NYBLACKCAR Terms of Service
Updated: March 1, 2023
This following user agreement describes the terms and conditions pursuant to which you are granted access to the NYBLACKCAR Platform. The NYBLACKCAR Platform is an application owned and operated by Executive Cars and Last Radio Group, with offices at 32-72 Gale Ave, Long Island City, NY 11101 (“NYBLACKCAR”). This Agreement is a legally binding agreement made between you (“You,” “Your,” or “Yourself”) and NYBLACKCAR (“NYBLACKCAR,” “We,” “Us” or “Our”). The NYBLACKCAR Platform provides a means to enable persons who seek transportation to certain destinations (“Riders”) to be matched with independent franchisee and vehicle owners and/or operators (“Drivers”). For purposes of this Agreement these services shall collectively be defined as the “Services.” This Agreement describes the terms and conditions that will govern your use of the Services and participation in the NYBLACKCAR Platform. NYBLACKCAR is willing to license, not sell, the NYBLACKCAR Platform to You only upon the condition that You accept all the terms contained in this Agreement. By signing up with or by using the NYBLACKCAR Platform, You indicate that You understand this Agreement and accept all of its terms. If You do not accept all the terms of this Agreement, then NYBLACKCAR is unwilling to license the NYBLACKCAR Platform to You.
You may acquire the NYBLACKCAR PLATFORM from Apple, Inc. (“Apple”) through its application distribution website (the “Apple App Store”) for licensed use with an Apple branded or compatible wireless handheld device, or from Google, Inc. (“Google”) and its application distribution website (“Google Play”) for licensed use on an Android branded or compatible wireless handheld device. This Agreement applies to any version of the NYBLACKCAR Platform that you acquire from the Apple App Store or from Google Play, and is entered into between You and NYBLACKCAR. Neither Apple nor Google are parties to this Agreement, and neither shall have any obligations with respect to the NYBLACKCAR Platform. NYBLACKCAR, not Apple or Google, is solely responsible for the NYBLACKCAR Platform and the content thereof as set forth hereunder. However, Apple, Google and their subsidiaries are third party beneficiaries of this Agreement. Upon Your acceptance of this Agreement, Apple and Google shall each have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third party beneficiary thereof. This Agreement incorporates by reference the Licensed Application End User License Agreements published by Apple and Google, for purposes of which, You are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
Please read this Agreement carefully before using the Services. You must read, agree with and accept all of the terms and conditions contained in this Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before You use any of the Services. By using any of the Services, You become a Participant in NYBLACKCAR and a User of Services available on the NYBLACKCAR Platform (“Participant” or “User”) and You agree to be bound by the terms and conditions of this Agreement with respect to such Services.
If you do not agree to be bound by the terms and conditions of this agreement, please do not use or access NYBLACKCAR or register for the Services provided on NYBLACKCAR. We may change, add, delete or amend this Agreement or any part thereof at any time by posting the amended terms on the NYBLACKCAR Platform. If we post amended terms on the NYBLACKCAR Platform, You may not use the Services without accepting them. Except as stated below, all amended terms shall automatically be effective after they are posted on the NYBLACKCAR Platform. This Agreement may not be otherwise amended except in writing signed by you and NYBLACKCAR.
NYBLACKCAR does not provide transportation services, and NYBLACKCAR is not a transportation carrier, nor is it a licensed dispatching base; rather it is a service provider that uses its Platform and technology to provide the Services described herein. It is up to the Driver or vehicle operator to decide whether or not to offer a ride to a Rider contacted through the NYBLACKCAR Platform, and it is up the Rider to decide whether or not to accept a ride from any Driver contacted through the NYBLACKCAR Platform. Any decision by a user to offer or accept transportation once such user is matched through the NYBLACKCAR Platform is a decision made in such user’s sole discretion. NYBLACKCAR offers information and a method to connect Drivers and Riders with each other, but does not and does not intend to provide transportation services or act in any manner as a transportation carrier, and has no responsibility or liability for any transportation services voluntarily provided to any Rider by any Driver using the NYBLACKCAR Platform. NYBLACKCAR is not the employer of any Driver using the NYBLACKCAR Platform. All Drivers are independent contractors and are not, in any manner, subject to the supervision, direction and/or control of NYBLACKCAR.
