archive all information in our database and posted to our site, as well as any web logs and other records.  Registered users and customers can access and update their account information through the Advertiser Section or by contacting us.  We do not store credit card information on our site.

Although we make a good faith effort to store any non-publicly available personal information in a secure environment that is not available to the public, we cannot guarantee complete security.

Feedback

We always welcome your feedback to this or any other aspect of our services or site.

Consent

By using our site, services, or providing us with personal information or data, you consent to the transfer and use of such information and data in accordance with this Privacy Policy.

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