YOU AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
Price4Limo.com provides an online portal to give visitors the ability to shop for competitively priced limousine type services.
2. Ownership. This Site is owned and operated by Price4Limo.com, Inc. All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") are owned by Price4Limo. Except as otherwise expressly provided by Price4Limo, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of Price4Limo's intellectual property rights, whether by estoppel, implication or otherwise. See the "Legal Contact Information" below if you have any questions about obtaining such licenses. Price4Limo does not sell, license, lease or otherwise provide any of the services offered on the Site, other than providing the identity of third party vendors who may be able to provide limousine type services. Any rights not expressly granted herein are reserved by Price4Limo.
3. Links to Third Party Sites. This Site may contain links to websites controlled by parties other than Price4Limo (each a "Third Party Site"). Price4Limo works with a number of partners and affiliates whose sites are linked with Price4Limo. Price4Limo is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. Price4Limo makes no guarantees about the content or quality of the products or services provided by such sites. Price4Limo is not responsible for webcasting or any other form of transmission received from any Third Party Site. Price4Limo is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Price4Limo of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Price4Limo is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
Regardless of how you came to visit the website of Price4Limo, whether by or through a Third Party Site or any other manner or method, the terms and conditions set forth herein as well as any other such disclaimers, disclosures, contracts, and/or agreements as involving your usage or involvement with Price4Limo shall be fully binding on You.
4. Rights and Responsibilities of Price4Limo Users.
You are legally and ethically responsible for any User Content - writings, files, pictures or any other work - that you post or transmit using any Price4Limo service that allows interaction or dissemination of information. In posting User Content, you agree that you shall not submit any content:
(i) that is known by you to be false, inaccurate or misleading;
(ii) that infringes anyone's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
(iii) that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising).
(iv) that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing, or advocates or encourages illegal conduct harmful to any individual, partnership or corporation.
(v) that includes advertisements, spam, or content for which you were compensated or granted any consideration by any third party;
(vi) that includes information that references other websites, addresses, email addresses, phone numbers, or other contact information;
(vii) that contains any computer virus, worms, or other potentially damaging computer programs or files;
You are not required to provide your real name when signing up as a user of Price4Limo.Price4Limo permits anonymous or pseudonymous accounts. Ratings and reviews will generally be posted in two to four business days.
By submitting your email address in connection with your rating and review, you agree that Price4Limo may use your email address to contact you about the status of your review and other administrative purposes.
5. NO WARRANTY. PRICE4LIMO DOES NOT PROVIDE TRANSPORTATION SERVICES, AND PRICE4LIMO IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE AFFILIATE, THIRD PARTY TRANSPORTATION PROVIDER, DRIVER OR VEHICLE OPERATOR TO OFFER TRANSPORTATION SERVICES WHICH MAY BE SCHEDULED THROUGH USE OF THE SERVICE. PRICE4LIMO OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH THIRD PARTY TRANSPORTATION SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION CARRIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES.THE LIMOUSINE REFERRAL SERVICES PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, PRICE4LIMO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
PRICE4LIMO MAKES NO WARRANTY THAT: (A) THE LIMOUSINE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE LIMOUSINE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE LIMOUSINE SERVICES WILL BE ADQUATE OR RELIABLE; (D) AS TO THE STATUS OF ANY OF PRICE4LIMO’S AFFILIATES OR ASSOCIATED LIMOUSINE COMPANIES’ LICENSES, PERMITS, DRIVING HISTORY, SAFETY PRECAUTIONARY PROCEDURES, QUALITY OF DRIVERS EMPLOYED OR ANY OTHER ASPECT OF PRICE4LIMO’S AFFILIATES OR ASSOCIATED LIMOUSINE COMPANIES (E) THE QUALITY OF ANY THE LIMOUSINE SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE SITE; (F) THE QUALITY AND/OR DRIVING RECORD OF THE DRIVER(S) UTILIZED BY THE COMPANY FURNISHING THE LIMOUSINE SERVICES OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS. PRICE4LIMO MAKES NO REPRESENTATIONS AND DISCLAIMS ANY AND ALL WARRANTIES RELATED TO THE DISTRIBUTION AND DIVISION OF MONIES PAID FOR BY YOU OR OTHER PERSONS/ENTITIES FOR LIMOSINE SERVICES INCLUDING WITHOUT LIMITATION ANY REPRESENTATION OR WARRANTY THAT GRATUITY PAYMENTS AND/OR TIPS, AS MAY BE QUOTED, STATED OR PAID FOR SHALL ACTUALLY BE DISBURSED TO ANY DRIVER, PERSON, COMPANY, OR THIRD PARTY REGARDLESS OF ANY SUCH DESIGNATION OR STATEMENT TO SUCH EFFECT ANYWHERE WITHIN THE MATERIALS, WEBSITE, OR DOCUMENTATION AS INVOLVING PRICE4LIMO OR ANY OF PRICE4LIMO’S AFFILIATES OR ASSOCIATED LIMOUSINE COMPANIES.