Payments
Estimated and Actual Charges The estimated cost of services provided by NYBLACKCAR will be as displayed on the App (“Estimated Charges”). You understand and agree that the Estimated Charges do not constitute a firm price quote, and that the actual cost of services may be greater than those displayed on the App in the event you incur additional fees. Additional fees that may result in a difference between Estimated Charges and Actual Charges include without limitation charges for waiting time, tolls, additional stops, parking, changes to the requested destination, service charges, fuel surcharges, and state or local taxes or surcharges. As a Rider you agree that any amounts charged following a ride (a “Charge”) are due immediately. NYBLACKCAR reserves the right to determine pricing.
Cash and Gift Card Payments Prohibited. All Payments made by Passengers to Drivers shall only be made through the NYBLACKCAR Platform using a valid credit card issued to the Passenger. Cash Payments are strictly prohibited, as are payments made utilizing gift cards. Neither Drivers nor Passengers may make or accept Payments in cash under any circumstances. All Charges shall be facilitated through NYBLACKCAR’s third-party payment processing service.
Refunds
The full amount of the Charge, as applicable, is charged to the Rider’s authorized credit card. All payments made are non-refundable. This no-refund policy shall apply at all times regardless of a Rider’s decision to terminate usage of NYBLACKCAR, our decision to terminate a Rider’s usage, disruption caused to our Services either planned, accidental or intentional, or any other reason whatsoever.
Promotional Offers
NYBLACKCAR, at its sole discretion, may make available promotional offers with different features to any of our customers. These promotional offers, unless made to You, shall have no bearing whatsoever on Your offer or contract. NYBLACKCAR may change pricing as we deem necessary for our business.
Cancellation Fee
In the event that a Rider cancels a ride request on the NYBLACKCAR Platform, a Cancellation Fee may be charged, which You, as Rider, agree to pay. For details of Our Cancellation Fee policy, see Our FAQs.
Damage Fee
In the event that a Driver reports to NYBLACKCAR that a Rider has, in any manner, soiled or damaged the Driver’s vehicle, Rider agrees to pay a “Damage Charge” of either $100 or $250 depending on the extent of the damage (as determined by NYBLACKCAR in its sole discretion), which shall constitute payment for Driver’s cost of repairing or cleaning the vehicle, or otherwise remediating the damage. The Damage Charge shall be remitted to Driver. NYBLACKCAR reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Charge. In the event that damage expenses incurred exceed the Damage Charge collected by NYBLACKCAR, then the Driver may pursue further claims against the Rider.
Car Seats
Car seats may be requested at the time you place your reservation and are subject to availability and an additional charge. You may also use your own car seat. You will be responsible for installation of the car seat, and for properly buckling your child or infant into the car seat. By using a car seat supplied by Driver, you hereby release Us and Driver from any claims, causes of action, damages or other liabilities, including without limitation those that result in death, injury and/or property damage, resulting from such use, including without limitation those caused due to improper use, improper installation, and defects in design and manufacture.
Insurance
All Drivers operating in New York are independent owners and/or operators, and are required to procure insurance in accordance with local applicable regulations.
Eligibility
Our Services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, Our Services are not available to children (persons under the age of 18) or to temporarily or indefinitely terminated Participants. By becoming a Participant, You represent and warrant that You are at least 18 years old. By using the NYBLACKCAR Platform or the Services, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement.
You are the sole authorized user of Your account. You are responsible for maintaining the confidentiality of any password provided by You or NYBLACKCAR for accessing the Services. You are solely and fully responsible for all activities that occur under Your password or account. NYBLACKCAR has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should You suspect that any unauthorized party may be using Your password or account or You suspect any other breach of security, You will contact Us immediately.
