1 Terms and Conditions of Use Terms and Conditions of Use Agreement PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY BEFORE USING THIS SITE YOUR USE OF THIS SITE OR THE SERVICES CONSTITUTES AGREEMENT TO THE TERMS AND CONDITIONS OF USE AGREEMENT SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE. Acceptance of Terms Taxidatum.com ( we or Company ) provides online, including a directory of paid and unpaid listings of taxicab companies and other service providers accessible from the Company website, and various other services, (collectively referred to hereafter as the Service") subject to the following Terms and Conditions of Use ("Terms" or Agreement ), which we may update from time to. By accessing and/or using the Services in any way, including by accessing this site, you are agreeing to be bound by and to comply with this Agreement. In addition, when using particular Company Services, you agree to abide by any applicable posted guidelines for all Company Services, which may change from time to time. If you do not agree to the terms of this Agreement, you must immediately stop use of the Services. If you remain on this site, you agree to be bound by this Agreement. Assumption of Risk for Use of Content You are fully responsible for your use of the listings, messages, postings, text, files, phone numbers, images, photos, sounds, video, or other materials ( Content ) found on the Service. You agree and acknowledge that you may be exposed to information that is inaccurate, misleading, incomplete, and/or outdated. Taxi companies and other service providers listed in the Service ( Listed Providers ) may or may not be advertisers paying Company to be listed. Listed Providers may or may not be properly licensed by applicable jurisdictions. Listed Providers in no event are agents of Company; in no event is Company an agent of or on behalf of any Listed Providers. Under no circumstances is Company responsible for the activities or services of Listed Providers. In no circumstances does Company control in any way the activities or services of Listed Providers. Listing any Listed Provider in the Services in any way is not under any circumstances a recommendation or referral by Company of such Listed Providers. You acknowledge that Company does not make any recommendations or referrals for any Listed Providers. Content available through the Service may contain links to other websites which are completely independent of Company. Taxidatum.com makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk.
2 You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Taxidatu.com be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, ed or otherwise made available via the Service. Dealings with Listed Providers, other users, and third parties Your interactions with Listed Providers, organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Listed Providers or organizations and/or individuals. You agree that Taxidatum.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between between users and any third party, including but not limited to Listed Providers, you understand and agree that Taxidatum.com is under no obligation to become involved. In the event that you have a dispute with one or more other users or Listed Providers, you hereby release Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. Copyright Notice All the content is this website is copyrighted, you should use a sole discretion, if any of the content is needed, please link to this website: Trademarks All other trademarks and service marks are trademarks of their respective owners. Proprietary Rights The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Company. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of Company, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. time you must immediately discontinue use of the Taxidatum.com Data Mining Prohibited
3 You may not use bots or similar methods or tools to "data mine" or otherwise gather or extract from this Site. Unauthorized Access or Use You agree not to attempt to gain unauthorized access to Company s computer systems or private subwebs or engage in any activity that disrupts, interferes, or diminishes in any way the Services. Use of Information Company grants you a limited, revocable, nonexclusive license to access the Service for your own personal use of the Service, and not to download (other than page caching) or modify it, or any portion of it, or any Content made available via the Service (except, if and when applicable, for your own Content), without the express written consent of Company. This license does not include any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Company. A limited exception is provided to general purpose internet search engines and noncommercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or directories of local transportation service providers. Use of the Service beyond the scope of authorized access granted to you by Company immediately terminates said permission or license. Control of Service While Company exercises no control over the services or activities of the Listed Providers or other third parties, Company does exercise complete control over the Services including the site, and reserves the right to discontinue, modify or reorganize any or all of the Services, remove, modify or reorganize any and all Content, Listed Providers, or make any other changes to the Services, without notice. Any user accounts established with Company for use in connection with the Services may, as part of the Services, may be discontinued or modified at any time in the sole discretion of Company with or without notice, for any reason, including but not limited to inactivity or violation of the Agreement. You further agree that Company in its sole discretion has the right but not obligation to terminate your access to or use of the Service immediately without notice. Limitation of Liability THE USER OF THIS SITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE SERVICES. TAXIDATUM.COM, ASSUMES NO RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY INFORMATION (OR OTHER CONTENT), APPARATUS, OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS SITE OR THE SERVICES. IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL TAXIDATUM.COM BE