CONTRACTING FOR SUCH LIMOUSINE SERVICES IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. PRICE4LIMO SHALL HAVE NO RESPONSIBILITY FOR ANY LOSS, INJURY, DAMAGE, FINES, PENALTIES, COMPENSATION OR OTHER AMOUNTS THAT RESULT THE LIMOUSINE SERVICES CONTRACTED FOR BY YOU THROUGH THIS SITE. PICTURES, DEPICTIONS, OR PHOTOGRAPHS ON THE WEBSITE OR ANY OTHER ADVERTISEMENT OR OTHER SUCH MATERIALS OF ANY PARTICULAR VEHICLE, LIMOUSINE OR OTHERWISE, ARE NOT NECESSARILY REPRESENTATIVE OF THE TYPE, MAKE, MODEL, CAPACITY, UTILITY, COLOR, OR QUALITY OF ANY SUCH VEHICLES WHICH MAY BE PROVIDED OR UTILIZED BY PRICE4LIMO OR ANY OF PRICE4LIMO’S AFFILIATES OR ASSOCIATED LIMOUSINE COMPANIES.
6. PRICING. Due to the variation of availability which may be limited on holidays, certain times of year, including prom schedules, and other factors affecting pricing Price4Limo does not guaranty any quotes referenced online, advertised, nor appearing on any PRICE4LIMO website or other offering until such reservation is fully confirmed by PRICE4LIMO, and/or any of its affiliates. Any quotes stated therein are based upon low peek season and the non-existence of factors affecting the final price for such limousine services and should not be relied upon for any purpose. No pricing or quotes that appear on the PRICE4LIMO website. From any of PRICE4LIMO’s affiliates or any other party are guaranteed nor available necessarily as such prices or quotes referenced therein are merely a representation of prior quotes for other limousine services rendered and may not have close relation to the pricing for the limousine services you seek the day you seek to utilize such services, or the nature of the services you require. Further, if your final drop off is not in the same vicinity as your initial pick up additional charges may apply.
7. LIMITATION OF LIABILITY. IN NO EVENT SHALL PRICE4LIMO, OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE AND/OR THE LIMOUSINE SERVICES CONTRACTED FOR BY YOU. 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. FURTHER, EXCEPT AS PERMITTED BY LAW. ANY AND ALL APPROPRIATE INQUIRIES CONCERNING DRIVERS OR OTHER LIMOUSINE PERSONNEL SHOULD BE DIRECTED TO THE LIMOUSINE COMPANY PROVIDING OR HAVING PROVIDED THE LIMOUSINE SERVICES AND NOT PRICE4LIMO. PRICE4LIMO IS NOT RESPONSIBLE FOR THE PROCESSING OR PROVIDING OF ANY REFUNDS IN ANY AMOUNT REGARDLESS OF THE SITUATION OF CIRCUMSTANCE. ANY CLAIMS FOR REFUNDS, WHETHER PARTIAL OR IN FULL, MUST BE MADE DIRECTLY TO THE LIMOUSINE COMPANY PROVIDING OR HAVING PROVIDED THE LIMOUSINE SERVICES AND NOT PRICE4LIMO.
