We are glad to see you on Limocell technology platform, welcome! 
These Terms of Use (further “Terms”) are a legally binding contract between Fulton Care LLC d.b.a. ("Limocell", "WE", "us", "our") and you ("you", "your", "user", "customer") and your successors and heirs and (if applicable) as a person or the corporate entity you represent. The Limocell services ("Limocell","Site","Services") are Limocell websites, portals, applications, services, channels, software, apps, and widgets (including the ones embedded on sites owned by third parties), and social media pages and channels (collectively, the “Websites”), and any services, features, media, functions, content, tools, and links contained in or offered via the Websites.

Acceptance of the Terms
Please read the Terms of Use carefully before you start using the Site. By using the Site, you accept and agree to be bound and abide by these Terms of Use, and our Privacy Policy, found at https://limocell.com/a/privacy. If you do not want to agree to these Terms of Use you must not access or use Limocell website and apps.

Limocell reserves the right to change these Terms. Notification of the change is made as a unilateral declaration by publishing the new Terms on the website of Limocell and informing users of this. If the user does not object to the new Terms within 14 days of the information being published, the new Terms then apply to the user. Continued use of Limocell’s services is then dependent on the acceptance of the Terms by the user.

If you are using the Services on behalf of a business, you represent that business to these terms and other pertinent agreements. You agree to hold harmless and indemnify Limocell and its agents, employees, affiliates from any claim, suit or action arising from or related to the use of the websites, applications or Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees. If you do not have such authority, you will be held individually liable for all actions taken under your Limocell account.

Limocell sends and receives SMS messages ONLY for user verification and active ride status notifications. Using Limocell website and apps assumes that you agree with sending and receiving these message. Limocell does not send SMS messages for marketing.

User Limitations
In order to access and use the Services you need to be at least 18 years of age person who can willingly and knowingly enter into legally binding contracts under the applicable law. If you are using the Services on behalf of a business, you represent that business to these terms and other pertinent agreements. You agree to hold harmless and indemnify Limocell and its agents, employees, affiliates from any claim, suit or action arising from or related to the use of the websites, applications or Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees. If you do not have such authority, you will be held individually liable for all actions taken under your Limocell account. Limocell may terminate your account without any notice for the causes including but not limited to:
Disclaimers and Acknowledgments
Limocell is a technology platform to help marketing, booking, communicating and providing a platform to enable transactions between the customers and TSP companies. Limocell does not represent the customers, partners, drivers or the Limousine companies beyond providing technological tools to help do their business. Limocell is not responsible for any conflict, wrongdoing, accident related property damage, punitive, psychological damages, loss of life, disability and issues between the customers, TSP companies.

The user can choose between one way or hourly bookings for their Ride Request. If, according to the express wishes of the user, or guest, the actual ride request requires additional effort compared to the original Ride Request, the TSP should carry this out where possible. Making modification to the original booking may result in additional costs for the individual arrangement.

Transport Safety, Consequences
The fare price given in the booking confirmation includes the number of travellers and of pieces of luggage specified per selected vehicle type. Excess luggage, bulky luggage, or the transportation of animals could lead to fare increase. The TSP reserves the right to refuse the carriage of luggage and/or animals which was/were not agreed to. This also applies to animals which are not contained in closed and suitable transportation crates.

Carriage of Children
The need for safety seats for children should be requested by the user as an additional comment by specifying the number and age of children to be transported as well as the required type of seating.

Delays
Exceptional situations outside Limocell or TSP's control such as strikes, extreme weather conditions, etc. can be compensated only to a limited extent, meaning that longer waiting periods or last-minute cancellations must be accepted by users.

Cancellations
One way booking cancellations made an hour or more before the pickup time is free of charge. In case of cancellation within the last hour, the full fare must be paid. A cancellation can only be done by using the cancel feature in our App or Website. Hourly booking cancellations made 24 hours or more before the pickup time are free of charge. In case of cancellation within the last 24 hours a full fare must be paid. A cancellation can only be done by using the cancel feature in our App or Website.

No-shows
A ride is considered a no-show if the user, or guest, has not shown up without cancellation within 30 minutes after the agreed pickup time at the agreed pickup location. If a customer does not show up, the user loses their entitlement to carriage over the TSP and the ride must be paid for in full. Possible surcharges for waiting time do not apply.

