Riders Terms and Conditions

1.  These General Terms and Conditions (“Terms”) shall govern the contractual relationship between Luxury Transports, Inc., its parents, subsidiaries, representatives, affiliates, officers and directors (collectively “LT, Inc.”) and any individual, group of individuals, corporation, company, or other business entity (“Rider/User”), which is created by the Rider/User having registered a Profile and/or Account through LT, Inc.’s on line application (“app”) and/or LT, Inc.’s website (www.luxurytransportsinc.com) (“website”).  By completing such a Profile and/or Account, the Rider/User expressly stipulates and agrees to be bound by these Terms, as they constitute a legal agreement between the Rider/User and LT, Inc., as amended and supplemented.  

2.  The Rider/User expressly confirms having read and understood, and agrees to be bound by, these Terms.  Any Rider/User who does not agree to these Terms may not request, reserve, use, or otherwise access the services provided through LT, Inc.’s app and/or website.   These Terms supersede and replace all prior relationships, agreements and/or arrangements between the Rider/User and LT, Inc., except as specifically provided herein. 

3. Supplemental terms may apply to certain services requested or reserved through LT, Inc.’s app and/or website, and, if applicable, such terms will be detailed in a separate disclosure to the Rider/User, or in connection with the applicable services.   Any supplemental terms shall be in addition to, and also deemed a part of, these Terms, and they shall govern in the event of a conflict with these Terms as to the applicable services.  The continued access or use of the Rider/User’s Profile and/or Account and/or the services advertised through LT, Inc.’s app and/or website after the Rider/User’s receipt or notification of such supplemental terms confirms the Rider/User’s continued consent to be bound by these Terms, as supplemented. 

4.  LT, Inc. may amend these Terms from time to time.   Amendments shall be effective upon posting on LT, Inc.'s app and/or website.   The continued access or use of the Rider/User’s Profile and/or Account and/or the services advertised through LT, Inc.’s app and/or website after such posting confirms the Rider/User’s continued consent to be bound by these Terms, as amended.  

5.  The contractual relationship created herein between the Rider/User and LT, Inc. is and shall be considered “AT WILL”, and may be canceled by either party at any time and for any reason, without notice to the other party. 

6.   LT, Inc. may also close and/or cancel the Rider/User’s Profile and Account at any time and without notice to the Rider/User for the following reasons: (i) lack of compliance with or any violation of these Terms, as amended or supplemented; (ii) lack of compliance with or any violation of any additional terms or conditions contained within LT, Inc.’s app and/or website (including within a particular Rider/User’s Profile and/or Account); (iii) any violation of the laws of the State of Michigan or of any other State within which transportation services are requested, offered, and/or provided; and/or (iv) any other reason permitted by the laws of the State of Michigan or of any other State within which transportation services are requested, offered, and/or provided.

7. The Rider/User affirms that all information provided in the Rider/User’s Profile and Account through LT, Inc.’s app and/or website is accurate and will be updated promptly if there are any changes to same.

8.  The Rider/User acknowledges and understands that that LT, Inc. is an app-based on line company, providing only advertising services as a means of connecting the Rider/User with certain available independent, third party transportation companies, thereby enabling the Rider/User to schedule transportation services from the Rider/User’s choice of such third party companies.   Access to such advertised transportation services is provided in connection with LT, Inc. only through the Rider/User’s registered and authorized use of LT, Inc.’s app and/or website, in full compliance with these Terms, as amended and supplemented. 

9.  The Rider/User further acknowledges and understands that any use of LT, Inc.’s app and/or website to request and/or reserve advertised transportation services does NOT establish LT, Inc. as a provider of transportation, a logistics or delivery service, a transportation carrier, or a provider of anything but on line advertising services.

10.  LT, Inc. has no obligation for the transportation services requested, reserved, received, and/or provided, including but not limited to the price quoted by the third party transportation company and agreed to by the Rider/User, or for the performance of the drivers providing the requested transportation services.   The Rider/User further acknowledges and understands that all drivers providing transportation services requested through LT, Inc.’s app and/or website are employees and/or contractors of independent third party transportation companies, which are not owned by, or affiliated with, LT, Inc., and that they are not employees and/or contractors of LT, Inc..

11.  The Rider/User further acknowledges and understands that any/all vehicles utilized to provide the transportation services secured through LT, Inc.’s app and/or website are owned and operated by independent third party transportation companies, which are not owned by or affiliated with LT, Inc.. 

12.  The Rider/User is solely responsible for the cost of repair and/or replacement for any/all damage to, or necessary cleaning of, any vehicle and/or property which may occur during the course of the Rider/User’s use of said vehicle for transportation services secured through LT, Inc.’s app and/or website, in excess of normal "wear and tear" damages and regular/usual cleaning.  Any/all disputes regarding this issue shall be solely between the Rider/User and the independent third party transportation company involved, and the Rider/User expressly stipulates and agrees to indemnify and hold LT, Inc. completely harmless from any/all disputes which may arise incident and/or related to any such damage or cleaning, including any/all related attorney fees, or other fees and costs.