Term and Termination
This Agreement is effective upon use of the NYBLACKCAR Platform or the Services for new Users and upon the posting dates of any subsequent amendments to this Agreement for all current Users. You may terminate your participation in the Services at any time, for any reason upon receipt by Us of Your written or email notice of termination. Either You or We may terminate Your participation in the NYBLACKCAR Platform by removing Your Information at any time, for any or no reason, without explanation, effective upon sending written or email notice to the other party. Upon such termination, We will remove all of Your information from Our servers, though We may retain an archived copy of records We have about You as required by law or for legitimate business purposes. We maintain sole discretion to bar Your use of the Services in the future, for any or no reason. Even after your participation in the NYBLACKCAR Platform is terminated, this Agreement will remain in effect.
Your Information
Your Information is any information You provide, publish or display (“post”) to the NYBLACKCAR Platform or in any public message area (including, but not limited to the feedback section) or through any email feature (“Your Information”). Your Information will be stored on computers. You consent to Us using Your Information to create a User account that will allow You to participate in the Services. You are solely responsible for Your Information and Your interactions with other people in the public, and We act only as a passive conduit for Your online posting of Your Information. When You use the NYBLACKCAR Platform, You agree to provide accurate, current and complete information as prompted by Our registration form and to maintain and timely update Your Information to keep it accurate, current and complete at all times during the Term of the Agreement. You agree that We and other people of the public may rely on Your Information as accurate, current and complete. You acknowledge that if Your Information is untrue, inaccurate, not current or incomplete in any respect, We have the right to terminate this Agreement and Your use of the Services.
Restricted Activities
You agree that you will use the Services in a manner consistent with any and all applicable laws and regulations. We reserve the right, but are not obligated to investigate and terminate Your participation in the NYBLACKCAR Platform if You have misused the NYBLACKCAR Platform or the Services, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. With respect to Your participation on the NYBLACKCAR Platform or through the Services, You agree that You will not: Impersonate any person or entity; “Stalk” or otherwise harass any person; Express or imply that any statements You make are endorsed by Us, without Our specific prior written consent; use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents; post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; remove any copyright, trademark or other proprietary rights notices contained in the Service; interfere with or disrupt the Services or the NYBLACKCAR Platform or the servers or networks connected to the Services or the NYBLACKCAR Platform; post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service; “frame” or “mirror” any part of the Service, without Our prior written authorization or use meta tags or code or other devices containing any reference to Us or the Services or the NYBLACKCAR Platform in order to direct any person to any other web site for any purpose; or modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or any software used on or for the Services or cause others to do so. You further agree that Your Information and Your interactions on the NYBLACKCAR Platform shall not: be false, inaccurate or misleading (directly or by omission or failure to update information); infringe any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; violate any law, statute, ordinance or regulation; be defamatory, trade libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material;contain any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language; include in Your Information any telephone numbers, street addresses, last names, URL’s or E-mail addresses other than where explicitly asked for it in the Your registration and profile section; contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; create liability for Us or cause Us to become subject to regulation as a transportation carrier or provider of taxi service; or link directly or indirectly to any other web sites. You further agree that you will not transfer, use, or sell Your NYBLACKCAR account and/or ID to any another party. We reserve the right, but we have no obligation, to reject any Participant that does not comply with these prohibitions.
Proprietary Rights
NYBLACKCAR owns and retains ownership in the NYBLACKCAR Platform, and all intellectual property therein. Contingent upon Your compliance with the terms and conditions of this Agreement, NYBLACKCAR hereby grants to You a limited, non-transferable, non-exclusive, non-assignable, revocable license to use the NYBLACKCAR Platform on any Android device that You own or control and/or any iPhone or iPod touch that You own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the “Usage Rules”).
