Welcome to the QuoteMe.Limo website (the “Website”). The terms “we”, “us”, “our”, “QuoteMe.Limo”, (“QML”) refer to Earth Marketing & Promotional Sales & Services, a California Corporation, and Doing Business As: QuoteMe.Limo. Access to our Website, any QML mobile or tablet application, or any other feature or other QML platform (collectively the “Platform”) is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the “Terms”). Please read these Terms carefully, as they contain important information about limitations of liability and resolution of disputes through arbitration rather than in court. You should also read our Privacy Policy, which also governs your use of our Platform, and is incorporated by reference into these Terms. By accessing or using our Platform, you agree that these Terms then in force shall apply. If you do not agree to the Terms, please do not use or access our Platform.

The Platform is a limousine search engine that provides users with pricing comparisons, reservation bookings and payment processes for Limousine Companies and their Client’s (AKA “Passengers”). QML does not provide, own or control any of the Limousine Services that you can access through our Platform (the “Limousine Services”). The Limousine Services are owned, controlled or made available by the “Limousine Providers”. The Limousine Providers are responsible for the Limousine Service. The Limousine Provider’s terms and privacy policies apply to your booking, so you must agree to, and understand those terms. Further, the terms of the Limousine that you plan to use will also apply to your booking, so you must also agree to, and understand those terms. Your interaction with any Limousine Provider accessed through our Platform is at your own risk, and QML does not have any responsibility should anything go wrong with your booking. QML has no control over the Limousine Service or Limousine Providers. QML hosts content, including prices, images and other information, made available by or obtained from Limousine Providers (“Provider Content”), as well as content provided by users, such as comments, ratings and other information (“User Content” and together with the Provider Content, the “Content”). QML is in no way responsible or liable for the accuracy, quality, completeness, reliability, timeliness or trustworthiness of the Content, and QML has no influence over the Content. In particular, we do not guarantee that Provider Content will be updated in real time or that a particular Limousine Service will be available. Limousine ratings displayed on this Platform are intended as only general guidelines, and we do not guarantee the accuracy of the ratings or of any User Content. We do, however, require Limousine Providers honor prices they have submitted to QML periodically or in real-time and served to you through our Platform.

QML offers its “QML Direct Booking” service, which allows a user to make a booking through our Platform. If you opt to use QML Express Booking, the booking will be made with the Limousine Provider named on the booking page, and QML will forward the booking information that you provide to the relevant Limousine Provider. When you make a booking through QML Express Booking, our Platform acts as only a user interface, and you will only have a valid booking with a Limousine Provider if you receive written confirmation within (state timeframe) from that Limousine Provider accepting your booking. The contract for the relevant booking will be made between you and the Limousine Provider. QML has no responsibility for the booking or the Limousine Service because QML has no involvement in creating the description of the Limousine Service, in defining the price and any fees, and in providing the Limousine Service that you book. If you have any issues or disputes around your booking and/or the Limousine Service, you agree to address and resolve these directly with the Limousine Provider and not with QML.

As a condition of your use of our Platform, you warrant that:

• You are at least 18 years of age;
• You possess the legal authority to create a binding legal obligation;
• You will use the Platform in accordance with these Terms;
• You will only use this Platform for your private use to search for legitimate Limousine deals;
• You will inform such other persons about the Terms that apply to any searches and/or bookings you have made on their behalf, including all rules and restrictions applicable thereto;
• All information supplied by you to our Platform is true, accurate, current and complete; and
• If you have a QML account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.

We retain the right at our sole discretion to deny access to anyone to our Platform and the services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms. The Limousine Service presented on the Platform are displayed in US Dollars. All prices displayed are to be understood as applying on a per hour basis, or on a per-trip basis, depending on whether you have selected an hourly or a one-way basis for your trip. The average price per hour per the timeframe for the selected period is displayed. All displayed prices include the Base Fee, Additional Fees, applicable sales tax and an optional gratuity.

The content and information on our Platform (including, but not limited to, price and availability of Limousine Service) as well as the infrastructure used to provide such content and information, is proprietary to us. While you may make limited copies of your itinerary (and related documents) for Limousine reservations booked through our Platform, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Platform. Additionally, you agree not to:

• Use our Platform or its contents for any commercial purpose;
• Make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand; access, monitor or copy any content or information of our Platform using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
• Violate the restrictions in any robot exclusion headers on our Platform or bypass or circumvent other measures employed to prevent or limit access to our Platform;
• Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
• Deep-link to any portion of our Platform (including, without limitation, the purchase path for any Limousine Service) for any purpose without our express written permission; or
• “Frame”, “mirror” or otherwise incorporate any part of our Platform into any other website without our prior written authorization.