Changes to Booking
Even after the conclusion of the arrangement agreement and even after the start of the ride, provided it is possible for the TSP, the user (and the guest) can make changes to the Travel Arrangements.
Depending on the severity, changes to bookings are generally treated as new bookings. The policy for dealing with cancellations applies to the ride originally agreed upon. A compensation claim by Limocell for the originally agreed ride can be made accordingly.

If a ride is spontaneously extended (distance or number of hours) according to the wish of the user, or guest, the actual service (total distance or number of hours) will be newly calculated and priced according to the current price structure. In the case of hourly bookings, each additional 30-minute block is considered for invoicing, i.e. from the first additional minute, a half hour will be rounded up to ensure more reliable planning.

Accordingly, the compensation claim increases for the user, due to Limocell’s expenses for the Contract of Carriage for the Benefit of the user increasing. If the distance or number of hours are less than originally booked, the price remains unaffected.

Behavior in the Vehicle
During the entirety of the ride, all guests must follow the regulations which apply to the relevant Road Traffic Act, especially the seat belt regulations. Any instructions given by the TSP must be followed. It is the responsibility of the TSP to ensure a safe ride. It is therefore prohibited for guests to open the doors while riding, throw any objects from the vehicle, and/or stick body parts out of or shout from the vehicle. If the user wishes to use any of the devices or facilities in the vehicle, a brief instruction is required from the TSP.

Smoking is prohibited in the guest part of the vehicle. If the user, or guest, ignores this, they are liable to pay not only the cost for the cleaning of the vehicle but also compensate for the loss of business due to the downtime of the vehicle. The consumption of food is discouraged. Alcoholic drinks are only allowed to be consumed in the car with prior consent of the driver.

Compensation and Payment
The compensation claim of Limocell is specified during the Booking Confirmation. Key factors for the fare amount are: the chosen vehicle class, the distance, how far in advance the ride is booked, as well as the pickup time and possibly the location. Additionally booked special requests, e.g. multilingual driver, individual vehicle labeling, additional stops, bulky luggage, car seats for children, etc. may cause the price to increase.

Terms of Payment and Transaction Fees
Limocell only accepts credit cards as the payment method. The credit card details are collected during the booking process, the validity of the card may be checked. The fare amount is only charged after the ride is completed, the ride is cancelled by the customer beyond cancellation time-frame or due to no-show.

Credit card charges are carried out by the Limocell partner TSP company, not Limocell. If there is dispute regarding the charged amount, Limocell assume the arbitration to determine the resolution for the final amount according to Limocell terms of use.

Invoices
Limocell provides the user with the respective invoice electronically as a download in their Limocell account.

Vouchers
Vouchers are only redeemable individually and cannot be combined with other vouchers. Vouchers are not redeemable for cash. Liability
Limocell is not liable for damage caused by Limocell partnvicarious agents or subcontractors either intentionally or due to gross negligence. The TSP as well as all drivers employed for the travel service are neither vicarious agents nor subcontractors of Limocell. Rather, Limocell arranges, for the user, a direct entitlement to carriage over a TSP.

In case of damage caused by simple negligence, Limocell is liable only for breach of fundamental contractual obligations and for foreseeable and typical damage. Fundamental contractual obligations are those which, when fulfilled, enable the proper execution of the contract and upon which the user can rely.

Limitation of liability does not apply in the context of an express guarantee of condition and quality, in case of intentional harm to life, body, or health, as well as claims under the Product Liability Act.

Contents of online tools
Limocell is not liable for the accuracy, reliability, completeness, or timeliness of the free content and programs which are distributed under the name of online tools, nor for any damage arising therefrom, except to the extent that such damages are caused intentionally or by gross negligence by Limocell. This applies to all kinds of damage, especially damage caused by errors, delays or interruptions in the transmission, or problems with technical equipment and service, incorrect content, omissions, loss or deletion of data, viruses or in any other way due to the use of this online offer. Furthermore, Limocell is not liable for the availability and efficiency of the features offered.

Websites of Third Parties
Limocell accepts no responsibility for the content, accuracy, legality and functionality of third-party websites which are referred to through links. Accessing these pages through hyperlinks is done at the risk of the user.

Accuracy of Transmitted Information, Disruption of Access
Limocell accepts no responsibility for ensuring that the information provided is accurate and complete nor that it reaches the user or driver in time. This does not apply to content in the Booking Confirmation.

Limocell is not liable for disruptions to the quality of access to the online tools due to excess force or due to events which Limocell is not responsible for, in particular the failure of communication networks and/or gateways. Limocell makes no guarantee that the website will function uninterrupted or error free, nor that any errors will be corrected.