This license does not allow You to use the NYBLACKCAR Platform on any Android device, iPod touch, or iPhone that You do not own or control, and You may not distribute or make the NYBLACKCAR Platform available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the NYBLACKCAR Platform. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the NYBLACKCAR Platform, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of the rights of NYBLACKCAR and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by NYBLACKCAR that replace and/or supplement the NYBLACKCAR Platform, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
You warrant and represent to Us that Your Information is posted by You and that You are the sole author of Your Information. To enable the NYBLACKCAR Platform to use Your Information without violating any rights You might have in such information, You automatically grant, and You represent and warrant that You have the right to grant, to Us and other Participants, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights You have in Your Information and Your Content, and to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, in any media now known or not currently known, with respect to Your Information. NYBLACKCAR will only use Your Information and Content in accordance with Our Privacy Policy. You may remove Your Content or Your Information from the NYBLACKCAR Platform at any time. If You choose to remove Your Content or Your Information, the license granted above will automatically expire, however You acknowledge that NYBLACKCAR may retain archived copies of Your Content. NYBLACKCAR does not assert any ownership over Your Content; rather, as between Us and You, subject to the rights granted to Us in these Terms of Service, You retain full ownership of all of Your Content and any intellectual property rights or other proprietary rights associated with Your Content. In addition, other Participants may post copyrighted information on the NYBLACKCAR Platform, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which You have been given permission, You will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information of other Participants on the NYBLACKCAR Platform.
Information Control
Location data provided by the NYBLACKCAR Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither NYBLACKCAR, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the Services. Any of Your Information, including geo-locational data, You upload, provide, or post on the NYBLACKCAR Platform may be accessible to certain Users of the NYBLACKCAR Platform.
NYBLACKCAR E-mail and Text Communications
E-mail communications and text messages sent from Us or through Us are designed to make Your NYBLACKCAR experience more efficient. By becoming a Participant, You specifically agree to accept and consent to receiving e-mail communications and text messages initiated from Us or through Us, which include, without limitation: message notification e-mails, e-mails or text messages informing You about potential available Drivers and e-mails informing You of promotions We run and emails informing You of new and existing features We provide. Standard text messaging charges applied by Your cell phone carrier will apply to text messages We send. If You change Your mobile phone service provider, the notification service may be deactivated for Your phone number and You may need to re-enroll in the notification service. NYBLACKCAR reserves the right to cancel the notification service at any time. If You do not wish to receive any of our e-mail communications or text messages, please do not use the Services.
Intellectual Property
All intellectual property rights on the NYBLACKCAR Platform and in the Services shall be owned by Us absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the NYBLACKCAR Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the NYBLACKCAR Platform or the Services (“Submissions”), provided by You to Us are non-confidential and shall become the sole property of NYBLACKCAR. NYBLACKCAR shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to You.
Copyright Complaints and Copyright Agent
NYBLACKCAR respects the intellectual property of others, and expects Users to do the same. If You believe, in good faith, that any materials on the Services infringe upon Your copyrights, please send the following information to NYBLACKCAR’s Copyright Agent at NYBLACKCAR, 32-72 Gale Ave, Long Island City, NY 11101:
A description of the copyrighted work that You claim has been infringed, including specific location on the Services where the material You claim is infringed is located. Include enough information to allow NYBLACKCAR to locate the material, and explain why You think an infringement has taken place;
A description of the location where the original or an authorized copy of the copyrighted work exists – for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
Your address, telephone number, and e-mail address; A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by You, made under penalty of perjury, that the information in Your notice is accurate, and that You are the copyright owner or authorized to act on the copyright owner’s behalf; and
An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Indemnity
You will defend, indemnify, and hold Us and Our officers, directors, employees, agents and any third parties harmless for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of Your use of the Service, including:Your breach of this Agreement or the documents it incorporates by reference; or
Your violation of any law or the rights of a third party, including, without limitation, Drivers, Riders, other motorists, and pedestrians, as a result of Your own interaction with such third party, any allegation that any materials that You submit to Us or transmit to the Services or to Us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party;
Your ownership, use or operation of a motor vehicle or passenger vehicle, including Your provision of rides to Riders; and/or any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
Online Content Disclaimer
Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the Services and neither do We adopt nor endorse nor are We responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than Us. Under no circumstances will We be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Services, or transmitted to participants. The NYBLACKCAR Platform may contain links to other web sites (“Third Party Sites”). We are not responsible for any Third Party Sites accessed through the NYBLACKCAR Platform or any Third Party Applications, Software or Content available through the Third Party Sites.
