Effective: February 22, 2019
1. Contractual Relationship
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH IPC ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
IPC may amend the Terms from time to time. Amendments will be effective
upon IPC's posting of such updated Terms at this location or in the amended
policies or supplemental terms on the applicable Service(s). If the changes
include material changes that affect your rights or obligations, we will
notify you in advance of the changes by reasonable means, which could
include notification through the Service or via email. Your continued
access or use of the Services after such changes confirms your consent to
be bound by the Terms, as amended.
2. Arbitration Agreement
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against IPC on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against IPC, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against IPC by someone else.
Agreement to Binding Arbitration Between You and IPC
You and IPC agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and IPC, and not in a court of law.
You acknowledge and agree that you and IPC 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. Unless both you and IPC otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and IPC each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
Rules and Process
Any such disputes, controversies or differences that are not settled by mutual agreement shall be finally and exclusively settled by binding confidential arbitration in accordance with the then-current Streamlined Arbitration Rules and Procedures of JAMS (the "JAMS Rules"), in effect as of the date of submission of the arbitration demand to JAMS ("JAMS") as modified or amended by the terms and conditions contained in this Section 2. All proceedings hereunder shall be administered by JAMS and conducted in Chicago, Illinois. Illinois substantive and procedural law will apply at the arbitration, except as set forth herein. All arbitration proceedings hereunder will be subject to the following.
The parties agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
The number of arbitrators will be one. The appointment of the arbitrator will be governed by the JAMS Rules; provided, that the arbitrator selected must (i) have such knowledge and practical experience in business and commercial matters concerning the subject matter of this Agreement that he is capable of evaluating on a practical as well as theoretical level the issues involved in the proceedings, and (ii) agree to serve for a per day fee not greater than the median per diem arbitrator rate charged by the JAMS office in Chicago, Illinois, unless otherwise agreed to by the parties. In the event that the parties cannot agree on a choice of arbitrator by the close of business on the 30th day following the due date of the original response, JAMS shall select the arbitrator; and JAMS shall do so exercising its sole and exclusive discretion, limited only by the requirements contained in this Section 2.
Discovery shall be conducted on an expedited basis and in accordance with the Federal Rules of Civil Procedure in effect as of the date of submission of the arbitration demand to JAMS. Each party's discovery shall be further limited to.
- No more than 20 interrogatories, including discrete subparts, by any one party;
- No more than 50 requests for production, including discrete subparts, by any one party;
- No more than three depositions by any one party;
- No more than ten documents subpoenas by any one party; and
- No more than three witnesses, including expert witnesses, may be called by any one party;
Subject to the limitations set forth above, any person being deposed will be entitled to be represented by counsel. Any such deposition will be conducted in the locality where the person being deposed ordinarily carries out his or her duties.
Fees and Awards
Fees and expenses of the arbitrator and of the appointing and administering authority will be borne equally by the parties. The expenses of witnesses called by a party will be borne by such party; the expenses of any witnesses called by the arbitrator will be borne equally by the parties. All other costs of the arbitration proceedings (including, without limitation, costs associated with production of documents and the cost of any stenographic record) will be borne equally by the parties. Notwithstanding the foregoing, the prevailing party in any arbitration in connection with this Agreement shall be entitled to recover from the non-prevailing party all costs and expenses, including, without limitation, reasonable attorneys' and paralegals' fees and costs incurred by such party in connection with any such arbitration.
Judgment upon the award rendered may be entered in any court having jurisdiction or application may be made to such court for judicial acceptance of the award and an order of enforcement as the case may be.
Severability and Survival
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
3. The Services
IPC provides a technology platform that may be accessed by authorized users via mobile applications (the "Applications"), certain text-based messaging protocols ("Text Services"), and IPC-authorized web interfaces or websites ("Websites" and, together with Applications and Text Services, "Software"), and enables certain persons ("Riders") in certain locations in the United States to, among other things, locate, hail, book and hire taxicabs and/or other for-hire vehicles (any such taxi or other for-hire vehicle, a "Taxi"), pay for a Taxi ride, and track certain Taxi rides and related expenses through a supported computing device, and enables certain other persons ("Drivers") associated with certain Taxi owner or operators in certain locations in the United States to connect with Riders, calculate the fee owned by Riders for completed Taxi rides, and facilitate payment of fares by Riders for Taxi rides and the Drivers' provision of chauffeur for-hire services. Using certain Software, you can store your payment information, set your tip preferences, and view all of your past trips and receipts. Riders and Drivers are collectively referred to herein as "Users."
