Terms of service
United Cabs, Inc. - Terms of Service
Last updated: [01/07/2019]
A Terms of Service (“ToS” or “Terms”) is a statement of rules and a contract between the provider and users which a user must agree to abide by in order to use a service. This ToS was created and prepared by United Cabs, Inc., a New York company (“United Cabs”, the “Company”, “us”, “we”, or “our”). Please read this ToS carefully before downloading and using any United Cabs application (the “United Cabs Application” or “Application”).
United Cabs Services means United Cabs cloud-based software, operated by United Cabs on a “Software as a Service” (“SaaS”) basis, and accessed and used by a registered individual or business (“user”, “you”, or “your”). United Cabs Application is accessible for the user to view elevator interior designs of previous completed projects (“Portfolio”) and to design elevator cabins ([“Cab Designer”]).
User Subscription Account:When a user registers through any of United Cabs Application that individual or business is provided with an account and login that grants full, unrestricted access to the Services for that user only (“user Subscription”). The Application is intended only for users located in the United States.
By using or accessing the Services, you agree to this ToS, as updated from time to time by United Cabs. If United Cabs makes changes to the ToS, we will notify you of the change as described below under “Additional Terms”. If we make changes to policies, guidelines or other terms referenced in or incorporated by this Statement, we may provide notice on the Application. Your continued use of the Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.
United Cabs provides certain services and collects a variety of information about the users. As such, United Cabs may ask you to review and accept separate terms and conditions that apply to your use and interaction with United Cabs Services. To the extent those supplemental terms and conditions conflict with this ToS, the supplemental terms and conditions govern with respect to your use of such United Cabs Services, to the extent they conflict with this ToS.
If you violate the letter or spirit of this ToS, or otherwise create a risk or possible legal exposure to United Cabs, or for any other reason that United Cabs, in its sole discretion deems necessary, United Cabs can stop providing all or part of the Services to you. United Cabs will notify you by the email you provided in your registration for the Services or at the next time you attempt to access your account of any termination of Services.
Your access to and use of United Cabs Services is conditioned upon your acceptance of and compliance with these Terms, and any terms, policies, or guidelines referenced herein upon creating a user profile. These Terms apply to users who access or use United Cabs Services. By accessing or using the Services, you agree to be bound by these Terms.
IF YOU DISAGREE WITH ANY PART OF THESE TERMS, YOU MUST EXIT THE UNITED CABS APPLICATION IMMEDIATELY AND DISCONTINUE ANY USE OF THE INFORMATION AND THE SERVICES.
United Cabs hereby incorporates by reference any additional terms, conditions and privacy notices to this ToS as if set forth fully herein.
Welcome to United Cabs! We provide the Services via the United Cabs Application. The Services provided by United Cabs may change from time to time.
Each user Subscription Account obtains access to the Services pursuant to these ToS. These ToS and the Privacy Notice apply to each user as defined above.
These ToS govern the user’s access to and use of the Services. By accessing or using the Services, the user agrees to be bound by these Terms as if these Terms were signed by the user in ink on a hard-copy agreement.
Using the United Cabs Services allows any user to view United Cabs elevator interior designs and materials, types of buildings in previous projects (e.g. medical building, government building), “like” such designs and projects, filter projects and buildings by geolocation (e.g. New York City, NJ area), create their individual elevator designs using United Cabs designs available as well as share them with third-parties via a link sent through suitable sharing platforms shared through the United Cabs Application (e.g. Instagram, Facebook, Facebook Messenger, Whatsapp, email, or other sharing applications already installed on the users’ phone).
As a user, you are invited to use and view the Services available on the United Cabs Application. United Cabs has the ability to collect and store certain data provided by the user of the United Cabs Application, or any of the Services. The collection and storage of this data is subject to the terms enumerated in United Cabs’ Privacy Notice [www.elevatordesigns.com], which is incorporated in this ToS as if set forth at length herein.
Should the user encounter any bugs, glitches or other forms of troubleshooting related issues, please contact us at email@example.com.