Other Disclaimers
We, Our subsidiaries, officers, directors, employees and our suppliers provide the NYBLACKCAR Platform and the Services on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the NYBLACKCAR Platform and/or the Services. We, Our subsidiaries, officers, directors, employees and Our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You. This warranty gives You specific legal rights and You may also have other legal rights that vary from state to state. We do not warrant that Your use of the Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet Your requirements, that any defects in the Services will be corrected, or that the Services are free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability. We cannot guarantee that each User is at least the required minimum age, nor do We accept responsibility or liability for any content, communication or other use or access of the NYBLACKCAR Platform or the Services by persons under the age of 18 in violation of this Agreement. We are not responsible or liable in any manner for any Content posted on the NYBLACKCAR Platform or in connection with the Service, whether posted or caused by Users of the NYBLACKCAR Platform, by NYBLACKCAR, by third parties or by any of the equipment or programming associated with or utilized in the NYBLACKCAR Platform or the Services. Although We provide rules for User conduct and postings, We do not control and are not responsible for what Users post, transmit or share on the NYBLACKCAR Platform and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content You may encounter on the NYBLACKCAR Platform or in connection with any Content. NYBLACKCAR is not responsible for the conduct, whether online or offline, of any user of the NYBLACKCAR Platform or Services. It also is possible for others to obtain personal information about You due to Your use of the NYBLACKCAR Platform or the Services, and that the recipient may use such information to harass or injure You. We are not responsible for the use of any personal information that You disclose on the NYBLACKCAR Platform or through the Services.
You are solely responsible for Your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between You and other Users. Please carefully select the type of information that You post on the NYBLACKCAR Platform or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Participants or Users (including unauthorized users, or “hackers”). NYBLACKCAR only offers a venue that enables Drivers and Riders to match with each other. NYBLACKCAR does not offer transportation services and NYBLACKCAR is not a transportation company. We are not involved in the actual transportation provided by Drivers to Riders. As a result, We have no control over the quality or safety of the transportation that occurs as a result of the Service; nor do We have any control over the truth or accuracy of the of Participants’ information listed on the NYBLACKCAR Platform. We cannot ensure that a Driver or Rider is who he or she claims to be or that a Driver or Rider will actually complete an arranged service. We reserve the right to change any and all Content, software and other items used or contained in the NYBLACKCAR Platform and the Services at any time without notice.
The NYBLACKCAR Platform and the Services may be temporarily unavailable from time to time for maintenance or other reasons. NYBLACKCAR assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. NYBLACKCAR is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet, on the NYBLACKCAR Platform, on any web site or any combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Services.
Limitation of Liability
In no event will We, Our subsidiaries, officers, directors, employees or Our suppliers, be liable to You for any incidental, consequential, or indirect damages (including, but not limited to, damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by Our services, service interruptions, travel delays, missed flights or other transportation connections, packages or parcels left in Driver’s vehicle, or for the cost of procurement of substitute services) arising out of or in connection with NYBLACKCAR, Our services or this agreement (however arising, including negligence) even if We or Our agents or representatives know or have been advised of the possibility of such damages. We do not screen the participants using the services in any way. As a result, We will not be liable for any damages, direct, indirect, incidental and/or consequential, arising out of the use of NYBLACKCAR or the services, including, without limitation, to damages arising out of communicating and/or meeting with other participants of NYBLACKCAR or the services, or introduced to you via NYBLACKCAR or the services. Such damages include, without limitation, physical damages, bodily injury, death and or emotional distress and discomfort. Notwithstanding anything to the contrary contained herein, our liability, and the liability of Our subsidiaries, officers, directors, employees, and suppliers, to You or any third parties in any circumstance is limited to $100.