IPC is not an issuer, financial institution or money transmission business. Further, IPC is not a provider of transportation services and does not own or operate any Taxis and does not have any control over any cab company, Taxi owners, managers, Drivers and/or operators. IPC, through the Service, only provides a platform to (1) obtain certain third-party Taxi transportation services and (2) facilitate payment of fares for certain third party Taxi transportation services. While IPC verifies the status of each Driver, IPC does not screen or otherwise perform background checks on Drivers. Such background screening of Drivers is the sole responsibility and obligation of such Driver's Taxi company or other operator. IPC SPECIFICALLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE FITNESS OF ANY DRIVER OR TAXI TO PROVIDE CHAUFFEUR SERVICES, INCLUDING ANY REPRESENTATIONS AND WARRANTIES AS TO WHETHER DRIVER HAS PASSED ANY BACKGROUND CHECK OR OTHER SCREENING OR IS OTHERWISE LICENSED AND ABLE TO PROVIDE CHAUFFEUR SERVICES.
Subject to your compliance with these Terms, IPC grants you a limited, non-exclusive, personal, non-sublicensable, revocable, non-transferable license to: (i) download, access and use the Software on your personal mobile device solely in connection with your personal and non-commercial use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal use. Any rights not expressly granted herein are reserved by IPC and IPC's licensors. The Software and any third-party content displayed therein may vary by device and medium, and functionalities may also vary by device and medium.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by IPC; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks; (vii) take any action that will infringe upon or misappropriate the intellectual property or other proprietary rights of IPC or any of IPC's third party software providers; and/or (viii) sublicense or assign the Software. You must comply with the implementation and use requirements contained in all documentation associated with the Software, and you will be liable for all resulting damages suffered by you, IPC and third parties if you fail to comply.
You may not use or otherwise export or re-export the Software except as authorized by United States law and any other applicable laws. In particular, but without limitation, the Software may not be exported or re-exported (i) into (or to a national or resident of) any U.S. embargoed countries or (ii) to anyone on the U.S. Treasury Departments list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Software, you represent and warrant that you are not a citizen of or located in any such country or on any such list.
Provision of Services
You acknowledge that portions of the Services may be made available under IPC's various brands or request options associated with transportation or logistics, including the transportation request brands currently referred to as "IPC", "Infinite Peripherals (ezMetr)", "Infinite Peripherals (ezRidr)", or "Infinite Peripherals (ezMetr IQ)." You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of IPC's subsidiaries and affiliates; or (ii) independent Third-Party Providers, including Taxi Drivers, Taxi garages, city agencies and/or other regulators.
IPC may, from time to time in its sole discretion, release new versions, upgrades, enhancements or modifications of any Application. Any such updates will be electronically delivered to your mobile device, and you agree that these Terms shall apply to all such updates. If you fail to install any such new versions, upgrades, enhancements or modifications, the Service may not function as intended.
Third-Party Services and Content
You consent to IPC's placement and display of advertisements, offers and promotions on your mobile device, your Account, the Website and the Application. These advertisements, offers and promotions may be personalized and targeted based on, among other things, your usage of the Service.
You agree that IPC is not responsible for the content of these advertisements, offers and promotions ("Advertising Content"), and any activity (including the purchase of goods and/or services), as well as the accompanying terms and conditions, arising therefrom is strictly between you and the applicable third-party. IPC does not sponsor or endorse, and shall not be responsible for: (a) any Advertising Content; (b) any goods or services featured in any Advertising Content; or (c) any sites linked from such Advertising Content. IPC expressly disclaims any and all liability for errors or omissions in any Advertising Content. You acknowledge that additional terms and conditions may apply to your use or acceptance of these advertisements, offers and promotions.
