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Term of Service

  • IMPORTANT: This Terms of Service Agreement (“Agreement”) is a legal agreement between You and BLACK CAR EXPRESS COM CORP. (“BLACK CAR EXPRESS”), a New York State company. Please carefully read all the terms and conditions of this Agreement prior to signing up for BLACK CAR EXPRESS’s Software-as-a-service (“the Software”). By signing up for the Software, you acknowledge that you have read, understand, agree to, and accept this Agreement. If you do not agree to this Agreement, then you may not use the Software. By signing up for the Software you also agree to accept any upgrades or revisions to the Software.
  1. Overview
    This Agreement governs the Software, which includes BLACK CAR EXPRESS’s Software-as-a-service, associated components, media, printed, website and online documentation.
  2. Reservation of Rights
    The Software is protected by copyright, trade secret, and other intellectual property laws and treaties. BLACK CAR EXPRESS reserves all rights not expressly granted to You in this Agreement.
  3. Grant of License
    You are granted a single, personal, limited, non-transferable, and non-exclusive right and license (“License”) to use the Software under the terms stated in this Agreement. Title, copyright and ownership of the Software and any related documentation remains with BLACK CAR EXPRESS. Your License will immediately cease if any of the terms, conditions, or obligations herein are violated.
  4. Subscription Licensing and Term
    The Software is provided on a free subscription basis. You may cancel Your subscription at any time. BLACK CAR EXPRESS will automatically charge Your credit card or debit the provided bank account of any monies due to BLACK CAR EXPRESS or it affiliates at the beginning of the next term unless Your subscription has been timely cancelled with no balance due. Failure to maintain updated financial information will result in termination of your subscription.
  5. Prices, Taxes and Incidental Charges
    BLACK CAR EXPRESS may adjust its pricing at any time and if it does so will provide notice to you. Any price adjustments will not be retroactive and will take effect upon the renewal of the subscription term. Subscription prices do not include any taxes, or other fees required by law, and are the sole responsibility of You to pay. BLACK CAR EXPRESS may collect taxes if required by law and You agree to pay these to BLACK CAR EXPRESS when applicable.
  6. Product Support Services
    BLACK CAR EXPRESS may make available product support services, training, and other materials (collectively “Support”) related to the Software. This Agreement does not obligate BLACK CAR EXPRESS to provide any Support. You agree that BLACK CAR EXPRESS may collect and use technical information gathered as part of the Support services provided to you, if any.
  7. Disclaimer of Warranty
    The Software is licensed “as-is.” You bear the risk of using it. BLACK CAR EXPRESS makes no warranties (express, implied or statutory) with respect to the Software and any accompanying materials, written or electronic, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose.
    You understand and agree that BLACK CAR EXPRESS has not given You and does not give professional advice, whether legal, financial, accounting, tax, health care, real estate or otherwise. If you have any questions regarding such services, you must consult the services of a competent professional.
  8. Remedies and Limitation of Liability
    In no event will BLACK CAR EXPRESS be liable to You for any direct or indirect damages including loss of profits, lost savings, loss of data, or other special, incidental, consequential, indirect, or punitive damages arising out of Your use of or inability to use the Software.
    BLACK CAR EXPRESS’s liability, and your exclusive remedy, for any claims arising out of the furnishing, performance or use of the Software (whether arising out of contract, tort, or other applicable law) shall be limited to the most recent one month’s subscription fee.
  9. Termination and Suspension
    Without prejudice to any other rights, BLACK CAR EXPRESS may terminate, suspend, or revoke Your use and any other users You’ve granted access to the Software at any time if you violate this Agreement. You may terminate your subscription at any time. Subscription fees are not refundable.
  10. Content
    You are responsible for your content. You are responsible for all materials, data and personal information (“Content”) uploaded, posted, synchronized, or stored through the use of the Software.
    You agree not to use, nor permit any third party to use, the Software to upload, post distribute to, link to, publish, reproduce, engage in or transmit any of the following, including, but not limited to:
    • Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind including without limitation that would encourage disparaging others or criminal or civil liability under any local, state, federal or foreign law;
    • Content that would impersonate someone else or falsely represent Your identity or qualifications;
    • Virus, trojan horse, work or other disruption or harmful software or data;
    • Any information, software or Content which is not legally Yours and without permission from the copyright owner or intellectual property rights owner.