13.  The Rider/User further acknowledges and understands that all financial transactions for services secured through LT, Inc.’s app and/or website are handled by an independent, third party financial transaction processing company, which is not owned by or affiliated with LT, Inc..  LT, Inc. does not collect, retain, or store any information provided, transmitted, or otherwise used in the course of financial transactions related to transportation services requested and/or reserved by the Rider/User through LT, Inc.’s app and/or website.  LT, Inc. shall not have any legal or financial liability related to any financial transactions and/or any financial information which may be collected, retained, stored and/or used by the third party financial processing company in the course of the Rider/User’s registration, maintenance, and/or use of LT, Inc.’s app and/or website, and/or the Rider/User’s receipt and/or use of any services secured through said app and/or website.  By providing financial information to such third party financial processing company through LT, Inc.’s app and/or website, the Rider/User expressly stipulates and agrees to indemnify and hold LT, Inc. completely harmless from any/all disputes which may arise incident and/or related to the transmission, collection, use, retention, and/or storage of Rider/User’s financial information, including any/all related attorney fees, or other fees and costs.

14.  LT, Inc. is the sole and exclusive owner of all software and technology related to the design, creation, maintenance, and usage of its app and website, and the Rider/User further acknowledges and understands that any use of LT, Inc.’s application and/or website does not extend any ownership or other interest in said software and/or technology, or the right to use same in any other capacity than as a registered and fully active Rider/User of this particular app and/or website pursuant to the express terms hereof, as amended and supplemented, and as detailed on said app and website. 

15.  Subject to full compliance with these Terms, as amended and supplemented, LT, Inc. grants the Rider/User a limited, non-exclusive, non-sub-licensable, revocable, non-transferable license to access and use the LT, Inc. app and website on the Rider/User’s personal device solely in connection with the Rider/User’s use of the requested and/or reserved services, pursuant to the express terms hereof, as amended and supplemented, and as detailed on said app and website.  The Rider/User expressly stipulates and agrees that any and all rights not expressly granted herein are reserved by LT, Inc. and its licensors.

16.  As to the services requested, reserved, and/or received through LT, Inc.’s app and/or website, the Rider/User may not: (i) remove any copyright, trademark or other proprietary notices from any portion of said services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit said services; (iii) decompile, reverse engineer, or disassemble said services; (iv) link to, mirror, or frame any portion of said services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of said services, or of unduly burdening or hindering the operation and/or functionality of any aspect of said services; or (vi) attempt to gain unauthorized access to or impair any aspect of said services or their related systems or networks.  The Rider/User expressly stipulates and agrees to indemnify and hold LT, Inc. completely harmless from any/all disputes which may arise incident and/or related to the Rider/User’s authorized or unauthorized use of LT, Inc.’s app and/or website, and/or any violation(s) of the above prohibitions, including any/all related attorney fees, or other fees and costs.

17.  Neither these Terms, nor the Rider/User’s use of any requested, reserved, and/or received services through LT, Inc.’s app and/or website conveys or grants to the Rider/User any rights: (i) in or related to such services except for the limited license granted above; or (ii) to use or reference in any manner LT, Inc.'s company name(s), logo(s), product and service name(s), trademark(s) or service mark(s), or those of LT, Inc.'s licensors.

18.  The services requested, reserved, and/or received through LT, Inc.’s app and/or website may be made available or accessed in connection with third party services and content (including advertising) that LT, Inc. does not control.  The Rider/User further acknowledges and understands that different terms of use and privacy policies may apply to the use of such third party services and content.  LT, Inc. does not endorse such third party services and content and in no event shall LT, Inc. be responsible or liable for any products or services of such third party providers.   Additionally, companies such as Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited, Facebook, Twitter, and/or other social media platforms will be a third-party beneficiary to this contract if the Rider/User accesses such services using on line applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively, among others. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the requested, reserved and/or received services in any manner.  The Rider/User’s access to such services using these devices is subject to such terms and conditions as may be set forth in the applicable third party beneficiary's terms of service.

19.  The Rider/User is solely responsible for obtaining the data network access necessary to use all services provided through LT, Inc.’s app and/or website.   The Rider/User’s mobile network's data and messaging rates and fees may apply if the Rider/User accesses or uses same from a mobile device.  The Rider/User is solely responsible for acquiring and updating compatible hardware or devices necessary to access and use LT, Inc.’s app and/or website, and any updates to either.   LT, Inc. does not guarantee that its app or website, or any portion(s) thereof, will function on any particular hardware or device.  The Rider/User acknowledges and understands that LT, Inc.’s app and/or website may be subject to malfunctions and delays which are inherent in the use of the Internet and electronic communications.