8. NON-REFUNDABLE DEPOSIT AND INFORMATION. PRICE4LIMO REFUND POLICY DUE TO NON-SERVICE. THE LIMOUSINE REFERRAL SERVICES PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW. PRICE4LIMO WILL ONLY PROCESS OR PROVIDE REFUNDS IF PRICE4LIMO IS UNABLE TO SECURE A LIMOUSINE FOR YOU, OR THE LIMOUSINE COMPLETELY FAILS TO APPEAR WITHIN ONE HOUR OF THE RESERVATION TIME AND LOCATION DESIGNATED IN YOUR ORDER AND YOU DO NOT RECEIVE ANY LIMOUSINE SERVICES WHATSOEVER DUE TO EITHER OF THE ABOVE SCENARIOS THEN PRICE4LIMO WILL PROVIDE YOU WITH A REFUND OF ANY AND ALL DEPOSITS PAID BY YOU. IN NO EVENT SHALL PRICE4LIMO, OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE AND/OR THE LIMOUSINE SERVICES CONTRACTED FOR BY YOU. YOU ASSUME ANY COSTS THEREOF. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE DEPOSITS PAID TO PRICE4LIMO ARE MERELY BOOKING FEES AND NOT LIMOUSINE SERVICE FEES AND TO THE EXTENT PRICE4LIMO IS OBLIGATED TO REFUND ANY PORTION OF THE DEPOSITS MADE, SUCH REFUND IS LIMITED TO SUCH DEPOSITS/BOOKING FEES ACTUALLY COLLECTED BY PRICE4LIMO SUBJECT TO THE TERMS AND CONDITIONS SET FORTH HEREIN. ANY SUCH CREDIT MUST BE USED TOWARDS A BOOKING WITH PRICE4LIMO FOR A LIMOUSINE OF EQUAL OR GREATER PRICING THAN THE ORIGINAL BOOKING MEANING NO MONIES WILL BE RETURNRED TO YOU NOR ARE YOU ENTITLED TO CREDITS FOR MORE THAN ONE FUTURE BOOKING. THE ACCEPTANCE OF ANY SUCH CREDIT SHALL BE DEEMED A FULL AND FINAL SATISFACTION OF ALL CLAIMS MADE BY YOU AND/OR OBLIGATIONS TO REFUND ANY MONIES TO YOU IN FAVOR OF PRICE4LIMO.
9. PRICE4LIMO REFUND POLICY DUE TO INADEQUATE SERVICE. ANY REQUESTS OR DEMANDS FOR REFUNDS IN PART OR IN WHOLE AS A RESULT OF ALLEGED DEFICIENCIES IN THE QUALITY OF THE LIMOUSINE SERVICES RENDERED MUST BE MADE AND WILL ONLY BE PROCESSED BY THE LIMOUSINE AFFILIATE COMPANY PROVIDING THE ACTUAL LIMOUSINE SERVICE AND NOT PRICE4LIMO. NOTWITHSTANDING SAME, PRICE4LIMO RESERVES THE RIGHT TO OFFER AND/OR PROVIDE A CREDIT TOWARDS A FUTURE LIMOUSINE RESERVATION AND ORDER FOR ANY DEFICIENT LIMOUSINE SERVICES WHICH SHALL NOT CONSTITUTE AN ADMISSION OR ACKNOWLEDGMENT OF THE QUALITY OR APPROPRIATENESS OF THE SERVICES RENDERED BY THE AFFILIATE LIMOUSINE COMPANY. SUCH CREDIT, TO THE EXTENT OFFERED AND AGREED UPON IN WRITING BY PRICE4LIMO SHALL BE LIMITED TO THE AMOUNT OF DEPOSITS PAID BY YOU. ANY SUCH CREDIT MUST BE USED TOWARDS A BOOKING WITH PRICE4LIMO FOR A LIMOUSINE OF EQUAL OR GREATER PRICING THAN THE ORIGINAL BOOKING MEANING NO MONIES WILL BE RETURNRED TO YOU NOR ARE YOU ENTITLED TO CREDITS FOR MORE THAN ONE FUTURE BOOKING. THE BALANCE OF ANY SUCH CREDIT CLAIMED BY YOU FOR DEFICIENT SERVICES MUST BE SOUGHT FROM THE AFFILIATE LIMOUSINE COMPANY SCHEDULED TO PROVIDE THE SERVICES FOR YOU. THE ACCEPTANCE OF ANY SUCH CREDIT SHALL BE DEEMED A FULL AND FINAL SATISFACTION OF ALL CLAIMS MADE BY YOU AND/OR OBLIGATIONS TO REFUND ANY MONIES TO YOU IN FAVOR OF PRICE4LIMO. PRICE4LIMO MAKES NO WARRANTY THAT: (A) THE LIMOUSINE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE LIMOUSINE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE LIMOUSINE SERVICES WILL BE ADQUATE OR RELIABLE; (D) AS TO THE STATUS OF ANY OF PRICE4LIMO’S AFFILIATES OR ASSOCIATED LIMOUSINE COMPANIES’ LICENSES, PERMITS, DRIVING HISTORY, SAFETY PRECAUTIONARY PROCEDURES, QUALITY OF DRIVERS EMPLOYED OR ANY OTHER ASPECT OF PRICE4LIMO’S AFFILIATES OR ASSOCIATED LIMOUSINE COMPANIES (E) THE QUALITY OF ANY THE LIMOUSINE SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE