Company 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 company providing transportation services (“Company”), which is created by the Company 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 Company expressly stipulates and agrees to be bound by these Terms, as they constitute a legal agreement between the Company and LT, Inc., as amended and supplemented..  

2.  The Company expressly confirms having read and understood, and agrees to be bound by, these Terms.  Any Company who does not agree to these Terms may not offer, respond to requests for, or otherwise provide any of the transportation services advertised through LT, Inc.’s app and/or website.   These Terms supersede and replace all prior relationships, agreements and/or arrangements between the Company and LT, Inc., except as specifically provided herein. 

3. Supplemental terms may apply to certain services offered, advertised, and/or provided through LT, Inc.’s app and/or website, and, if applicable, such terms will be detailed in a separate disclosure to the Company, 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 Company’s Profile and/or Account through LT, Inc.’s app and/or website after the Company’s receipt or notification of such supplemental terms confirms the Company’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 Company’s Profile and/or Account through LT, Inc.’s app and/or website after such posting confirms the Company’s continued consent to be bound by these Terms, as amended.  

5.  The contractual relationship created herein between the Company 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 Company’s Profile and Account at any time and without notice to the Company 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 Company’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 Company affirms that all information provided in the Company’s Profile and Account through LT, Inc.’s website is accurate and will be updated promptly if there are any changes to same.

8.  The Company acknowledges and understands that that LT, Inc. is an app-based on line company, providing only advertising services as a means of connecting the Company with actively registered Riders requesting transportation services by available independent, third party transportation companies, thereby enabling such Riders to schedule such services.  Access to offering transportation services to such Riders is provided in connection with LT, Inc. only through the Company’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 Company further acknowledges and understands that any use of LT, Inc.’s app and/or website to offer, respond to requests for, and/or to provide transportation services to Riders registered through said app and/or website does NOT establish LT, Inc. as a provider of transportation, a logistics or delivery service, a transportation carrier, or as a provider of anything other than on line advertising services.  The Company stipulates and agrees that all of the drivers providing services secured by the Company through LT, Inc.’s app and/or website shall be licensed and fully trained (as required in the State where the services are being offered for the type and size of the vehicle involved and for purposes of providing commercial transportation services), and that all vehicles utilized to provide such services shall be properly and fully insured as required to provide such services.

10.  The Company stipulates and agrees as follows: (i) that LT, Inc. has no obligation for the transportation services offered, accepted, and/or provided by the Company, including but not limited to the performance of the Company’s drivers while in the course of providing the transportation services secured through LT, Inc.’s app and/or website; (ii) that all drivers providing such services are employees, agents, and/or contractors of the Company, and said drivers are not employees, agents, and/or contractors of, or otherwise affiliated with LT, Inc.; and (iii) that the Company shall be solely and exclusively liable for any/all such drivers while in the course of providing such services to Riders secured through LT, Inc.’s app and/or website.  The Company further stipulates and agrees to indemnify and hold LT, Inc. completely harmless from any/all liability arising out of any dispute regarding such services so provided by the Company, including any negligent or intentional act of any driver employed or otherwise operating a vehicle owned by the Company and/or a vehicle utilized while in the course of providing services secured by the Company through LT’s app and/or website, including any liability for the payment of any related attorney fees, or other fees or costs.

11.  The Company further stipulates and agrees that any/all vehicles utilized to provide transportation services provided by the Company through LT, Inc.’s app and/or website are owned and operated by the Company, and that the Company is solely and exclusively liable for any/all liability related to the ownership and/or operation of such vehicles. 

12.  The Company further stipulates and agrees that LT, Inc. has no liability for the cost of any damage to any vehicle and/or property which may occur during the course of the Company providing transportation services secured through LT, Inc.’s app and/or website.  Any/all disputes regarding this issue shall be solely between the Company and the Rider requesting such services, and the Company 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, including any/all related attorney fees, or other fees and costs.

13.  The Company 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 provided by the Company 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 Company’s use of LT, Inc.’s app and/or website. 

