Terms of Use
Welcome to Olympic Limousine's website.
Acceptance
Use of Olympic Limousine, LLC's ("Company") web site at www.olympiclimo.us ("Web Site" or "Site"), the online reservation services (the "Services") provided by Olympic's Mobile Applications (each a "Mobile App" or "Software"), are subject to the terms and conditions of use set forth below ("Terms of Use"), which include Company's Privacy Policy, incorporated into these Terms of Use by reference.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEB SITE, THE SERVICES, OR THE SOFTWARE. BY USING THE WEB SITE, THE SERVICES, OR THE SOFTWARE, YOU AGREE TO THESE TERMS OF USE. IF AN INDIVIDUAL IS USING THE WEB SITE, THE SERVICES, OR THE SOFTWARE ON BEHALF OF A BUSINESS ENTITY, WHETHER AS AN EMPLOYEE, CONSULTANT OR AGENT OF SUCH BUSINESS ENTITY, BY DOING SO, SUCH INDIVIDUAL REPRESENTS THAT THEY HAVE THE LEGAL CAPACITY AND AUTHORITY TO BIND SUCH BUSINESS ENTITY TO THE TERMS OF USE. "YOU" SHALL REFER BOTH TO THE INDIVIDUAL ACCESSING THE WEB SITE, THE SERVICES, OR THE SOFTWARE ON BEHALF OF A BUSINESS ENTITY, IF ANY, AND ANY SUCH BUSINESS ENTITY ITSELF. COMPANY MAY CHANGE THESE TERMS OF USE FROM TIME TO TIME WITHOUT NOTICE, AND SUCH CHANGES WILL BE EFFECTIVE ON THE DATE THEY ARE POSTED ON THE WEB SITE. USE OF THE WEB SITE, THE SERVICES, AND THE SOFTWARE AFTER SUCH CHANGES HAVE BEEN POSTED CONSTITUTES YOUR ACCEPTANCE OF ALL SUCH CHANGES. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE WEB SITE, THE SERVICES, OR THE SOFTWARE.
Description of Site and License
The Site provides information about Company products and services. The text, images, and other contents of the Site (collectively, the "Contents") are protected by the copyright laws of the United States and other countries. Company grants you a license to view the Contents on the publicly accessible areas of the Site. This license does not include the right to screen scrape, reproduce, distribute, broadcast, modify, or otherwise commercially exploit any of the Contents, except that reproduction incidental to your use of the Site in accordance with these Terms is permitted. The license can be terminated by Company at any time with or without cause.
Modifications to Service
Company reserves the right at any time and from time to time to modify the Contents or discontinue providing access to the Site (or any part thereof), temporarily or permanently, with or without notice to you. You agree that Company will not be liable to you for any modification, suspension or discontinuance of the Site or the Contents.
Use of the Web Site, the Services, and the Software
You may only use the Web Site, the Services, and the Software in accordance with the Terms of Use, any posted policies and procedures that appear on the Web Site, and for lawful purposes. You agree not to use the Web Site, the Services, or the Software to: (a) transmit any material that infringes or misappropriates any third party's copyright, trademark, trade secret, patent, or other proprietary rights, (b) transmit any material that is false, inaccurate, fraudulent, or misleading, (c) distribute computer viruses, worms, or software intended to damage or alter a computer system without the owner's consent, (d) use "auto-responders," "cancel-bots," or other similar mechanisms that generate excessive network traffic, (e) transmit any unlawful, harmful, defamatory, pornographic, obscene, vulgar, threatening, harassing or otherwise objectionable material, (f) send or relay any unsolicited advertising or chain letters, (g) exceed your permitted access or attempt to gain unauthorized access to the Web Site, the Services, or the Software, or any part thereof, or other accounts, computer systems or networks, through login password mining or any other means, (h) frame any portions of the Web Site, the Services, or the Software within another web site or establish links from any other web site to any page of the Web Site other than the home page or (i) resell use of, or access to, the Web Site, the Services, or the Software to any third party without Company's prior written consent. Company reserves the right to terminate your access to the Web Site, the Services, or the Software at any time without notice if we determine, in our sole discretion, that you have abused or violated any of these terms and conditions.
Compliance with Copyright Law
Company will comply with all applicable laws respecting copyright. If you believe your copyright in a work has been infringed through the Site, please contact our agent for notice of claims of copyright violation: Olympic Limousine, Copyright Agent, PO Box 14292, Olympia, WA 98511; via e-mail at legal@olympiclimo.us; phone 360.456.8054; fax 360.464.2342. You must provide our agent with the following information in writing: (1) a description of the copyrighted work you believe has been infringed; (2) information sufficient to identify the location of the allegedly infringing material on the Site.; (3) your address, telephone number, and email address; (4) a statement to the effect that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (4) a declaration, under penalty of perjury, that the information you have provided is accurate and that you are the owner of the copyright involved or you are authorized to act on behalf of that owner; (5) your physical or electronic signature. Upon receiving your complaint, we may remove content that you believe infringes your copyright. In addition, we may take other action against the person or persons responsible for posting or transmitting the infringing material.