The remainder of this ToS is intended to act as a contract between United Cabs and all visitors, users, and others who access or use the Services. The terms, restrictions, disclaimers, and other legal notifications will affect the way the users access and use our Services.
Rules of user Conduct
As a condition to your right to access and use the Services, you agree to these Terms and to strictly observe the following rules of conduct (“Rules of Conduct”):
● Do comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements.
● Do provide accurate information to us and update it as necessary.
● Do review and comply with our Privacy Notice and the ToS.
● Do review and comply with notices sent by us concerning the Services.
● Don’t act dishonestly, inappropriately or unprofessionally by posting inappropriate, inaccurate, or objectionable information or other content (“Content”).
● Don’t reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property contained or embedded in or used to provide the Services or the United Cabs Content, or any part thereof.
● Don’t include information in the Services, except in designated fields, that reveals the identity or sensitive personal information of you or anyone else (i.e., information that identifies you as an individual, “Personal Information”), such as an address, that is confidential in nature.
● Don’t use any information, data or Content you view or obtain from our Services to provide any services that are competitive with our Services.
● Don’t imply or state, directly or indirectly, that you are affiliated with or endorsed by United Cabs, unless you have entered into a written agreement with United Cabs that expressly permits you to say that.
● Don’t adapt, modify or create derivative works based on any part of the Services or the technology underlying the Services.
● Don’t rent, lease, loan, trade, sell or re-sell access to the Services or any Content (other than Content you personally own) or any data on the Services.
● Don’t use software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any part of the Services.
● Don’t use bots or other automated methods to add or download Content, or send or redirect messages or other permitted activities other than through United Cabs-sanctioned tools.
● Don’t access the Services for purposes of monitoring its availability, performance or functionality, or for any competitive purpose.
● Don’t engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services.
● Don’t access the Service by any means other than through the interfaces provided by United Cabs.
● Don’t override any security component included in or underlying the Services.
● Don’t engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to, unsolicited communications to other users or United Cabs personnel, attempts to gain unauthorized access, or transmission or activation of computer viruses.
● Don’t remove any copyright, trademark or other proprietary rights notices contained in or on the Services, including any of our notices or notices of our licensors, or any notices of any other users (for more information, see below under “Application Content, Ownership and Copyright Notice”).
● Don’t collect, use or transfer any information, including any Personal Information, obtained from the Services, except as expressly permitted in the Terms or as the owner of the information may expressly permit in writing.
● Don’t interfere with or disrupt the Services, including but not limited to any servers or networks connected to the Services.
● Don’t infringe or use the Services’ or United Cabs’ brands, logos, trademarks or service marks, including, without limitation in any business name, email, or URL.
● Don’t access, tamper with, or use non-public areas of the Services, United Cabs’ computer systems, or the technical delivery systems of United Cabs’ providers.
● Don’t forge any Transmission Control Protocol/Internet Protocol (“TCP/IP”) packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information.
● Don’t upload, post, email, transmit or otherwise make available or initiate any communication, Content or data that:
○ Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresents your affiliations with a person or entity, past or present.
○ Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable.
○ Adds to a data field any information that is not intended for such field (i.e., submitting a telephone number in the “title” or any field other than a field requesting a telephone number).
○ Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships, including without limitation any insider information, proprietary information or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements.
○ Infringes or misappropriates any patents, trademarks, trade secrets, copyrights or other rights.
○ Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
○ Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy, erase or limit the functionality of any computer software or hardware or telecommunications equipment.
○ Forges headers or otherwise manipulates identifiers in order to disguise the origin of any communication.
Services are Not Intended for Children
United Cabs warrants that each user who has access to and uses the Services is at least 16 years old.
Disclaimers, No Representations or Warranties
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
DO NOT RELY ON THE SERVICES, OR ANY CONTENT OR INFORMATION ON OR IN THE SERVICES. WE PROVIDE THE SERVICES AND ALL INFORMATION, INCLUDING THE CONTENT, ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY ANYTHING RELATED TO THE SERVICES, YOU MAY STOP USING THE SERVICES AS FURTHER STATED IN THE TERMINATION PROVISION BELOW. TERMINATION IS YOUR SOLE AND EXCLUSIVE REMEDY.
