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PLEASE READ THESE TERMS AND CONDITIONS OF USE ("USER
AGREEMENT") VERY CAREFULLY.
BY VISITING, BROWSING, MAKING RESERVATIONS, ACCESSING OR
OTHERWISE USING THIS WEB SITE (THE "SITE") OPERATED BY FIRST
CORPORATE SEDANS, INC. ("FCS"), YOU AGREE TO BE BOUND BY THESE
TERMS AND CONDITIONS.
Important Information About This
Legal Contract
You agree to this User Agreement, and all of its terms and conditions,
by visiting, browsing, making reservations, accessing or otherwise using
the Site. These terms and conditions are subject to change without prior
notice at any time, in FCS' sole discretion. By visiting, browsing, making
reservations, accessing or otherwise using the Site after a change has
been posted to the Site, the user accepts that change. Users should check
this User Agreement and the Privacy information frequently.
Acceptance of Contract Terms
This User Agreement, and all of its terms and conditions, constitutes
a legal contract between you and First Corporate Sedans, Inc. ("FCS").
(References to "you" or "your" shall relate to a customer
of FCS or other party that visits, browses, makes reservations, accesses
or otherwise uses the Site (the "Customer"); references to "FCS"
shall relate to First Corporate Sedans, Inc. and its affiliates.) By visiting,
browsing, making reservations, accessing or otherwise using this site
("Site"), you acknowledge that you have read, understood, and
agree to be bound by this User Agreement and comply with all applicable
laws and regulations, including U.S. laws
and regulations. If you do not agree to this User Agreement, as FCS may
change it from time to time, do not use this Site. Law, including, but
not limited to, United States copyright law and international treaties,
protects the material provided on this Site. This Site is controlled and
operated by FCS from its offices within the United States. FCS makes no
representation that materials in the Site are appropriate or available
for use in other locations, and access to them from territories where
their contents are illegal is not authorized. Those who choose to access
this Site from other locations do so on their own initiative and are responsible
for compliance with applicable local laws.
Any claim relating to, and the use of, this Site and the
materials contained herein is governed by the laws of the state of New
York without regard to conflict of law rules. You consent to jurisdiction
of the federal and state courts located in New York, NY to hear any such
claims.
Access, Interference and Linking
FCS grants you a limited license to access and make personal use of the
Site and not to download (other than page caching) or modify it, or any
portion of it, except as provided below under "Use Restrictions,"
or with express written consent of FCS.
The following activity on the Site is expressly prohibited:
Any non-personal or commercial use of any robot, spider, other automatic
device, or manual process to monitor or copy portions of the Site or the
content contained herein without prior written permission by FCS; collection
or use of any product listings, descriptions, or prices, from the Site
for the benefit of another merchant that supplies products competitive
with or comparable to those offered on the Site; and, Any use of, visits
to, or other action that imposes an unreasonable or disproportionately
large load on the Site, or otherwise interferes with its proper and timely
functioning.
Any unauthorized use terminates the license granted by FCS.
You are granted a limited, revocable, and nonexclusive right
to create a hyperlink to the home page of the Site so long as the link
does not portray FCS, its affiliates, or their products or services in
a false, misleading, derogatory, or otherwise offensive matter. You may
not use any FCS logo or other proprietary graphic or trademark as part
of the link without express written permission.
FCS does not review or control third-party sites that link
to or from the Site, and is not responsible for the contents of any third-party
sites linked to or from the Site.
Use Restrictions
The copyright in all material provided on this Site is held by FCS. Except
as stated herein, none of the material may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted in any form
or by any means, including, but not limited to, electronic, mechanical,
photocopying, recording, or otherwise, without the prior written permission
of FCS. Permission is granted to display, copy, distribute and download
the materials on this Site for personal, non-commercial use only, provided
you do not modify the materials and that you retain all copyright and
other proprietary notices contained in the materials. This permission
terminates automatically if you breach any of these terms or conditions.
Upon termination, you must immediately destroy any downloaded or printed
materials. You also may not, without FCS' prior written permission, "mirror"
any material contained on this Site on any other server. Any unauthorized
use of any material contained on this Site may violate copyright laws,
trademark laws, the laws of privacy and publicity, and communications
regulations and statutes.
All trademarks and registered trademarks are the sole property
of their respective owners. FCS and the logo are registered trademarks
of First Corporate Sedans, Inc. Copyright © 2008 First Corporate
Sedans, Inc.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL
FCS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING
OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN
IF FCS OR A FCS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE
NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME
ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU.
Arbitration
By accessing
the Site and using the information therein available and/or by using any
services made available through this Site, you agree with FCS, its service
providers, agents, employees, successors, assigns, affiliates, parents,
subsidiaries and any content provider of goods or services on this Site
or through any other associated activity, that ANY CLAIM OR DISPUTE UNDER
THE USER AGREEMENT AND ANY CLAIM OR DISPUTE THAT YOU MAY HAVE AGAINST
ANY OF THESE PERSONS OR ENTITIES, WHETHER RELATED TO THE DESCRIBED TRANSACTIONS
OR OTHERWISE, INCLUDING THE ENFORCEABILITY OF THIS ARBITRATION AGREEMENT,
WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION under
the Code of Procedure of ARBITRATION-FORUM.COM (the "Code")
in effect at the time the claim is filed. The Code is available at http://www.arbitration-forum.com
or can be obtained by calling 1-800-753-9448. Notwithstanding any choice
of law provision included in this User Agreement, this arbitration agreement
is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16)
and the New York Convention on the Enforcement of Arbitration Awards (9
U.S.C. §§ 201-208 or as codified in the jurisdiction where enforcement
of the award is sought). Hearings shall be held as provided by the Code
and if any In-person Hearing is required, it shall be held in New York,
NY. Each party shall bear its own cost of any legal representation, discovery,
or research required to complete arbitration.
Privacy
Please review our Privacy page,
which also governs your visit to this Site.
User Name and Password
You are responsible for maintaining the confidentiality of your user name
and password and for restricting access to your computer, and you agree
to accept responsibility for all activities that occur under your account
or password. If you are under 18, you may use the Site only with a parent
or guardian. FCS reserves the right to refuse service, close user profiles,
remove or edit content, or cancel reservations in its sole discretion.
Communications to FCS
Any communication or material you transmit to the Site by electronic mail
or otherwise, including any data, questions, comments, suggestions, or
the like is, and will be treated as, non-confidential and non-proprietary.
FCS may use anything you transmit or post for any purpose, including but
not limited to reproduction, disclosure, transmission, publication, broadcast,
and posting. Furthermore, FCS is free to use any ideas, concepts, know-how,
or techniques contained in any communication you send to FCS or the Site
for any purpose whatsoever, including but not limited to developing, manufacturing
and marketing products using such information.
Copyright Complaints
If you believe that your work has been copied in a way that constitutes
copyright infringement, please contact:
First Corporate Sedans, Inc.
60 East 42nd Street, Suite 2424
New York, NY 10165
Telephone: (212) 972-2282
Fax: (212) 286-9130
E-mail: it@fcsny.com
Disagreement with These Terms
and Conditions
If you disagree with any of the terms and conditions of this User Agreement,
please do not visit, browse, make reservations, access or otherwise use
this Site. |
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