If your activity on our Platform shows signs of fraud, abuse or suspicious activity, QML may deny its services to you, and close any associated QML accounts. If you have conducted any fraudulent activity, QML reserves the right to take any necessary legal action and you may be liable for monetary losses to QML, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact QML customer service.

Our Platform may contain hyperlinks to websites operated by parties other than QML. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from our Platform or other websites) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

QML believes in protecting your privacy. Please review our current Privacy Policy located at QuoteMe.Limo, which also governs your use of the Platform and, as stated above, is incorporated by reference, to understand our practices: Privacy Policy.

QML makes no representations about the suitability of the Content displayed on our Platform for any purpose. The display on our Platform of a Limousine Service or any Content does not in any way imply, suggest, or constitute a recommendation by QML of that Limousine Service or that Content, or any sponsorship or approval of such Limousine Service or such Content by such Limousine Provider, or any affiliation between such Limousine Provider and QML. All Content and any other information provided on our Platform are provided “as is” without warranty of any kind. QML disclaims all warranties and conditions that this Platform, its servers or any email sent from QML are free of viruses or other harmful components. QML hereby disclaims all warranties and conditions with regard to any Content or any other information provided on our Platform, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement. The Limousine Providers are independent from QML and are not agents or employees of QML. QML is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any Limousine Provider, including for injuries, death, property damage, or other damages or expenses resulting therefrom. QML will not be liable for any cancellation, overbooking, strike, force majeure or other causes beyond its direct control. QML does not accept responsibility for the uninterrupted accessibility to our Platform and may carry out technical or maintenance work on the Platform at any of its choosing. In no event shall QML be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Platform or with the delay or inability to access, display or use this Platform (including, but not limited to, your reliance upon opinions appearing on this Platform; any computer viruses, information, software, linked sites, products and services obtaining through this Platform; or otherwise arising out of the access to, display of or use of this Platform) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if QML has been advised of the possibility of such damages. If, despite the limitation above, QML is found liable for any loss or damage which arises out of, or in any way connected with, any of the occurrences described above, then the liability of QML will in no event exceed, in the aggregate, One-Hundred Dollars (US$100.00) or the amount you have prepaid for your trip through the Platform, whichever is greater, or the equivalent in local currency. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of QML.

You agree to defend and indemnify QML and any of its officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

• Your breach of these Terms or the documents referenced herein;
• Your violation of any law or the rights of a third party; or
• Your use of our Platform.

QML is committed to customer satisfaction. If you have a problem or dispute, we will try to resolve your concerns. However, if we are unsuccessful, you may pursue claims as explained in this section. You agree to give us an opportunity to resolve any disputes or claims relating in any way to the Platform, any dealings with our customer service agents, any services or products provided, any representations made by us, or our Privacy Statement (“Claims”) by contacting QML’s Customer Support Center. If we are not able to resolve your Claims within 60 days, you may seek relief through arbitration or in small claims court, as set forth below. Any and all Claims will be resolved by binding arbitration, rather than in court, except you may assert Claims on an individual basis in small claims court if they qualify. This includes any Claims you assert against us. This also includes any Claims that arose before you accepted these Terms, regardless of whether prior versions of the Terms required arbitration. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs), and must follow and enforce these Terms as a court would. Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Arbitration Rules and specifically Consumer Arbitration Rule R-14, which gives the arbitrator the power to rule on all issues concerning the arbitrability of any claim or counterclaim. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, except as provided in this section. If your total Claims seek less than $10,000, we will reimburse you for filing fees you pay to the AAA and will pay arbitrator’s fees. You may choose to have an arbitration conducted by telephone, based on written submissions or in person in the state where you live or at another mutually agreed location. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to “QML Legal,” at QuoteMe.Limo 3435 Thousand Oaks Blvd. #3144, Westlake Village, California 91359. If we request arbitration against you, we will give you notice at the email address or street address you have provided. The AAA’s rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879. Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to these Terms. An arbitration decision may be confirmed by any court with competent jurisdiction.

These Terms are governed by the Federal Arbitration Act, federal arbitration law, and for searches or bookings made by U.S. residents, the laws of the state in which you reside, without regard to principles of conflicts of laws. Use of our Platform is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.

Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our Platform or information provided to or gathered by us with respect to such use.

If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future. Fictitious names of companies, products, people, characters, and/or data mentioned on this Platform are not intended to represent any real individual, company, product, or event.

Any rights not expressly granted herein are reserved.