WE NEITHER WARRANT NOR REPRESENT THAT USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
WE DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR WITHOUT ERRORS. IN PARTICULAR, THE OPERATION OF THE SERVICES, INCLUDING THE UNITED CABS APPLICATION, MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS. FURTHERMORE, WE DISCLAIM ALL LIABILITY FOR ANY MALFUNCTIONS, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
WE DO NOT GUARANTEE THAT THE SERVICES, OR ANY COMPUTER HOSTING THE SERVICES, ARE OR WILL BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL PARTICLES.
UNDER NO CIRCUMSTANCES IS UNITED CABS RESPONSIBLE IN ANY WAY FOR THE INFORMATION POSTED ON THE SITE BY THIRD PARTIES NOT UNDER THE DIRECT CONTROL OF UNITED CABS. NOR IS UNITED CABS RESPONSIBLE FOR ANY ACTIONS TAKEN BY THIRD PARTIES TO WHOM YOU SHARE YOUR LOGO(S) OR GIVE ACCESS TO YOUR ACCOUNT.
BY ACCESSING AND/OR USING THE SERVICES, YOU EXPRESSLY AGREE TO ASSUME THE ENTIRE RISK AS TO THE QUALITY AND/OR PERFORMANCE OF THE SERVICES.
YOU FURTHER AGREE TO ASSUME THE RISK TO THE ACCURACY AND QUALITY OF THE CONTENTS OF THE SERVICES.
YOU AGREE AND UNDERSTAND THAT YOU ARE FULLY AND COMPLETELY ASSUMING THE RISK AND ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY FILE WHEN USING THE CONTENTS OF THE SERVICES, ANY MATERIAL CONTAINED THEREIN AND/OR DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES.
Limitation of Liability and Indemnification
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
YOU AGREE AND UNDERSTAND THAT UNDER NO CIRCUMSTANCES WILL UNITED CABS BE LIABLE FOR ANY LOSS OR DAMAGES RELATED TO YOUR RELIANCE ON ANY INFORMATION CONTAINED IN OR RELATED TO THE SERVICES. YOU ASSUME FULL RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF THE SERVICES.
NEITHER WE NOR ANY OF OUR SUBSIDIARIES, AFFILIATED COMPANIES, OFFICERS, EMPLOYEES, MEMBERS, OR DIRECTORS (“UNITED CABS AFFILIATES”) SHALL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES, IF ANY, PAID BY YOU TO UNITED CABS DURING THE CALENDAR YEAR IN WHICH SUCH EVENT IS CLAIMED TO HAVE OCCURRED, OR USD $100, WHICHEVER AMOUNT IS GREATER.
NEITHER UNITED CABS NOR ANY UNITED CABS AFFILIATES SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF USE, PROFIT, REVENUE OR DATA TO YOU OR ANY THIRD PERSON. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER (I) YOU BASE YOUR CLAIM ON CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, (II) WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR (III) THE LIMITED REMEDIES PROVIDED IN THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER BASED IN EQUITY, CONTRACT, NEGLIGENCE, OTHER TORTIOUS ACTION, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY), SHALL UNITED CABS, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF ANTICIPATED PROFITS, GOODWILL, DIMINUTION OF VALUE, BUSINESS INTERRUPTION COSTS, OR ANY OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATED TO, CAUSED BY, OR RESULTING IN ANY WAY FROM DAMAGE FROM ANY SECURITY BREACH OR ANY OTHER SECURITY INTRUSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
UNITED CABS SHALL BE LIABLE FOR DATA PROTECTION LOSSES (HOWSOEVER ARISING, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER OR IN CONNECTION WITH THIS POLICY:
● ONLY TO THE EXTENT CAUSED BY THE PROCESSING OF PERSONAL DATA UNDER THIS POLICY AND DIRECTLY RESULTING FROM A BREACH OF IT;
● IN NO CIRCUMSTANCES TO THE EXTENT THAT ANY DATA PROTECTION LOSSES (OR THE CIRCUMSTANCES GIVING RISE TO THEM) ARE CONTRIBUTED TO OR CAUSED BY ANY BREACH OF THIS POLICY BY THE USER.