20. The Rider/User must be at least 18 years of age, must register for, and must maintain a fully active, authorized, and compliant Profile and Account on LT, Inc.’s app and/or website, as required by these Terms (as amended and supplemented), as well as any additional requirements detailed on LT, Inc.’s app and/or website, and within the Rider/User’s Profile and Account.  The Rider/User’s Profile and Account registration requires the Rider/User to submit to LT, Inc. certain personal information, such as the Rider/User’s name, address, age, mobile phone number, and at least one valid payment method supported by LT, Inc.’s third party financial transaction processing company.  The Rider/User agrees to maintain accurate, complete, and up-to-date information in the registered Profile and Account.  Failure to maintain such accurate, complete, and up-to-date information, including having an invalid or expired payment method on file, may result in the Rider/User’s inability to access or use the available services.   The Rider/User is responsible for any/all activity which occurs under a registered Profile and Account in the Rider/User’s name, and the Rider/User agrees to maintain the security and secrecy of same, including the assigned username and password, at all times. Unless otherwise permitted by LT, Inc. in writing, the Rider/User may only possess one active Profile and Account.

21.  All charges and payments for services requested through LT, Inc.’s app and/or website will be enabled by a third party financial transaction processing company, using the preferred and/or primary payment method designated in the Rider/User’s Profile and/or Account.  If the Rider/User’s preferred and/or primary payment method is determined to be expired, invalid, or otherwise not able to be charged, the Rider/User stipulates and agrees that the third party financial transaction processing company may use a secondary payment method in the Rider/User’s Profile and/or Account, if available.  The Rider/User further stipulates and agrees that, if the payment method(s) on file in the Rider/Users Profile and/or Account is/are not valid for any reason, the Rider/User will update the Profile and/or Account with an alternate, valid and acceptable form of payment prior to or at the time of completion of any requested services.  Charges paid by the Rider/User for services secured through LT, Inc.’s app and/or website and received from a third party transportation company are final and non-refundable, unless otherwise determined by LT, Inc.. 

22.  The Rider/User acknowledges and understands that the use of LT, Inc’s app and/or website, and the advertised services available through same, are not available to persons under the age of 18.   The Rider/User may not authorize any third party to use a Profile and/or Account registered in the Rider/User’s name, nor may the Rider/User allow any person under the age of 18 to receive transportation services secured through LT, Inc.’s app and/or website, unless such minor is accompanied by the Rider/User. 

23.  The Rider/User may not assign or otherwise transfer a Profile or Account registered in the Rider/User’s name to any other person or entity.  The Rider/User expressly stipulates and agrees to comply with any/all applicable laws when accessing or using LT, Inc.’s app and/or website, and while requesting, reserving, and/or receiving any advertised services.   The Rider/User expressly stipulates and agrees not to access or use such services for any unlawful or otherwise prohibited purposes (ie, no possession, use, or transport of unlawful or hazardous materials shall be allowed).   The Rider/User further stipulates and agrees not to cause nuisance, annoyance, inconvenience, or property damage, whether to the third party transportation company, or to any other party, in the course of accessing or using such services.   The Rider/User acknowledges and understands that providing proof of identity may be required to access and/or use the advertised services, and that such access and/or use may be permissibly denied if same is refused.

24.  The Rider/User agrees that LT, Inc. may contact the Rider/User by telephone, text message, and/or email at any phone number and/or email address provided in the Rider/User’s registered Profile and/or Account.  The Rider/User may opt out of receiving text messages, effective upon receipt of such an election in writing by LT, Inc..

25.  LT, Inc. may, in its sole and exclusive discretion, permit the Rider/User to submit, upload, publish or otherwise make available to LT, Inc. through its app and/or website certain textual, audio, and/or visual content and/or information, including commentary and feedback related to services the Rider/User has received through LT, Inc.’s app and/or website.  Any such content and/or information so provided remains the Rider/User’s property. However, by providing same to LT, Inc., the Rider/User expressly grants LT, Inc. a worldwide, perpetual, irrevocable, transferable, royalty-free license as to such content and/or information, with the right to sublicense, use, copy, modify, create derivative works, distribute, publicly display, publicly perform, and otherwise exploit same in any manner via any/all formats and distribution channels now known or hereafter devised (including in connection with LT, Inc.’s business and on third-party on line applications and websites), without further notice to or consent from the Rider/User, and without any requirement of payment or compensation owing to the Rider/User or to any other person or entity.

26.  The Rider/User expressly represents and warrants that: (i) the Rider/User is either the sole and exclusive owner of any/all content and/or information (as detailed in the above paragraph), or the Rider/User has all rights, licenses, consents and releases necessary to grant LT, Inc. the aforementioned license to the content and/or information as set forth above; and (ii) neither the said content and/or information, nor the Rider/User’s submission, uploading, publishing or otherwise having made same available, nor LT, Inc.’s use of said content and/or information as permitted herein will infringe, misappropriate or violate any third party's intellectual property or proprietary rights, or rights of publicity or privacy, or otherwise result in the violation of any applicable law or regulation.