NYBLACKCAR has no responsibility whatsoever for the actions, conduct or negligence of Drivers or Riders. NYBLACKCAR has no obligation to intervene in or be involved in any way in disputes that may arise between Drivers, Riders, or third parties. Responsibility for the decisions you make regarding providing or accepting transportation rest solely with You. It is each Rider and Driver’s responsibility to take reasonable precautions in all actions and interactions with any party they may interact with through use of the services. NYBLACKCAR may but has no responsibility to screen or otherwise evaluate potential Riders or users. Users understand and accept that NYBLACKCAR has no control over the identity or actions of the Riders and Drivers, and NYBLACKCAR requests that users exercise caution and good judgment when using the services. Drivers and Riders use the services at their own risk.
Release
In the event that You have a dispute with one or more Users (i.e., Drivers or Riders), You agree to release NYBLACKCAR (and Our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or to Your use of the NYBLACKCAR Platform or the Services.
Breach
Without limiting other remedies, We may terminate Your Participation, remove Your Information, warn Our community of Your actions, issue a warning, and refuse to provide Our services to You if: You breach this Agreement or the documents it incorporates by reference; We are unable to verify or authenticate any information You provide to Us; We believe that Your actions may cause financial loss or legal liability for You, Our users or Us, or subject NYBLACKCAR or You or any other User to regulation by any state or local government or regulatory agency; or if We suspect that You have engaged in fraudulent activity in connection with the NYBLACKCAR Platform or the Services.
Agreement to Arbitrate All Disputes and Legal Claims
You and We agree that any legal disputes or claims arising out of or related to the Agreement (including but not limited to the use of the NYBLACKCAR Platform and/or the Services, or the interpretation, enforceability, revocability, or validity of the Agreement, or the arbitrability of any dispute), that cannot be resolved informally shall be submitted to binding arbitration in the state in which the Agreement was performed. The arbitration shall be conducted by the American Arbitration Association, in New York County, under its Commercial Arbitration Rules (a copy of which can be obtained here), or as otherwise mutually agreed by you and we. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. You and we agree that any claim, action or proceeding arising out of or related to the Agreement must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, collective, or class proceeding. YOU ACKNOWLEDGE AND AGREE THAT YOU AND NYBLACKCAR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Confidentiality
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to NYBLACKCAR’s business, operations and properties (“Confidential Information”) disclosed to You by NYBLACKCAR for Your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of NYBLACKCAR in order to prevent it from falling into the public domain. Notwithstanding the above, You shall not have liability to NYBLACKCAR with regard to any Confidential Information which You can prove: was in the public domain at the time it was disclosed by NYBLACKCAR or has entered the public domain through no fault of Yours; was known to You, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of NYBLACKCAR; becomes known to You, without restriction, from a source other than NYBLACKCAR without breach of this Agreement by You and otherwise not in violation of NYBLACKCAR’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to NYBLACKCAR to enable NYBLACKCAR to seek a protective order or otherwise prevent or restrict such disclosure.
Notices, Complaints
Except as explicitly stated otherwise, any notices to NYBLACKCAR shall be given by certified mail, postage prepaid and return receipt requested to NYBLACKCAR 32-72 Gale Ave, Long Island City, NY 11101, and any notices to You shall be provided to You through the NYBLACKCAR Platform or given to You via the email address You provide to NYBLACKCAR during the registration process. In such case, notice shall be deemed given 3 days after the date that the email was sent. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, We may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to NYBLACKCAR during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. To resolve a complaint regarding the Service, You should contact Our Customer Service Department by email.
