Terms of Service
PLEASE READ THESE TERMS OF SERVICE (THESE “Terms of Service”) CAREFULLY BEFORE USING THE INTERNET WEBSITE LOCATED AT [The New L.COM], ANY OF ITS SUBDOMAINS or any software applications included or accessible through such website(s) (COLLECTIVELY, THE “The New L”).
The New L (“The New L” or “we”). All references to “User” in these Terms of Service shall refer to you as well as other users of the The New L Applications and the Service (as defined below), and all references to persons shall refer to any natural person, partnership, joint venture, association, corporation, limited liability company, trust, estate or other entity.
By using the The New L Applications and/or the Service, you signify your acceptance of and agreement to the terms and conditions set forth in these Terms of Service. You must be 18 years or older to use the The New L Applications and/or the Service. If you do not accept and agree to these Terms of Service, or if you are younger than 18 years of age, you must immediately cease your use of the The New L Applications and the Service.
We reserve the right to alter these Terms of Service at any time. If so altered, we will post our updated Terms of Service on this page and post notice of the change so it is visible when you visit and/or log-on to the The New L Applications for the first time after the change is posted. Your continued use of the The New L Applications after the changes have been posted shall constitute your acceptance of the changes. If you do not agree to the updated Terms of Service, you must immediately cease your use of the The New L Applications and the Service.
The The New L Applications provide an online service that, among other things, allows Users to connect and communicate for the purpose of ridesharing (the “Service”). Users consist of persons (“Passengers”) seeking to obtain transportation to certain location(s).
2. Access Rights
Subject to the terms and conditions set forth in these Terms of Service, The New L hereby grants you a limited, fully revocable, non-exclusive, non-transferable, non-assignable right to access and use the The New L Applications solely for your personal use in connection with accessing and using the Service. The New L may suspend or terminate your right to access and use the The New L Applications and/or the Service at any time and for any reason.
3. Waiver and Release
In consideration of being allowed to access and use the The New L Applications and the Service, and prior to conducting any transactions using the The New L Applications or the Service, you will be required to accept and agree to the Release and Waiver of Liability. Your acceptance of and agreement to the Release and Waiver of Liability is an essential condition to your right to access and use the Service.
4. Payment Terms
The New L utilizes a third-party provider to process all payments made by Users in connection with any transactions involving the The New L Applications and the Service. The New L is not a bank or other chartered depository institution.]
By providing The New L with your payment information (including any credit card information), you agree that The New L is authorized to immediately charge your account for all fees and charges due and payable to The New L (and any other User) as a result of the transactions conducted using the The New L Applications or the Service. You agree that no additional notice or consent is required before The New L charges such account. You agree to immediately notify The New L of any changes in your account/payment information. The New L reserves the right, at any time, to change its prices and billing methods, either immediately upon posting notice of the changes on the The New L Applications and/or by e-mail notification to your e-mail address on file in connection with your account.
Taxes, fees and other charges (including sales, use or value-added taxes) incurred in connection with a User’s use of the Service (including any such taxes, fees or charges due in connection with payments made to any other User) shall be the responsibility of such User and The New L shall have no responsibility to collect or withhold any amounts from Users for the purpose of paying such taxes, fees or other charges to a government authority.
5. USAGE RESTRICTIONS
You may not, nor may you authorize any third party to: (a)modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit the The New L Applications in any manner; (b) use the The New L Applications as a service bureau; (c) rent, lease, loan, sell, license, publish, display, resell for profit, or distribute the The New L Applications or any part of the The New L Applications; (d) remove or alter any proprietary notice or legend regarding The New L’s proprietary rights in the The New L Applications; (e) use or access the The New L Applications from outside the United States of America; (f) export the The New L Applications outside of the United States of America; (g) transmit any worms or viruses or any code of a destructive nature on or through the The New L Applications or introduce software or automated agents to the The New L Applications, generate automated messages, or strip or mine data from the The New L Applications; (h) use the The New L Applications or any information obtained from the The New L Applications in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent; or (i) use the The New L Applications or the Service in any way that: (i) violates any applicable laws and regulations; (ii) accesses or copies any data or information of other Users; (iii) interferes with or disrupts the integrity or performance of the The New L Applications or the information contained therein; (iv) abuses, intimidates, harasses, threatens or interferes with another User’s use of the The New L Applications; (v) interferes with, disrupts or creates an undue burden on the The New L Applications or the networks or services connected to the The New L Applications or (vi) is not permitted by these Terms of Service.