● FOR THE AVOIDANCE OF DOUBT, THE LIABILITY CAP AND LIMITATIONS AND EXCLUSIONS OF LIABILITY IN THIS AGREEMENT APPLY SO AS TO LIMIT AND EXCLUDE THE LIABILITY OF UNITED CABS UNDER THIS CLAUSE.
YOU UNDERSTAND AND AGREE THAT YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO CEASE USING THE SERVICES.
BY ACCESSING AND USING THE SERVICES YOU AGREE TO MAKE UNITED CABS, ITS AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND STRATEGIC PARTNERS WHOLE FOR ANY AND ALL CLAIMS, LOSSES, LIABILITIES, AND EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES, ARISING FROM AND RELATED TO ITS USE OF THE SERVICES OR ANY VIOLATION OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOS.
IF ANYONE BRINGS A CLAIM AGAINST US RELATED TO YOUR ACTIONS, CONTENT OR INFORMATION ON UNITED CABS, YOU WILL INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES AND EXPENSES OF ANY KIND (INCLUDING REASONABLE LEGAL FEES AND COSTS) RELATED TO SUCH CLAIM. UNITED CABS PROVIDES RULES OF CONDUCT; HOWEVER, UNITED CABS DOES NOT CONTROL OR DIRECT YOUR ACTIONS ON THE APPLICATION OR RELATED TO THE SERVICES. UNITED CABS IS NOT RESPONSIBLE FOR THE CONTENT OR INFORMATION YOU TRANSMIT OR SHARE THROUGH UNITED CABS.
UNITED CABS IS NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL, OR OTHERWISE OBJECTIONABLE CONTENT OR INFORMATION YOU MAY ENCOUNTER ON OR RELATED TO THE SERVICES. FURTHERMORE, UNITED CABS IS NOT RESPONSIBLE FOR ANY CONDUCT OF USERS WHETHER ONLINE OR OFFLINE.
UNITED CABS DOES ITS BEST TO KEEP THE SERVICES BUG/VIRUS FREE AND SAFE. HOWEVER, USERS UNDERSTAND THAT HE/SHE/IT IS USING UNITED CABS AT THEIR OWN RISK.
Application Content, Ownership and Copyright Notice
United Cabs claims a copyright in all proprietary and copyrightable text, graphics and computer code on the United Cabs Application, including, but not limited, to the design of the United Cabs Application and the location and arrangement of the United Cabs created materials on the United Cabs Application. United Cabs also claims a copyright in all proprietary and copyrightable text, graphics and computer code associated with the Services, including the designs created by the users. This claim includes and extends to all information contained in the public domain of the United Cabs Application. All United Cabs logos, service marks, trademarks, trade names, and trade dress (whether registered or unregistered) that appear on the United Cabs Application are proprietary to United Cabs and its owners.
You are not permitted or authorized to modify, change or alter any of the material(s) on the United Cabs Application, nor are you permitted to incorporate any material(s) in whole or in part into another work. You are further prohibited from removing any copyright notices, trademarks, trademark notices, or any other proprietary notices as they relate to United Cabs’ Services. The use of any material(s) from the Services for a commercial purpose requires the express written permission of United Cabs. You are welcome to request permission by email from United Cabs at firstname.lastname@example.org.
You are permitted to use United Cabs’ designs and materials to create your own individual designs for your project within the [Cab Designer] available on the United Cabs Application. United Cabs claims a copyright in all newly created designs which use already existent United Cabs designs and materials by users which are created by using the Services made available through the United Cabs Application.
