PLEASE READ THESE TERMS AND CONDITIONS (THE “TERMS AND CONDITIONS”) CAREFULLY. BY USING Tote Taxi and/or the Tote Taxi APP, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, DO NOT USE Tote Taxi’S SERVICES or the tote taxi app.

1. General

Tote Taxi LLC (“Tote Taxi”) may revise and update these Terms and Conditions at any time without notice. Your continued usage of the Tote Taxi APP after any such change or update will mean you accept those changes or updates.

Any aspect of the Tote Taxi APP may be changed, supplemented, deleted or updated without notice at the sole discretion of Tote Taxi.

Tote Taxi may establish or change its general practices and limits concerning Tote Taxi services in its sole discretion.

Your violation of any of the Terms and Conditions may result in, among other things, the termination of your access to Tote Taxi’s services and/or the Tote Taxi APP.

The Tote Taxi APP is provided by Tote Taxi and available only to persons over the age of legal majority and to entities which can form a legally binding agreement under applicable law. If you do not qualify, you are not permitted to use the Tote Taxi APP.

These Terms and Conditions govern your use of the Tote Taxi APP and all services available on the Tote Taxi APP.

You are responsible for maintaining the security of your account and password. Tote Taxi cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

2. Permitted Uses and Restrictions of Intellectual Property

Subject to the Terms and Conditions, you are granted a limited, non-transferable license to use the Tote Taxi APP on any device that you own or control.

You shall not: (a) create derivative works based on the software, program code or user interfaces comprising the Tote Taxi APP;(b) reverse engineer decompile or disassemble the Tote Taxi APP; (c) systematically access Tote Taxi using bots or spiders, or any automated system that calls to Tote Taxi more frequently than may reasonably be performed by a human user using a standard web browser, or attempt to gain unauthorized access to Tote Taxi; or (d) access Tote Taxi in order to build a competitive product or service, or copy any features, functions or graphics of the Tote Taxi APP.

Any and all intellectual property rights associated with Tote Taxi and with the Tote Taxi APP and its contents are the sole property of Tote Taxi, its affiliates or third parties.

The Tote Taxi APP is protected by copyright and other laws in both the United States and other countries. Elements of the Tote Taxi APP are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Tote Taxi APP are trademarks, service marks or trade dress of Tote Taxi or other entities that have granted Tote Taxi the right and license to use such items and may not be used or interfered with in any manner without the express written consent of Tote Taxi.

Except as otherwise expressly authorized by these Terms and Conditions, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the intellectual property of Tote Taxi or the Tote Taxi APP in any way without Tote Taxi’s prior written permission.

Except as expressly provided herein, Tote Taxi does not grant to you any express or implied rights to Tote Taxi’s or any third party’s intellectual property.

Tote Taxi grants you a limited, personal, non-transferable, non-sublicensable, revocable license to access and use the Tote Taxi APP only in the manner presented by Tote Taxi.

In addition to other restrictions set forth in these Terms and Conditions, you agree that:
(a) you shall not disguise the origin of information transmitted through the Tote Taxi APP; (b) you will not place false or misleading information on the Tote Taxi APP; (c) you will not use or access any service, information, application or software available via the Tote Taxi APP in a manner not expressly permitted by Tote Taxi; (d) you will not input or upload to the APP any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Tote Taxi APP or Information or that infringes the intellectual property rights of another; (e) you may not use or access the Tote Taxi APP or the Tote Taxi services in any way that, in Tote Taxi’s judgment, adversely affects the performance or function of the Tote Taxi services or the Tote Taxi APP or interferes with the ability of authorized parties to access the Tote Taxi services, the Tote Taxi APP; and (f) you may not frame or utilize framing techniques to enclose any portion or aspect of the content or the information, without the express written consent of Tote Taxi.

3. Your Consent to Use of Personal Information Data

You agree that Tote Taxi and its agents may collect, maintain, process and use diagnostic, technical, usage and related information, that is gathered periodically to facilitate the provision of updates, product support and other services to you related to Tote Taxi, and to verify compliance with the Terms and Conditions.

At all times your information will be treated in accordance with Tote Taxi’s Privacy Policy, which is incorporated by reference into these Terms and Conditions and which can be viewed on the Tote Taxi APP.

With respect to any individual or entity for whom you provide personal information to Tote Taxi, you represent to Tote Taxi that you have obtained all necessary consents for the processing of such personal information by Tote Taxi and by the Tote Taxi Privacy Notice.

4. Third Party Services and Materials

Tote Taxi may enable access to other Tote Taxi and third party applications, services and APPs.

Outbound Links. The Tote Taxi APP may contain links to third-party APPs and resources. These linked sites are provided solely as a convenience to you and not as an endorsement by Tote Taxi of the content on such linked sites. Tote Taxi makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any linked site.