Release of Liability by the user
The user releases Limocell of all claims and expenses, including appropriate attorneys fees, levied against Limocell by a third party for any use of the online tools by the user which violates the contract or is a breach of these Terms.

Changes to the Offer by Limocell
Limocell reserves the right to at any time make changes to the online tools in a way that is appropriate to the user, so as to further develop and improve their quality. In addition, Limocell reserves the right to, with good cause, temporarily or permanently discontinue its offer through the online tools, even without the user being informed personally of this.

Protection of Content, Granting of Rights of Use to online tools
Limocell website, online tools and apps are copyright protected. Limocell grants the user the conditional and revocable right to use the online tools as intended through complying with these Terms. Any use beyond this (changes, copies, re-releases, transfers, distribution, or other improper purposes) is prohibited.

Final Provisions
These Terms are the entire agreement between Limocell and the user for the service. Subsidiary agreements do not exist. Changes and additions to this agreement must be in written form, digital form is not sufficient; the same applies to changes or additions to this written-form requirement.

Electronic Communications
By accessing or using the Websites or Services, you consent to receiving communications from us electronically. We will communicate with you in a variety of ways, including, without limitation, by email, text messages, in-app push notifications, or by posting notices and messages on the Websites or through any of the Services. By accessing or using the Websites or Services, you willingly and knowingly agree that all contracts, notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Review/Feedback Policy
An important part of the Limocell community is the feedback system. Users have the ability to leave reviews and comments, and we want that process to be as open as possible. Part of that openness is acknowledging that certain behaviors are not acceptable. Limocell retains the right to remove any content posted on or submitted through any of its Websites or Services. However, the only user Content likely to be removed is that which violates these Terms, the Additional Terms, or the Privacy Policy, or the rules or guidelines on the applicable Website or Service regarding reviews, comments, feedback, and other user Content (the "Review Policies").

Limocell is under no obligation to enforce these Terms, the Additional Terms, the Privacy Policy, or any of the Review Policies on your behalf against another user. While Limocell encourages you to inform us if you believe that another user has violated these Terms, the Additional Terms, the Privacy Policy, or any of the Review Policies, we reserve the right to investigate and take appropriate action at our sole discretion.

Indemnification and Release
If there is a dispute between users of the websites/apps/services and Limocell TSP companies, including between Consumers and Retailers, you understand and agree that Limocell and its affiliates are under no obligation to become involved in such a dispute. You agree to indemnify and hold Limocell and its affiliates (and their respective owners, directors, managers, officers, partners, employees, independent contractors, agents, successors and assigns) harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs, and expenses (including but not limited to attorneys’ fees and court costs) known and unknown, suspected and unsuspected, disclosed and undisclosed arising out of or relating to: (i) your use or misuse of the Websites or Services; (ii) your user Content; (iii) your breach or violation of these Terms, the Additional Terms, or the Privacy Policy; or (iv) your violation of applicable laws or regulations.

Limocell will use reasonable efforts to notify you of any such claim for which Limocell seeks indemnification hereunder upon becoming aware of it; provided that the failure to provide such notice shall not relieve you of your obligation to provide indemnification hereunder. Limocell reserves the right, at your expense, to assume the exclusive defense and control of any such matter for which you are required to indemnify us or any other indemnitee hereunder, and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without the prior written consent of Limocell.

You hereby release and forever discharge Limocell (and its owners, directors, managers, officers, partners, employees, independent contractors, agents, and successors and assigns of itself or its affiliates) from, and hereby waive and relinquish your rights with respect to, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), arising out of or relating to any interactions with, or act or omission of, other Websites or Services or Third-Party Materials.

Dispute Resolution
THIS SECTION GOVERNS HOW DISPUTES BETWEEN YOU AND Limocell ARE RESOLVED, AND REQUIRES THAT DISPUTES BE SUBMITTED TO BINDING INDIVIDUAL ARBITRATION. PLEASE REVIEW THIS SECTION CAREFULLY AS IT LIMITS CERTAIN RIGHTS INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, AND THE RIGHT TO PARTICIPATE IN CLASS OR OTHER COLLECTIVE ACTIONS.

Overview of Dispute Resolution Process
Limocell is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process: (i) an informal negotiation directly with Limocell's customer service team; and (ii) a binding arbitration administered by the American Arbitration Association (“AAA”).