United Cabs respects your intellectual property rights, and the intellectual property rights of others. United Cabs expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law (including the Digital Millennium Copyright or “DMCA” at 17 U.S.C. §512) and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please review the DMCA to ensure your compliance before it sends us any request to remove allegedly-infringing Content (“Takedown Notice”). Each Takedown Notice must be in English and include the following information:
● Identification of the copyrighted work claimed to have been infringed.
● 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.
● Information reasonably sufficient to permit us to locate the material (e.g., a detailed uniform resource locator or “URL”).
● user’s contact information, including its postal address, telephone number, and an email address.
● A statement by the user that he/she/it has a good faith belief that use of the Content or other material in the manner complained of is not authorized by the user, the copyright owner, its agent, or the law.
● A statement that the information in the notice is accurate, and, under penalty of perjury, that the user is the copyright owner or authorized to act on behalf of the copyright owner.
● A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
On our receipt of a Takedown Notice, we may publish the Takedown Notice, or provide a copy of the Takedown Notice to the user that uploaded or provided the Content. For any Takedown Notice that is subject to the provisions of the DMCA, the original provider of the Content may have the right to send a notice to us (“Counter Notice”) demanding that the Content be restored to the Services.
In compliance with the DMCA or other applicable law, we may implement any Takedown Notice by removing the accused Content or other material from public view on the Services, and we may implement any Counter Notice by restoring the accused Content or other material to public view on the Service.
Regardless of the DMCA or other applicable laws or regulations, we reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to the user or anyone else. In appropriate circumstances, United Cabs will also terminate a user’s account if we determine the user to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Service is:
United Cabs, Inc.
Jamaica, New York 11435
You agree to comply with applicable data protection laws in accordance with these ToS. To the extent that any of the work, the delivery of any products, or the performance of any Services by United Cabs involve the exchange of Personal Data, as defined by the European Union’s General Data Protection Regulation (Regulation 2016/679) (hereinafter “GDPR”), you agree to notify United Cabs prior to the transfer of any such Personal Data. You acknowledge and consent to the transfer and processing of any Personal Data by United Cabs within the United States.
Sharing Content and Information
You can control the privacy settings in your user profile. The information provided to create a user profile (email address, password) is considered private information. However, if you decide to share your information) with third-parties, United Cabs has no control over how those third-parties may use that information. You are solely responsible for the sharing of your personal information.
To the extent that you provide Personal Data on behalf of another person to United Cabs, users acknowledge that the terms of this ToS will apply to the transfer of any such data.
United Cabs Safety and Account Registration/Security
The users are responsible for safeguarding the password that they use to access the Service and for any activities or actions under its username and password. Therefore, you must not share or disclose your password with anyone. United Cabs recommends that you should use a “strong” password for each account that is unique to your United Cabs account and not used on any other service or account, e.g., a password that is not a dictionary term or other word, and combines numbers, upper case letters, lower case letters, and non-alphanumeric characters. The users acknowledge that passwords may be compromised no matter how strong the password. United Cabs is not liable to you for any loss or damage arising from any third-party accessing or using your account without your permission, regardless of how the third-party accesses your account.
Please take precautions to protect your user name and password, and contact us at email@example.com you believe your account has been accessed by an unauthorized person or compromised in any fashion.
Protecting Other People’s Rights
We respect other people's rights and expect users to do the same. You will not post content or take any action on United Cabs that infringes or violates someone else's rights or otherwise violates the law. We can remove any content or information users posts on United Cabs’ Application if we believe, based solely on our judgment and within our sole and exclusive discretion, that it violates this Statement, our policies or the spirit of the United Cabs community.
If we remove your content for any reason, and you believe we removed it by mistake, you have the ability to appeal that decision by sending an email to firstname.lastname@example.org explains why you believe that United Cabs should permit the content. It is within the sole and exclusive judgment of United Cabs whether the content is ultimately determined to be re-uploaded. If you repeatedly infringe other people's legal rights, we reserve the right to disable your account.
Links to Third-Party Resources
To the extent that United Cabs or a user provides resources that can be accessed with hypertext links from the Services that are not under the direct control of United Cabs, United Cabs is not responsible for the contents of those third-party resources. Links may be provided merely as a courtesy and convenience for users and visitors. The use of a link on the Services does not imply any recommendation, approval or enforcement of third-party resources or their business by United Cabs.