Mobile Charges
You are responsible for payment of any costs or expenses incurred as a result of downloading and using any Software, including any operator network and roaming charges. Please check with your service provider for details.
Mobile Application License
Subject to your compliance with these Terms of Use, Company grants you a limited non-exclusive, non-transferable license to download and install a copy of the Software on a single mobile device that you own or control and to run such copy of the Software solely for your use.
Unless otherwise agreed in writing you shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Software or Services in any way; (ii) modify or make derivative works based upon the Software; (iii) create Internet "links" to the Web Site or "frame" or "mirror" the Software or Services on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Software or Services in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Services or Software or Services, or (c) copy any ideas, features, functions or graphics of the Web Site, Services, or Software, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Web Site, Services, or Software.
ID Number, Password and Security
You are responsible for maintaining the confidentiality of any user ID and/or password provided to you by Company for use in connection with the Web Site, the Services, or the Software. You are solely responsible for all activities that occur under your user ID and/or password, and you agree to notify Company immediately of any unauthorized use of your user ID and/or password or any other breach of security related to the Web Site, the Services, or the Software. COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO SAFEGUARD YOUR USER ID AND/OR PASSWORD OR TO COMPLY WITH THIS SECTION.
Services
Company provision to you of the Services may be subject to other terms, conditions and restrictions posted on the Web Site, the Software or otherwise communicated in writing to you by Company, including via email. The Services are subject to availability and all price quotes are estimates. Please refer to the Frequently Asked Questions page and/or Service Terms of Use page for more information.
Proprietary Rights and Communication with Company
(i) The Web Site and the Software, and certain content therein, the Services, and any underlying software may be protected by copyright, trademark, patent, and/or other intellectual property and proprietary rights laws and are owned (along with all proprietary rights therein, including all rights, in and to the Web Site, the Services, and the Software, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Web Site, the Services, or the Software) by Company and/or its licensors. You agree that you will not copy, distribute, republish, display, post, transmit, download, or modify any content you obtain from the Web Site, the Services, or the Software, or any other Company or licensor owned intellectual property without Company's prior permission; provided, however, that you may download or print a copy of information from the Web Site for your use in learning about, reserving, or using the Services.
(ii) Excepting any suggestions, ideas, enhancement requests, feedback, recommendations or any other information deemed proprietary and detailed above in 6(i), any other communication or material you transmit to us by email or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and nonproprietary. Except to the extent expressly covered by our Privacy Policy, anything you transmit or post may be used by us for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, you expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.
Third Party Applications
The Web Site, the Services, and the Software may enable you to link or connect you to use functionalities of third party applications, services or sites that are not owned or controlled by Company ("Third Party Applications"). Any Third Party Applications are subject to the terms and conditions of the relevant third party provider. Company has no control over and is not responsible or liable for any matters relating to your dealings or transactions with such third parties and over any third party content, syndicated content, applications, services, sites, advertisements, links, privacy policies and/or practices of any such third parties that may be accessible via the Web Site, the Services, or the Software. It is your responsibility to check the privacy policies and terms of service and usage of all third party sites that you visit prior to downloading or using any such Third Party Applications.