14.  The Company further acknowledges and agrees that LT, Inc. does not collect, retain, or store any financial information about the Company, and that any/all payments due to the Company for completed transportation services provided through LT, Inc.’s app and/or website are handled via electronic funds transfers, using the telephone number and/or email address provided to LT, Inc. by the Company, which shall be linked to the Company’s bank account for purposes of receiving such payments in the form of electronically transferred funds.   The Company is solely and exclusively responsible for ensuring that its bank account has been set up properly to receive electronically transferred funds via the means so provided to LT, Inc. for that specific purpose.  There shall be no interest or penalty owing related to any payments due to the Company which are delayed due to the Company’s account not having been set up properly, or any other unreasonable delay which is not within the express control of LT, Inc.. 

15.  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 Company 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 Company 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. 

16.  Subject to full compliance with these Terms, as amended and supplemented, LT, Inc. grants the Company a limited, non-exclusive, non-sub-licensable, revocable, non-transferable license to access and use the LT, Inc. app and website on the personal devices of the Company and its authorized drivers solely in connection with the Company offering, responding to requests for, and/or providing the requested transportation services, pursuant to the express terms hereof, as amended and supplemented, and as detailed on said app and website.  The Company expressly stipulates and agrees that any and all rights not expressly granted herein are reserved by LT, Inc. and its licensors.

17.  As to the services offered, requested, and/or provided through LT, Inc.’s app and/or website, the Company 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 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 the services or their related systems or networks.  The Company 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 Company’s authorized or unauthorized use of LT, Inc.’s app and/or website, and/or any violation of the above prohibitions, including any/all related attorney fees, or other fees and costs.

18.  Neither these Terms, nor the Company offering, responding to requests for, and/or providing any requested transportation services through LT, Inc.’s app and/or website conveys or grants to the Company 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.

19.  The services offered, requested, and/or provided 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 Company 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 Company 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 offered, requested, and/or provided services in any manner.  By accessing or responding to requests for such services, or providing same by using these devices subjects the Company to such terms and conditions as may be set forth in the applicable third party beneficiary's terms of service.

20.  The Company is solely responsible for obtaining the data network access necessary to offer and/or provide any/all requested transportation services through LT, Inc.’s app and/or website.   The Company’s mobile network's data and messaging rates and fees may apply if the Company accesses or uses same from a mobile device.  The Company 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 Company 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.

21. All Company employees, agents, contractors, and drivers using and/or with access to LT, Inc.’s app and/or website must be at least 18 years of age, and the Company must register for and maintain an active, fully 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 Company’s Profile and Account.  The Company’s Profile and Account registration requires the Company to submit to LT, Inc. certain information, such as the name of the Company and at least one owner and/or manager, the business’s registered and telephone number, and at least one valid telephone number or email address linked to the Company’s bank account for purposes of receiving electronic payments/funds transfers.  The Company 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 invalid payment receipt/funds transfer details, may result in the Company’s inability to offer the advertised services.   The Company is responsible for any/all activity which occurs under a registered Profile and Account in the Company’s name, and the Company 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 Company may only possess one active Profile and Account.

22.  The Company acknowledges and understands that the use of LT, Inc’s app and/or website, and the transportation services advertised through same, are not available to persons under the age of 18.   The Company may not knowingly offer or provide such transportation services to any person under the age of 18 through LT, Inc.’s app and/or website, unless such minor is accompanied by an adult who is an actively registered LT, Inc. Rider. 

23.  The Company may not assign or otherwise transfer a Profile or Account registered in the Company’s name to any other person or entity.  The Company expressly stipulates and agrees to comply with any/all applicable laws when accessing or using LT, Inc.’s app and/or website, and while offering, responding to requests for, and/or providing any advertised services.   The Company expressly stipulates and agrees not to allow any unlawful or otherwise prohibited activity to take place during the course of any transportation services secured through LT, Inc.’s app and/or website (ie, no possession, use, or transport of unlawful or hazardous materials shall be allowed).  The Company further stipulates and agrees not to cause or allow any nuisance, annoyance, inconvenience, or property damage, whether to the LT, Inc. Rider, or to any other party, in the course of providing such services.   