Tote Taxi is not responsible for the availability of the linked sites or the content or activities of such sites. If you decide to access a linked site, you do so at your own risk. In addition, your use of a linked site is subject to any applicable policies and terms and conditions of use, including but not limited to, the linked site’s privacy policy.

Inbound Links. Linking to any page of the Tote Taxi APP other than to http://www.Tote Taxi.com through a plain text link is strictly prohibited in the absence of a separate linking agreement with Tote Taxi.

Any APP or other device that links to http://www.Tote Taxi.com or any page available therein is prohibited from (a) replicating content, (b) using a browser or border environment around the content, (c) implying in any fashion that Tote Taxi is endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with Tote Taxi, (e) presenting false information about Tote Taxi services, and (f) using any logo or mark of Tote Taxi without express written permission from Tote Taxi.

5. Restrictions on Your Use of Tote Taxi and the Tote Taxi APP

Tote Taxi will not accept for transport luggage or packages in excess of $150.00 in value. Tote Taxi’s inadvertent acceptance of any luggage or package in excess of $150.00 shall not negate Tote Taxi’s limitation of liability stated herein.

By delivering luggage or package to, or causing luggage or package to be delivered to, Tote Taxi for transport, you represent that the luggage or package does not contain any illegal substances, any liquids, or any hazardous materials, and does not exceed $150.00 in value.

You agree that Tote Taxi, in its sole discretion, may terminate, discontinue or suspend your use of the Tote Taxi APP and Tote Taxi’s services at any time and for any or no reason in Tote Taxi’s sole discretion. Upon such suspension or termination, you must immediately discontinue use of the Tote Taxi APP. Accessing the Tote Taxi APP or attempting to use Tote Taxi’s services after such termination, suspension or discontinuation shall constitute an act of trespass.

Tote Taxi reserves the right to reject any luggage or packages that are damaged or are improperly packed.

6. Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF the TOte Taxi APP IS AT YOUR SOLE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Tote Taxi APP IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND Tote Taxi HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE Tote Taxi APP, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

7. Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL Tote Taxi BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) EVEN IF Tote Taxi HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In no event shall Tote Taxi’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed $150.00. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

8. Controlling Law; Jurisdiction; Severability

Regardless of its place of negotiation, execution, or performance, you agree that these Terms and Conditions are governed by and shall be construed in accordance with the internal substantive laws of the State of New York, excluding any conflict-of-laws rule or principle that might refer the governance of the construction of the Terms and Conditions to the law of another jurisdiction, and the controlling United States federal law, where applicable.

Each party agrees to the exclusive jurisdiction of the state and federal courts in and for Suffolk County, New York for any litigation or other dispute resolution relating in any way to these Terms and Conditions. You hereby expressly and irrevocably waive any personal or subject matter jurisdiction, venue and inconvenient forum objections, that you may have now or hereafter, to the full extent permissible by law.

YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE TOTE TAXI APP OR SERVICES AND/OR CONTENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.

If for any reason a court of competent jurisdiction finds any provision herein, or portion thereof, to be unenforceable, the remainder of the Terms and Conditions shall continue in full force and effect to the maximum extent possible.

9. Miscellaneous Provisions

Headings. Headings used in the Terms and Conditions are for ease of reference only and shall not be used to interpret or limit any aspect of the Terms and Conditions.

Waiver. No failure or delay by Tote Taxi in exercising or enforcing any right or provision under the Terms and Conditions shall constitute a waiver of that right or provision unless so expressed in writing by Tote Taxi. Any such authorized waiver will not be construed as a waiver of any other term, condition, or provision or as a further or continuing waiver of such term or condition or any other term or condition.

Force Majeure. Tote Taxi shall not be liable for any losses arising out of the delay, failure or interruption of its performance of obligations under the Terms and Conditions due to any act of God, act of governmental authority, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, communication or utility failures, internet service provider failures or delays, or denial of service attacks, unplanned system down time, or any other cause beyond Tote Taxi’s reasonable control.

Submissions. Tote Taxi does not accept ideas, concepts, or techniques for new services or products through the Tote Taxi APP or other communications with Tote Taxi. If such ideas, concepts, or techniques are received by Tote Taxi, you acknowledge that (a) they will not be considered confidential or proprietary, (b) Tote Taxi and its affiliates are under no obligation to keep such information confidential, and (c) Tote Taxi will have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute, and exploit such ideas, concepts, or techniques in any manner it chooses.

Compliance with all Law. You agree to use the Tote Taxi APP in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of Tote Taxi, negatively reflect on the goodwill or reputation of Tote Taxi and shall take no actions which would cause Tote Taxi to be in violation of any laws, rulings or regulations applicable to Tote Taxi.

Assignment. You may not assign any of your interests, rights or obligations under these Terms and Conditions.

Questions regarding the Terms and Conditions may be forwarded to Tote Taxi’s Customer Service at info@totetaxi.com

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