Warranty Disclaimer
THE WEB SITE, THE SERVICES, THE SOFTWARE AND ANY INFORMATION PROVIDED THROUGH THE WEB SITE, THE SERVICES, OR SOFTWARE, INCLUDING ANY THIRD PARTY APPLICATIONS OR THIRD PARTY PROVIDED INFORMATION, ARE PROVIDED BY COMPANY ON AN "AS IS" BASIS, AND NEITHER COMPANY NOR ITS SUBSIDIARIES, PARTNERS, AFFILIATES, VENDORS OR SUBCONTRACTORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEB SITE, THE SERVICES, OR THE SOFTWARE OR THE INFORMATION MADE AVAILABLE BY OR THROUGH THE WEB SITE, THE SERVICES, OR THE SOFTWARE. IN ADDITION, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY AND NON-STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR CUSTOM OF TRADE. NEITHER COMPANY NOR ANY OF ITS SUBSIDIARIES, PARTNERS, AFFILIATES, VENDORS OR SUBCONTRACTORS WARRANTS THAT USE OF THE WEB SITE, THE SERVICES, OR THE SOFTWARE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE, THE SERVICES, OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. Some jurisdictions may not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
Limitation of Liability
IN NO EVENT WILL COMPANY, ANY OF ITS SUBSIDIARIES, PARTNERS, AFFILIATES, VENDORS OR SUBCONTRACTORS, INCLUDING THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE, THE SERVICES, OR THE SOFTWARE, OR ANY WEBSITES OR THIRD PARTY APPLICATIONS LINKED TO THE WEB SITE, THE SERVICES, OR THE SOFTWARE, WHETHER BASED ON CONTRACT, TORT OR OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER COMPANY KNEW OR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY' AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING FROM OR RELATING TO THE WEB SITE, THE SERVICES, OR THE SOFTWARE (REGARDLESS OF THE CAUSE OF ACTION, WHETHER UNDER CONTRACT, TORT, OR OTHER LEGAL THEORY) IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID BY THE USER TO COMPANY FOR THE SPECIFIC SERVICE THAT IS THE SUBJECT OF THE DISPUTE OR (ii) $10. THE FOREGOING LIMITATIONS OF LIABILITY ARE INDEPENDENT OF, AND SHALL APPLY REGARDLESS OF, ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED OR EXCLUSIVE REMEDY. You acknowledge that Company has agreed to provide the Web Site, the Services, and the Software in reliance on the exclusions of liability and disclaimers of warranty set forth herein. Some jurisdictions do not allow the limitation of incidental or consequential damages, so the above limitation may not apply to you.
Indemnification
You agree to indemnify and hold Company, its subsidiaries, partners, affiliates, vendors, subcontractors, officers, employees, and agents harmless from any and all losses, liabilities, damages and/or costs (including reasonable attorneys' fees) arising from any third-party claims arising from or related to your use of the Web Site, the Services, or the Software, or your violation of the Terms of Use or the Privacy Policy.
Payment
Company may use a third-party payment processor (the "Payment Processor") to link your credit card account to pay for the Services booked on the Web Site and through the Software. The processing of payments or credits, as applicable, in connection with your use of the Web Site, the Services, and the Software will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these Terms of Use. Company is not responsible for any errors by the Payment Processor. In connection with your use of the Web Site, the Services, or the Software, Company will obtain certain transaction details, which Company will use solely in accordance with the Privacy Policy.
Privacy
Company takes the privacy of you and your information very seriously. For further information about what information we collect and how we use such information, please view our Privacy Policy.
Severability
If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.
Waiver & Remedies
The failure of Company to partially or fully exercise any rights or the waiver of Company of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by Company or be deemed a waiver by Company of any subsequent breach by you of the same or any other term of these Terms of Use. The rights and remedies of Company under these Terms of Use and any other applicable agreement between you and Company shall be cumulative, and the exercise of any such right or remedy shall not limit Company' right to exercise any other right or remedy.
International Access
The Web Site, the Services, and the Software are provided from the United States of America and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the Web Site and Service. We make no representations regarding the legality of this Web Site, the Services, or the Software in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.
Governing Law
The laws of the State of Washington shall govern these Terms of Use. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN THURSTON COUNTY, WASHINGTON FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF USE OR YOUR ACCESS OR USE OF THE WEB SITE, THE SERVICE, OR THE SOFTWARE.
Force Majeure
Company shall not be responsible for damages caused by delay or failure to perform, in full or in part, any of its obligations in connection with the Web Site, the Services, or the Software provided that there is due diligence in attempted performance under the circumstances and that such delay or failure is due to fire, earthquake, unusually severe weather, strikes, government sanctioned embargo, flood, act of God, act of war or terrorism, act of any public authority or sovereign government, civil disorder, delay or destruction caused by public carrier, or any other circumstance substantially beyond the control of Company.
Entire Agreement
These Terms of Use and the other policies and terms posted on the Web Site set forth the entire agreement between you and Company on this subject matter and supersede all other negotiations, understandings, statements and agreements between the parties. Subject to Company's right to modify these Terms, no modification of these Terms will be valid unless in writing and signed by both parties.
Questions
If you have any questions about these Terms and Conditions, please contact us at: Mail: Olympic Limousine, LLC., PO Box 14292, Olympia, WA 98511. Tel: 360-456-8054. Email: info@olympiclimo.us. Notwithstanding the foregoing, Company is under no obligation to provide technical support for the Web Site, the Service, or the Software. You are responsible for your equipment and access costs. You agree that you are solely responsible for obtaining and maintaining any and all equipment and services needed for your access to and use of the Site, and for all charges related thereto.
This document was last updated on August 6, 2016