24.  The Company agrees that LT, Inc. may contact the Company by telephone, text message, and email at any phone number and/or email address provided in the Company’s registered Profile and/or Account. 

25.  LT, Inc. may, in its sole and exclusive discretion, permit the Company 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 Company has provided through LT, Inc.’s app and/or website.  Any such content and/or information so provided remains the Company’s property. However, by providing same to LT, Inc., the Company 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 Company, and without any requirement of payment or compensation owing to the Company or to any other person or entity.

26.  The Company expressly represents and warrants that: (i) the Company is either the sole and exclusive owner of any/all content and/or information (as detailed in the above paragraph), or the Company 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 Company’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 Company 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 Company.

28.  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 any implied warranties of merchantability, fitness for a particular purpose, and non-infringement as to any services provided by the Company through LT, Inc.’s app and/or website.   LT, Inc. makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the said services provided by the Company, or that the said services will be uninterrupted or error-free.   LT, Inc. does not guarantee the quality, suitability, safety or ability of the Company as to the said services.   

29.  LT, Inc. makes no representations regarding the identity, age, or any other information about any Rider requesting or securing transportation services through LT, Inc.’s app and/or website.  The Company expressly stipulates and agrees that the entire risk arising out of the Company offering, accepting, and/or providing said services rests and remains solely with the Company and its drivers, to the maximum extent permitted under applicable law.

30.  The Company 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 Company offering, accepting, and/or providing the transportation services advertised through LT, Inc.’s app and/or website; or (ii) any transaction or relationship between the Company and/or any of its drivers and any Rider, even if LT, Inc. has been advised of the possibility of such damages, or for any such damages, liability, or losses resulting from causes beyond LT, Inc.’s reasonable control, or as LT, Inc. is expressly indemnified hereunder.  

31.  The Company and its drivers shall only use LT, Inc.’s app and/or website for purposes of offering, accepting, and/or providing transportation services to a registered Rider of LT, Inc.’s app and/or website, and the Company expressly stipulates and agrees that LT, Inc. shall have no responsibility or liability to the Company or any of its drivers related to any such Rider, other than as expressly set forth in these terms.  The Company stipulates and agrees that it shall not allow the sale, distribution or other unauthorized or improper use of a Rider’s name, address, financial or other information, or the address of any pick up or drop off related to any services provided through LT, Inc.’s app and/or website.

32.  The Company 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 Company providing any services requested and/or reserved through LT, Inc.’s app and/or website; (ii) the Company’s or any of its drivers’ breach or violation of any of these Terms; (iii) LT, Inc.'s use of any content and/or information contained within the Company’s Profile and/or Account, or otherwise provided to LT, Inc. by the Company or any of its drivers; or (iv) the Company’s or any of its drivers’ violation of the rights of any Rider, or other individual or entity in the course of providing such services. 

33.  LT, Inc. may give notice by means of electronic mail to the email address provided in the Company’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 Company 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.

34.  These Terms shall not be assigned by the Company without LT, Inc.'s prior written approval.  LT, Inc. may assign these Terms without the consent of a Company 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.  The Company stipulates and agrees that no joint venture, partnership, employment, or agency relationship exists between the Company, LT, Inc. and/or any third party company or provider as a result of this contractual relationship or of the Company offering, accepting, and/or providing any services advertised through LT, Inc.’s app and/or website.  The Company further stipulates and agrees that there is no formal or informal corporate or other connection, relationship, or other affiliation between the Company and LT, Inc., other than the contractual relationship which is detailed herein, as amended and supplemented, and on LT, Inc.’s app and/or website as they pertain to registered companies. 

35.  The Company stipulates and agrees that, 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.

36.  The Company further stipulates and agrees that 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 Company and LT, Inc..

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