SITE; (F) THE QUALITY AND/OR DRIVING RECORD OF THE DRIVER(S) UTILIZED BY THE COMPANY FURNISHING THE LIMOUSINE SERVICES OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS. PRICE4LIMO MAKES NO REPRESENTATIONS AND DISCLAIMS ANY AND ALL WARRANTIES RELATED TO THE DISTRIBUTION AND DIVISION OF MONIES PAID FOR BY YOU OR OTHER PERSONS/ENTITIES FOR LIMOUSINE SERVICES INCLUDING WITHOUT LIMITATION ANY REPRESENTATION OR WARRANTY THAT GRATUITY PAYMENTS AND/OR TIPS, AS MAY BE QUOTED, STATED OR PAID FOR SHALL ACTUALLY BE DISBURSED TO ANY DRIVER, PERSON, COMPANY, OR THIRD PARTY REGARDLESS OF ANY SUCH DESIGNATION OR STATEMENT TO SUCH EFFECT ANYWHERE WITHIN THE MATERIALS, WEBSITE, OR DOCUMENTATION AS INVOLVING PRICE4LIMO OR ANY OF PRICE4LIMO’S AFFILIATES OR ASSOCIATED LIMOUSINE COMPANIES.CONTRACTING FOR SUCH LIMOUSINE SERVICES IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. PRICE4LIMO SHALL HAVE NO RESPONSIBILITY FOR ANY LOSS, INJURY, DAMAGE, FINES, PENALTIES, COMPENSATION OR OTHER AMOUNTS THAT RESULT THE LIMOUSINE SERVICES CONTRACTED FOR BY YOU THROUGH THIS SITE. PICTURES, DEPICTIONS, OR PHOTOGRAPHS ON THE WEBSITE OR ANY OTHER ADVERTISEMENT OR OTHER SUCH MATERIALS OF ANY PARTICULAR VEHICLE, LIMOUSINE OR OTHERWISE, ARE NOT NECESSARILY REPRESENTATIVE OF THE TYPE, MAKE, MODEL, CAPACITY, UTILITY, COLOR, OR QUALITY OF ANY SUCH VEHICLES WHICH MAY BE PROVIDED OR UTILIZED BY PRICE4LIMO OR ANY OF PRICE4LIMO’S AFFILIATES OR ASSOCIATED LIMOUSINE COMPANIES. Further, you acknowledge and agree that all information provided to Price4Limo may be provided by Price4Limo to any such affiliate or other such limousine company associated with Price4Limo of whom it is intended will provide the limousine services to you. Such information includes, but is not limited to, your credit card number and other such information which by supplying to Price4Limo automatically authorizes any such affiliate and/or other limousine company to utilize for all charging and billing purposes.
10. Indemnification. You agree to defend, indemnify and hold harmless Price4Limo, our officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site and the Materials as well as the limousine services contracted by you through this Site.
11. Unsolicited Submissions. Except as may be required in connection with your use of Price4Limo Services, Price4Limo does not want you to submit confidential or proprietary information to us through this Site. All comments, feedback, information or material submitted to Price4Limo through or in association with this Site shall be considered non-confidential and Price4Limo's property.
12. Compliance with Intellectual Property Laws. When accessing Price4Limo you agree to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your Price4Limo user account.
14. Copyrights. All Site design, text, graphics, the selection and arrangement thereof, Copyright © 2000-2013, Price4Limo.com, Inc. ALL RIGHTS RESERVED.
15. Trademarks. Price4Limo and Price4Limo.com, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of Price4Limo. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
16. Inquiries. BY USING PRICE4LIMO'S SERVICES OR ACCESSING THE PRICE4LIMO SITE, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO PRICE4LIMO VIA THE PRICE4LIMO SITE CONSTITUTES AN INQUIRY TO PRICE4LIMO, AND THAT PRICE4LIMO AND/OR ANY OTHER LIMOUSINE SERVICE ASSOCIATED WITH PRICE4LIMO MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).