The The New L Applications, and all worldwide intellectual property rights and proprietary rights related thereto, are the exclusive property of The New L and its licensors. The New L and its licensors reserve all rights in and to The New L Applications not expressly granted to you in this Agreement, and no other licenses or rights are granted by implication, estoppel or otherwise.
To the extent that you provide The New L with any suggestions, information, ideas or feedback concerning the The New L Applications and the Service, including through e-mails, voicemails, postings or feedback forms (“Feedback”), any such Feedback will be the sole and exclusive property of The New L. You agree to assign and hereby assign to The New L all right, title and interest worldwide in and to the Feedback, and all related intellectual property rights, and you agree to assist The New L in perfecting and enforcing such rights. You agree that any Feedback you submit is not being made in confidence or trust and that no confidential, advisory or fiduciary relationship is intended or created between you and The New L in any way. You further acknowledge and agree that you have no expectation of any review, compensation or consideration of any of your Feedback.
Please be sure that any information you include when using the Service, including in any Feedback, is information that you are comfortable sharing with others.
You represent and warrant to The New L that (a) you have the legal power and authority to agree to and be bound by the terms and conditions set forth in these Terms of Service; (b) you have not falsely identified yourself nor provided any false information to gain access to the The New L Applications; (c) you will comply with all applicable laws and regulations during the course of your use of the The New L Applications and the Service.
The New L is not a provider of transportation Services and your participation in any ridesharing is “at your own risk”. The New L does not control, is not responsible for and makes no representations or warranties with respect to any User or the conduct of any user. The New L has no involvement, makes no representations or warranties as to, and has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations between you and any other User or person. You are solely responsible for your interaction with or reliance on any User or User conduct.
THE The New L Applications and the Service are provided as-is and The New L AND ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE The New L Applications and the Service and your use of the The New L Applications and the Service under these Terms of Service, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, DATA ACCURACY OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY. Without limiting the foregoing, The New L DOES NOT WARRANT THAT THE The New L Applications and the Service WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION AND RESULTS OF THE The New L Applications WILL BE UNINTERRUPTED, ERROR-FREE or will yield any specific results, OR THAT DEFECTS IN THE The New L Applications WILL BE CORRECTED. YOU ACKNOWLEDGE AND AGREE THAT The New L HAS NO OBLIGATION TO CORRECT ANY DEFECTS OR ERRORS IN THE The New L Applications, REGARDLESS OF WHETHER YOU INFORM The New L OF SUCH DEFECTS OR ERRORS OR The New L OTHERWISE BECOMES AWARE OF, SUCH DEFECTS OR ERRORS. We are not responsible for the accuracy or completeness of information available from or through the The New L Applications or the Service.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Limited Remedy; LIMITATION ON LIABILITY
Your sole recourse for dissatisfaction with the The New L Applications and/or the Service is to stop using the The New L Applications and the Service. To the maximum extent permitted by applicable law, The New L shall not be liable for any loss or damage, including personal injury or death, arising out of or resulting from your use of or reliance on the The New L Applications and/or the Service, including your participation in any ridesharing or any transactions, interactions, communications, disputes or relations between Users or any other person, whether online or offline. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE, and without regard to the types of damages claimed, including any direct, indirect, incidental, special, consequential or punitive damages, whether under any contract, negligence, strict liability or other theory, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS limited remedy GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
You shall defend, indemnify, and hold The New L, its subsidiaries and affiliates, and each of their officers, employees agents, and other partners harmless from any loss, liability, claim, or demand (including reasonable attorney’s fees) arising from any third-party claim due to or arising out of your (a) use, or any use by a person using your account, of the The New L Applications and/or the Service in violation of, or in a manner not authorized by, these Terms of Service; (b) participation in any ridesharing; or (c) negligence or willful misconduct.