Cancellation, Deletion or Termination of user Subscription Account
If a user wishes to delete an existing user Subscription Account in its entirety, the user may contact United Cabs’ administration email@example.com request the deletion of his/her account.
Our rights:We reserve the right at all times (but will not have an obligation) to remove or refuse to collect or distribute any Content on the Services, to suspend or terminate users, and to reclaim user names and change passwords without liability to the user. We also reserve the right to access, read, preserve, and disclose any data, information or other Content as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms and the applicable user Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of United Cabs, its users, and the public.
Entire Agreement:These Terms, together with the Privacy Notice, which is incorporated herein by this reference as if set forth herein in its entirety, constitute the entire, complete and exclusive agreement between user and us regarding the Services, and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms and the Privacy Notice.
Amendments to these Terms:We reserve the right to modify, supplement, or replace these Terms, effective upon no less than thirty (30) days prior written notice. Upon opening the Application for the first time after any changes to these Terms are made, you will be prompted to review the Terms within the Application. Your continued use of the Services after any such update or modification shall confirm your agreement to the modified version of the Terms. If you do not want to agree to changes to the Terms, you may terminate your account with us, or otherwise terminate your use of the Services, prior to the modified Terms taking effect, in which case the prior set of Terms in effect as of the date of termination shall continue to control any disputes or other issues that may arise regarding your use of the Services. Only modifications, supplements or replacements of these Terms as stated in this provision shall be valid and effective to amend the Terms. Any other purported amendments shall be void and of no force or effect.
No Informal Waivers, Agreements or Representations:Any failure by any party to act with respect to a breach of these Terms by the user or others does not waive any right to act with respect to that breach or any subsequent breaches. Except as expressly and specifically contemplated by the Terms, no representations, statements, consents, waivers or other acts or omissions by any party, United Cabs or its Affiliates shall be deemed legally binding on the other party or its Affiliates, unless expressly and specifically documented in a writing that refers to the Terms and states expressly the intent to modify or supplement the Terms, and that an authorized officer of United Cabs has executed physically or electronically.
Assignment and Delegation:A user may not assign or delegate any rights or obligations under the Terms. Any purported assignment and delegation by user shall be ineffective. We may freely assign or delegate some or all of our rights and obligations under the Terms, and Privacy Notice, effective on sending a notice to the user at the email address we have for he/she/it, or if we have no email address for the user, by posting a notice of assignment on the United Cabs Application.
Choice of Law/Governing Law and Arbitration Clause
These Terms and any action related thereto will be governed by the law of the State of New York, and the federal laws of the United States of America, without regard to or application of any conflict of laws provisions or principles. Any dispute between us or arising out of these Terms, their performance, or the Service shall be determined by one arbitrator in binding arbitration administered by the American Arbitration Association (“AAA”) pursuant to its Commercial Arbitration Rules. The language of the arbitration shall be English.
To accommodate parties and witnesses that may be distant from each other, each hearing shall be conducted, and all testimony shall be entered by audio conference or video conference. The award of the arbitrator shall be final and binding on the parties and may be entered and enforced in any court or other tribunal of competent jurisdiction.
Proceedings will be conducted on an individual basis. Neither the user nor United Cabs may seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another proceeding without the prior written consent of all parties to the arbitration or proceeding. If this class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and will be administered by the AAA pursuant to its Supplementary Rules for Class Arbitrations, with the remaining parts proceeding in individual arbitration.
If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be illegal, void, or unenforceable, the provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the parties with respect to the provisions within the context of the overall Terms. If a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms will not be affected.
How to contact us
If you have any questions regarding this Terms of Service, please contact us at the information provided below. We will keep a copy of your message until we have had an opportunity to address your concern. We may archive your message for a certain period of time or discard it, but its email address will not be used for any other purpose.
United Cabs, Inc.
Jamaica, New York 11435