18. General Practices Regarding Use and Storage. You acknowledge that Price4Limo may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that data, schedules, calendars, or other uploaded content will be retained by Price4Limo, the maximum number of messages that may be sent from or received, the maximum size of any message that may be sent from or received by an account, the maximum disk space that will be allotted on Price4Limo's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. You agree that Price4Limo has no responsibility or liability for the deletion or failure to store any messages, other communications, or other content maintained or transmitted by the Price4Limo.
19. ARBITRATION. Except for money you owe Price4Limo, our affiliates, designated sources or approved suppliers and except for controversies, disputes or claims related to or based on your use of the Marks after the expiration or termination of this Agreement, all controversies, disputes or claims between Price4Limo and our shareholders, officers, directors, agents and employees and you (your owners, guarantors, affiliates and employees, if applicable) arising out of or related to:
19.1. This Agreement or any other agreement between you and Price4Limo or any provision of any such agreement; our relationship with you; the validity of this Agreement or any other agreement between you and Price4Limo or any provisions of any such agreement; will be submitted for arbitration to the office of the American Arbitration Association in Palm Beach County, Florida or such nearest location. Such arbitration proceedings will be conducted in such office, except as otherwise provided in this agreement, and will be heard by one arbitrator in accordance with the then current commercial arbitration rules of the American Arbitration Association. All matters relating to arbitration will be governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et. seq.) and not by any state arbitration law.
19.2 The arbitrator will have the right to award or include in his award any relief which he deems proper in the circumstances, including, without limitation, money damages (with interest on unpaid amounts from the date due), specific performance, injunctive relief and attorney’s fees and costs, provided that the arbitrator will not have the right to declare any Marks generic or otherwise invalid or, except as otherwise provided, to award exemplary or punitive damages. The award and decision of the arbitrator will be conclusive and binding upon all parties hereto, and judgment upon the award may be entered in any court of competent jurisdiction.
19.3 Price4Limo and you agree to be bound by the provisions of any limitation on the period of time in which claims must be brought under applicable law or this Agreement, whichever expires earlier. Price4Limo and you further agree that, in connection with any such arbitration proceeding, each must submit or file any claim which would constitute a compulsory counterclaim (as defined by Rule 13 of the Federal Rules of Procedure) within the same proceeding as the claim to which it relates. Any such claim which is not submitted or filed as described above will be forever barred.
19.4 CLASS ACTION WAIVER: Arbitration shall proceed solely on an individual basis without the right for any Claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to Claims between you and Price4Limo alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these Terms and Conditions (including the “Continuation” provision below), and without waiving either party's right of appeal, if any portion of this “Class Action Waiver and Other Restrictions” provision is deemed invalid or unenforceable, then the entire Arbitration Provision (other than this sentence) shall not apply. Price4Limo and you agree that an arbitration proceeding between Price4Limo and our shareholders, officers, directors, agents and employees and you (and/or your owners, guarantors, affiliates and employees, if applicable) may not be consolidated with any other arbitration proceeding between Price4Limo and any other person, corporation or partnership.
19.5 Notwithstanding anything to the contrary contained in this Article, Price4Limo and you each have the right in a proper case to obtain temporary restraining orders and temporary or preliminary injunctive relief from a court of competent jurisdiction; provided, however, that Price4Limo and you must contemporaneously submit our dispute for arbitration on the merits as provided herein.
19.6 The provisions of this Article are intended to benefit and bind certain of your third party non-signatories and will continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
20. GOVERNING LAW. All matters relating to arbitration will be governed by the FEDERAL ARBITRATION ACT (9 U.S.C. 1 et. seq.). Except to the extent governed by the Federal Arbitration Act as required hereby, the UNITED STATES TRADEMARK ACT OF 1946 (LANHAM ACT, 15 U.S.C. 1051 et. seq.) or other federal law, this Agreement, and all claims arising from the relationship between Price4Limo and you will be governed by the laws of the State of Florida, without regard to its conflict of laws principles, except that any law regulating the sale of franchises or governing the relationship of a franchisor and its franchisee will not apply unless jurisdictional requirements are met independently without reference to this Article.
21. CONSENT TO JURISDICTION. Subject to Article 25.12. hereof, you and your owners agree that Price4Limo may institute any action against you or your owners in any state or federal court of general jurisdiction in Palm Beach County, Florida, and you (and each owner) irrevocably submit to the jurisdiction of such courts and waive any objection you (or her or she) may have to either the jurisdiction of or venue in such courts for the purpose of confirming any such arbitration award and/or enforcement thereof.