Pre-Arbitration Dispute Resolution and Notification
In the event a dispute arises out of or relates to these Terms, the Additional Terms, the Privacy Policy, or your use of the Websites and Services, you and Limocell, in good faith, agree to first attempt to resolve the dispute between ourselves through informal direct discussions prior to the initiation of arbitration. If, after a good faith effort to negotiate, either you or Limocell feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules (as defined below).

Agreement to Arbitrate
In the event we cannot resolve a dispute through direct informal discussions, you and Limocell (collectively, the “Parties”) mutually agree that any dispute, claim, counterclaim, or controversy arising out of or relating to these Terms—including the applicability, breach, termination, validity, enforcement or interpretation thereof—or the use of the Websites and/or Services (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to a Dispute, the Parties mutually agree that the arbitrator will decide this issue. Exceptions to Arbitration Agreement The Parties mutually agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) any claim related to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; and (ii) any claim seeking emergency injunctive relief based on exigent circumstances. Filing of claims subject to these exceptions shall not be deemed a waiver of either your or Limocell's right under the Arbitration Agreement to have all other Disputes determined by individual arbitration in accordance with the terms of the Arbitration Agreement.

Arbitration Rules and Governing Law
This Arbitration Agreement shall be governed by the Federal Arbitration Act. The arbitration will be administered by the AAA in accordance with the AAA Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.

Jury Trial Waiver
The Parties acknowledge and agree to waive the right to a trial by jury as to all arbitrable Disputes.

No Class Actions or Representative Proceedings
The Parties acknowledge and agree, to the fullest extent permitted by law, to waive the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, collective action, private attorney general action, or any other representative proceeding as to all Disputes. Unless the Parties both otherwise agree in writing, the arbitrator may not consolidate or join the claims of other persons or parties, or otherwise preside over any form of class, collective, or representative proceeding. If the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute must proceed in court. If the “collective action” waiver or the “private attorney general action” waiver or the “representative proceeding” waiver in this paragraph is held unenforceable with respect to any Dispute, those waivers may be severed from this Arbitration Agreement and the Parties agree that any collective claims and private attorney general claims and representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration.

Severability / No Waiver
Except as provided above with respect to the “class action lawsuit” or “class-wide arbitration” waivers, if any provision of the Arbitration Agreement is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of the Arbitration Agreement shall continue in full force and effect. Survival Past Termination Unless superseded by a later arbitration agreement between the Parties, this Arbitration Agreement will survive the termination of these Terms.

Disclaimer Of Warranties
You expressly acknowledge, understand, and agree that: To the maximum extent permitted by law, the entire risk ensuing your access to, and use of the Websites and Services, is assumed by you and remains with you. THE WEBSITES AND SERVICES ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS”, AND "AS AVAILABLE" BASIS. Limocell and its affiliates, officers, directors, managers, shareholders, owners, employees, contractors, consultants, and agents expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement and quality of service, or any other potential or actual warranty of any kind.

Limocell and its affiliates, officers, directors, managers, shareholders, owners, employees, contractors, consultants, and agents make no guarantee or warranty that: (a) the Websites and Services will satisfy your needs and requirements or will be compatible with your equipment; (b) the Websites and Services, and all affiliated websites, features, services, communications, and applications, will be comprehensive, uninterrupted, timely, secure, or error-free, or be free from loss, destruction, corruption, online attack, viruses, worms, or other invasive, harmful, or corrupted or other related intrusions; (c) the information, data, or results realized or obtained from your use of the Websites will be accurate, up to date, satisfactory or reliable or fit or useful for any specific purpose; (d) the quality or value of any properties, services, products, information, or other materials purchased or obtained by you through the Websites and Services will meet your expectations; (e) that any offer made or message sent will be successfully transmitted, received, and processed; and (f) any errors in the guidelines, software, or protocols will be corrected or resolved.

Limocell is unable to guarantee consistent, continuous, or secure access to its websites, applications, services, programs, content, and network, and operation of the Websites and Services may be interfered with or delayed by numerous potential factors outside of Limocell's control.

Any product or program downloaded or otherwise obtained through the use of the Websites and Services is accessed at your own discretion and risk, and you will be solely responsible and fully liable for any damage to your computer system or mobile device, loss of data, or any other loss or damage that results from the download or use of any such product, material, application, feature, or other program.