    10.1 Community Forums
    The Software may include a Community Forum or other social features to exchange Content and information with other users of the Software. BLACK CAR EXPRESS does not support and is not responsible for the content in these Community Forums. Please use respect when You interact with other users in a Community Forum. Failure to treat others with respect may result in being placed on Santa’s naughty list and/or a late night visit from the BLACK CAR EXPRESS Rooster. (Or, as our lawyer required us to say, may result in Your Subscription being terminated).

    10.2 Feedback
    BLACK CAR EXPRESS may freely use feedback You provide. You agree that BLACK CAR EXPRESS may use Your feedback, suggestions, or ideas in any way, including in future modifications of the Software, other products or services, advertising or marketing materials. You grant BLACK CAR EXPRESS a perpetual, worldwide, fully transferable, sublicensable, non revocable, full paid-up, royalty free license to the use the feedback You provide to BLACK CAR EXPRESS in any way.

    10.3 Monitoring
    BLACK CAR EXPRESS may monitor your Content. BLACK CAR EXPRESS may, but has no obligation to, monitor your Content or the content of others on the Software. We may disclose information necessary to satisfy our legal obligations, protect BLACK CAR EXPRESS and its customers, or operate the Software properly. BLACK CAR EXPRESS, in its sole discretion, may refuse to post, remove or refuse to remove any Content, in whole or part, alleged to be unacceptable, undesirable, inappropriate or in violation of this Agreement.

    10.4 Data
    You hereby grant to BLACK CAR EXPRESS a non-exclusive, worldwide, royalty-free, fully paid up, sublicensable (directly and indirectly), transferable, perpetual and irrevocable license to (a) anonymize and/or aggregate the data and use such anonymized and/or aggregated data (“Usage Data”) for our business purposes, including but not limited to deriving statistical, usage data, and other data related to the functionality of the Software, improving the Software, developing and making available other products and services, and sharing such data with our customers, affiliates, and business partners, and (b) combine or incorporate such Usage Data with or into other data and information available, derived or obtained from other licensees, users, and/or any other sources (when so combined or incorporated, such data referred to as “Combined Data”). We shall own all right, title and interest in Usage Data and Combined Data. For the avoidance of doubt, anonymized and/or aggregated Usage Data and Combined Data shall not be considered Confidential Information. All data, including Usage Data and Combined Data, will be retained while the subscription to the Software is active and may, at BLACK CAR EXPRESS’s sole option, be deleted once the subscription has been terminated.

    10.5 Passwords
    You are responsible for managing and securing your password(s) for the Software. Please notify BLACK CAR EXPRESS immediately if you become aware of any unauthorized access to your account.
  11. Applicable Law
    The laws of the state of New York shall govern this agreement. You hereby consent to the exclusive jurisdiction of the state and federal courts located in Nassau County, New York for resolution of any disputes arising out of this Agreement.
  12. Entire Agreement; Severability
    This Agreement, including any addendum, supplement or amendment, is the entire agreement between You and BLACK CAR EXPRESS relating to the Software and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this Agreement. We reserve the right to change this Agreement at any time, and the changes will be effective when posted through the Software, on our website for the Software, or when we notify you by other means. Your continued use of the Software indicates agreement to the changes.
  13. Confidentiality
    During the course of this Agreement, either party may have or may be provided access to the other’s proprietary items or confidential information (“Confidential Information”). Except as expressly set forth herein, each party agrees to maintain the confidentiality of the other’s Confidential Information in accordance with this provision and any separate nondisclosure agreement that expressly references the disclosure(s) between BLACK CAR EXPRESS and You. At a minimum, except as expressly set forth herein, each party agrees that it shall not make the other’s Confidential Information available to any third party without the written consent of the other and that title and ownership of the Confidential Information provided by one party to the other shall remain the exclusive property of that party who has the right to possess the Confidential Information.