27.  The Rider/User stipulates and agrees not to provide any content and/or information through LT, Inc.’s app and/or website that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by LT, Inc. in its sole and exclusive discretion, whether or not such material may be protected by law.  LT, Inc. may, but shall not be obligated to, review, monitor, or remove such content, at LT, Inc.’s sole and exclusive discretion, at any time and for any reason, without notice to the Rider/User.

28.  The Rider/User stipulates and agrees that all transportation services requested and/or reserved through LT, Inc.’s app and/or website are provided "as is" and "as available."  LT, Inc. hereby expressly disclaims any/all representations and warranties, whether express, implied, or statutory, which are not expressly set out in these terms, including implied warranties of merchantability, fitness for a particular purpose and non-infringement.   LT, Inc. makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the transportation services requested, reserved, and/or received through LT, Inc.’s app and/or website, or that the said services will be uninterrupted or error-free.   LT, Inc. does not guarantee the quality, suitability, safety or ability of the independent third party transportation companies providing such services.   The Rider/User expressly stipulates and agrees that the entire risk arising out of the Rider/User’s use of said services rests and remains solely with the Rider/User, to the maximum extent permitted under applicable law.

29.  The Rider/User further stipulates and agrees that LT, Inc. shall not be liable for any damages, liability, or losses (including but not limited to: indirect, incidental, special, exemplary, punitive, or consequential damages, lost profits, lost data, personal injury, or property damage) related to, in connection with, or otherwise resulting or arising from: (i) the Rider/User’s use of or reliance on the services provided by any third party company or provider, or the Rider/User’s inability to access or use such services; or (ii) any transaction or relationship between the Rider/User and any third party company or provider, even if LT, Inc. has been advised of the possibility of such damages.  LT, Inc. shall not be liable for any delay or failure in performance resulting from causes beyond LT, Inc.’s reasonable control, or as LT, Inc. is expressly indemnified hereunder.  

30.  The Rider/User shall only use LT, Inc.’s app and/or website for purposes of requesting, scheduling, and/or securing transportation services from third party transportation companies, and the Rider/User expressly stipulates and agrees that LT, Inc. shall have no responsibility or liability to the Rider/User related to any such transportation services provided to the Rider/User by such third party transportation companies, other than as expressly set forth in these terms.

31.  The Rider/User shall indemnify and hold LT, Inc. and its affiliates and their officers, directors, employees, and agents completely harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees and court costs), arising out of or in connection with: (i) the Rider/User’s use of any services requested and/or reserved through LT, Inc.’s app and/or website; (ii) the Rider/User’s breach or violation of any of these Terms; (iii) LT, Inc's use of any content and/or information contained within the Rider/User’s Profile and/or Account, or otherwise provided to LT, Inc. by the Rider/User; or (iv) the Rider/User’s violation of the rights of any third party, including independent transportation companies and independent financial transaction processing companies.

32.  LT, Inc. may give notice by means of electronic mail to the email address provided in the Rider/User’s Profile and/or Account, telephone or text message to any phone number provided in connection with said Profile and/or Account, or via written communication sent by first class mail, other pre-paid postal service, or special delivery carrier to any address connected with said Profile and/or Account.  Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent via first class mail, other pre-paid postal service, or special delivery carrier) or 12 hours after sending electronically (if sent via email or telephone).  The Rider/User may give notice to LT, Inc., with such notice deemed as having been served when actually received by LT, Inc.’s registered agent for service of process at LT, Inc.’s registered office, and having been sent via first class mail, pre-paid postal service, or special delivery carrier only.

33.  These Terms shall not be assigned by the Rider/User without LT, Inc.'s prior written approval.  LT, Inc. may assign these Terms without the consent of a Rider/User to: (i) a subsidiary or affiliate; (ii) an acquirer of LT, Inc.'s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.  No joint venture, partnership, employment, or agency relationship exists between the Rider/User, LT, Inc. and/or any third party company or provider as a result of this contractual relationship or the use of any  services advertised through LT, Inc.’s app and/or website.  If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain enforced to the fullest extent allowable under Michigan law.  LT, Inc.'s failure to enforce any right or provision in these Terms shall not constitute a future or continued waiver of any such right or provision unless acknowledged and agreed to by LT, Inc. in writing.

 34.  The State of Michigan shall be the exclusive forum, venue, and choice of law for any/all disputes which may arise incident to any/all services requested, reserved, and/or secured through LT, Inc.’s app and/or website, and/or related to any/all other or additional transactions and/or communications between the Rider/User and LT, Inc..