All content, including medical or legal information, strategy, guidelines, or related content, whether oral or written, obtained by you from Limocell or from the Websites, Services, or relevant social media pages is intended for informational and educational purposes only. Such information is not intended to be legal advice and/or medical advice, diagnosis, or treatment. You should consult an attorney for legal advice regarding your individual situation and/or a doctor or other qualified healthcare provider if you have any doubts or concerns related to any medical conditions.

No information, including medical or legal information, strategy, guidelines, or related content, whether oral or written, obtained by you from Limocell or from the Websites, Services, or relevant social media pages shall create any warranty, guarantee, or strategy not expressly stated in these Terms.

Limocell cannot and does not control any user Content and, as such, does not guarantee the accuracy, integrity, quality, safety, legality, morality, and/or authenticity of such content, the truth or accuracy of users’ content, the ability of listings to confirm product availability or pricing, or the ability of users to confirm experiences from using or purchasing specific products discussed or sold on the Websites or Services.

Limitation Of Liability
You expressly acknowledge, understand, and agree that:
Limocell and its subsidiaries, affiliates, officers, employees, agents, partners, licensees, and licensors shall bear no liability whatsoever, whether in contract, warranty, tort (including negligence), product liability, or any other legal theory for any costs or damages of any kind resulting from technical disruptions, computer malfunctions, computer viruses, third-party modifications to the Websites or Services, or any other event beyond Limocell reasonable control.

Limocell and its subsidiaries, affiliates, officers, employees, agents, partners, licensees, and licensors shall not be liable to you (or any third party you represent) for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, or other damages, including, but not limited to, computer damage or system failure, damages for loss of opportunity, reputation, profits, goodwill, use, valuation, tax benefit, data, or other intangible losses (even if Limocell has been advised of the possibility of such damages) arising out of or related to: (a) these Terms, the Additional Terms, and the Privacy Policy; (b) the use of or the inability to use the Website or Services; (c) the cost to procure substitute goods and services resulting from any goods, data, information, or services purchased or obtained, or messages, e-mails, reviews, postings, comments, or other communications received, or transactions entered into via the Websites or Services; (d) unauthorized access to or alteration of your transmissions or data; (e) statements or conduct of any third party on the Websites; (f) the failure of the network or the Websites to timely process an offer; or (g) any other matter relating to the Websites or Services.

Neither Limocell nor its subsidiaries, affiliates, officers, employees, agents, partners, licensees, and licensors is a party to any transactions made between Retailers and Consumers. Neither Limocell nor its subsidiaries, affiliates, officers, employees, agents, partners, licensees, and licensors shall be liable for any defaults, costs, the contents of any documents, or interactions between or among users, including users, listings, physicians, and all related parties.

TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE AMOUNT OF OUR TOTAL LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, THE ADDITIONAL TERMS, THE PRIVACY POLICY, OR YOUR USE OF THE WEBSITES OR SERVICES (OR RELATED TO OUR PROVISION OF SERVICES OR PERFORMANCE OR NONPERFORMANCE OF OUR OBLIGATIONS) IS LIMITED TO THE GREATER OF: (A) THE AMOUNT OF FEES IN DISPUTE NOT TO EXCEED THE TOTAL FEES, IF ANY, YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; OR (B) $100.

The limitations of damages set forth above are fundamental elements of the basis of the bargain between you and Limocell. Some states, counties, or jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential, or other related damages or losses. Accordingly, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Nothing herein is intended to limit any rights you may have which may not be lawfully limited.

Choice Of Law; Venue
Except as otherwise provided, these Terms, the Additional Terms, and the Privacy Policy shall be governed by the laws of the State of California without regard to its conflict of law provisions. Judicial proceedings that are excluded from the Arbitration Agreement must be brought in state or federal court in Alameda County, California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Alameda County, California.

Entire Agreement
These Terms, in addition to any applicable Additional Terms and the Privacy Policy and any other agreements between you and Limocell with respect to the Websites or Services, constitute the entire and exclusive understanding and agreement between you and Limocell regarding the Websites and Services, and these Terms supersede and replace any and all prior Terms of Service or Terms of Use for any of the Websites or Services.

No Waiver
The failure of Limocell to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Limocell. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

No Third-Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than you and Limocell.

No Right Of Survivorship And Non-Transferability
You agree that your Limocell account is non-transferable and any rights to your Website user identification or contents within your accounts terminate upon your death.

For questions about the Limocell Websites or any of the Services we provide, please feel free to contact our Customer Service department at [email protected] or call 1 (260) 468-5466 to speak to a representative.