The trademarks, logos and service marks (“Marks”) displayed with the The New L Applications or the Service are the property of The New L or its licensors. You are not permitted to use these Marks without the prior written consent of the third party that owns such Marks.
12. Electronic communications
The communications between you and The New L use electronic means, whether you visit the The New L Applications or send The New L e-mails, or whether The New L posts notices on the The New L Applications or communicates with you via e-mail. You hereby (a) consent to receive communications from The New L in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that The New L provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in writing. The foregoing does not affect your statutory rights.
13. U.S. Export Controls
The content and software available in connection with the The New L Applications and the Service are further subject to United States export controls, and no such content or software may be downloaded from the The New L Applications and the Service or otherwise exported or re-exported in violation of applicable United States export laws and/or regulations.
14. Governing Law and Injunctive Relief
These Terms of Service shall be governed by the laws of the State of New York without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You and The New L agree to submit to the jurisdiction of, and agree that venue is proper in, the state courts located in City of New York (USA) and the federal courts located in the State of New York (USA) in such legal action or proceeding. The application of the United Nations Convention on the International Sale of Goods is hereby expressly excluded. The New L may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. You shall always comply with all the international and domestic laws, ordinance, regulations and statutes that are applicable to your use of the Service and your participation in any ridesharing .
15. Links to Third Party Websites
The The New L Applications may be linked to other websites that are not The New L websites (“Third Party Websites”) and certain areas of the The New L Applications may allow you to conduct transactions or purchase goods or services from or through such Third Party Websites. The New L is providing these links to you as a convenience, and The New L does not verify, make any representations or take any responsibility for such linked to Third Party Websites, including the truthfulness, accuracy, quality or completeness of the content, links displayed or activities conducted on such Third Party Websites. The Third Party Websites may have different privacy policies and terms and conditions and business practices than those of The New L. Your dealings and communications through the The New L Applications with any person other than The New L are solely between you and such person. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party. Any reference on the The New L Applications to any product, process, publication or service of any third party, by trade name, domain name, trademark, trade identity, service mark, logo, manufacturer or otherwise does not constitute or imply the endorsement or recommendation of The New L.
The New L may assign these Terms of Service, in whole or in part, at any time. You may not assign these Terms of Service, or any part thereof, to any other person. Any attempt by you to do so is null and void. If any provision of these Terms of Service is held to be unenforceable, that provision will be enforced to the extent permissible by law and the remaining provisions will remain in full force. No waiver under these Terms of Service will be valid or binding unless set forth in writing and duly executed by the party against whom enforcement of such waiver is sought. Any such waiver will constitute a waiver only with respect to the specific matter described therein and will in no way impair the rights of the party granting such waiver in any other respect or at any other time. Any delay or forbearance by either party in exercising any right hereunder will not be deemed a waiver of that right. When used in these Terms of Service, “including” and words of similar import mean “including but not limited to”. Any claim related to the The New L Applications or the Service must be brought within one year from the date on which the claim first could be filed, or such claim will be permanently barred. The proprietary rights, disclaimer of warranties, indemnities, limitations of liability and definitions and rights, duties and obligations of the parties that by their nature continue and survive shall survive any termination of these Terms of Service.
If you have any questions regarding these Terms of Service, The New L Applications or the Service, please direct all correspondence to: [contact@The New LApp.com].
17. Copyright Infringement
The New L will review all claims of copyright infringement submitted by the applicable copyright owner or the copyright owner’s legal agent.
To make a claim, please provide The New L with the following:
1. a description of the infringing material and information reasonably sufficient to permit The New L to locate the material, as well as a description of the copyrighted work claimed to have been infringed.
2. 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 applicable law;
3. a physical or electronic signature of the copyright owner or the person authorized to act on its behalf and your contact information, including your address, telephone number and e-mail address; and
4. a statement that the information in the notification is accurate, and under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.
Contact information for the The New L Copyright Agent for notice of claims of copyright infringement is as follows: firstname.lastname@example.org