4 LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER, (INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE OR DEATH OR PERSONAL INJURY, LOSS OF USE, DATA, OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR PERFORMANCE OF THE SERVICES IN GENERAL OR THIS SITE IN PARTICULAR OR SITES ACCESSIBLE BY LINKS FROM IT, (B) ANY CONTENT, INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS SITE OR THE SERVICES (INCLUDING WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY SITE), (C) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A LISTED PROVIDER OR OTHER THIRD PARTY, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER CONTENT, INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS SITE OR THE SERVICES, OR (D) OTHERWISE RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT; WHETHER BASED ON BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHER FORM OF ACTION OR LEGAL THEORY, REGARDLESS OF WHETHER TAXIDATUM.COM, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Disclaimer of Warranties THE SERVICES INCLUDING THIS SITE ARE MADE AVAILABLE TO YOU ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES. TAXIDATUM.COM HEREBY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. NO ADVICE OR INFORMATION GIVEN BY TAXIDATUM.COM, OR EMPLOYEES SHALL CREATE ANY WARRANTY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (A) TAXIDATUM.COM MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE SERVICES OR THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER CONTENT ACCESSIBLE FROM THE SERVICES OR THIS SITE IS FREE OF ERRORS, INACCURACIES, OMISSIONS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND (B) TAXIDATUM.COM MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THE SERVICES OR THIS SITE OR ANY THIRD PARTY SITE, (2) THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THE SERVICES OR THIS SITE (INCLUDING WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY SITE), OR (3) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A LISTED PROVIDERS OR A THIRD PARTY, OR ANY PRODUCTS OR SERVICES PURCHASED OR
5 OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER CONTENT OR INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THE SERVICES OR THIS SITE. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION (DISCLAIMER OF WARRANTIES) AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL GOVERN. COMPANY DISCLAIMS TO THE FULLEST EXTENT POSSIBLE ANY WARRANTIES FOR SERVICES RECEIVED FROM LISTED PROVIDERS OR RECEIVED BY OR ADVERTISED OR LISTED ON THE SITE OR SERVICES. Disclaimer of Endorsement Reference herein to any Listed Providers, products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by Company. Product and service information is the sole responsibility of each individual vendor. Company makes NO ENDORSEMENT of any Listed Providers or others on the Services or Site. Indemnity You agree to indemnify and hold Company, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out your use of the Service or Site, of Content you use, services you receive from Listed Providers or others advertised or listed on the Services or Site, your violation of the Agreement, your breach of any of the representations and warranties herein, or your violation of any laws, regulations, or rights of another. Changes to This Agreement Company reserves the right to change any of the terms of this Agreement (including, without limitation, any terms, policies or notices incorporated herein by reference) without prior notice. You agree to visit this Site periodically to be aware of and review any such changes. Changes to this Agreement will be effective upon posting. By continuing to use the Services or this Site after changes are posted, you accept the changes and agree to them. Miscellaneous You and Taxidatum.com agree that the substantive Peruvian laws, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. YOU AND TAXIDATUM.COM CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN LIMA, PERU FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THE SERVICES OR THE SITE. Notwithstanding any statute of limitations, and except as
6 otherwise required by law, any cause of action or claim you may have with respect to the Services or the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. If any portion of this Agreement is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of the Agreement as possible. No waiver of any breach of any agreement or provision of this Agreement, nor any failure to assert any right or privilege contained in this Agreement, shall be deemed a waiver of any preceding or succeeding breach of any agreement or provision. You agree not to assign or otherwise transfer this Agreement in whole or in part; any attempt to do so shall be void. This Agreement (including all policies, notices and other terms incorporated into this Agreement by reference) constitutes the entire agreement between you and Company with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. This Agreement may be revised only: (a) by Company as set forth in the Section of this Agreement entitled "Changes to this Agreement", or (b) by written agreement signed by Taxidatum legal representative. Any terms varying from this Agreement in any written, electronic or other communication from you are void.