IPC does not warrant that the Software and/or Advertising Content will be compatible with third party software or hardware, nor does IPC warrant that operation of the Service and associated Software will not damage or disrupt third party software or hardware. Your mobile device is manufactured and sold by entities other than IPC and its affiliates, and IPC does not take responsibility or otherwise warrant the performance of your mobile device, including the continuing compatibility of your mobile device with the Service. By using the Service, you agree to look solely to the entity that manufactured and/or sold your mobile device for any issues related to your mobile device and its compatibility with the Service.
There are software programs contained within the Software that have been licensed to IPC by third parties. The references to Software as used herein shall include such third party software except where the term Software refers expressly to the ownership or other specific rights of IPC. The same terms and conditions, including all limitations and restrictions, set forth in these Terms of Service apply to each third party software program contained in the Software.
The Services and all rights therein are and shall remain IPC's property or the property of IPC's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner IPC's company names, logos, product and service names, trademarks or services marks or those of IPC's licensors.
4. Access and Use of the Services
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age to obtain an Account. Account registration requires you to submit to IPC certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by IPC. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by IPC in writing, you may only possess one Account.
User Requirements and Conduct
Your use of the Service is for your sole, personal use. The Service is limited to facilitating hailing, booking and hiring of, and payments for, Taxi rides in certain locations in the United States, and may not be used to send cash advances, cash equivalents, or otherwise transfer money between you and a third party. The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Taxi companies unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Taxi, Driver, or any other party. In certain instances, you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.
Text Messaging and Telephone Calls
You agree that IPC may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with an IPC account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving text messages from IPC at any time, either by texting the word "STOP" to text-to-stop number using the mobile device that is receiving the messages, or by contacting firstname.lastname@example.org. If you do not choose to opt out, IPC may contact you as outlined in its User Privacy Statement, located at: https://www.ezmetr.com/privacy. All communications from IPC as detailed herein will be considered received by you within 24 hours of the time such communication is posted to the Application or Website or emailed to you. You also agree that your electronic signature on any agreements or documents in connection with the Service has the same effect as a physical signature.
IPC may, in IPC's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to IPC through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to IPC, you grant IPC a worldwide, perpetual, irrevocable, transferable, fully paid up, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and IPC's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant IPC the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor IPC's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by IPC in its sole discretion, whether or not such material may be protected by law. IPC may, but shall not be obligated to, review, monitor, or remove User Content, at IPC's sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services may result in charges to you for the services or goods you receive ("Charges"). IPC will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, tolls, and/or surcharges including a booking fee, municipal tolls, airport surcharges or processing fees for split payments.
You agree to pay all Charges at the price displayed to you for the Services, as well as any sales or similar taxes that may be imposed on your payments, and you authorize IPC to charge your chosen payment method. In-app Charges and payments will be enabled by IPC using the preferred payment method designated in your Account, after which you will receive a receipt by email, print, and or text message. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that IPC may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by IPC.
As between you and IPC, IPC reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in IPC's sole discretion. IPC will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. IPC may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.
You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee on a third-party's behalf. After you have received services obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback. IPC may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any third parties.
6. Disclaimers, Limitation of Liability, and Indemnity
THE SERVICE, INCLUDING ALL SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND NONE OF THE IPC INDEMNITEES (AS DEFINED BELOW) MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE AND ANY SOFTWARE ASSOCIATED THEREWITH. IPC DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICE (INCLUDING USE OF ANY ANY SOFTWARE ASSOCIATED THEREWITH) OR FUNCTIONALITIES WILL BE UNINTERRUPTED OR ERROR-FREE AND YOU AGREE THAT IPC MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE SERVICE, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. IPC SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF MOBILE DEVICES, THIRD PARTY WEBSITES, LINKS OR CONTENT (INCLUDING, WITHOUT LIMITATION, ADVERTISING CONTENT), THE INTERNET, ANY TRANSPORTATION SERVICES USED BY YOU (INCLUDING THE TAXIS) AND IPC SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH THE SERVICE). TO THE EXTENT ALLOWABLE BY LAW, IPC AND ITS LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, IPC DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SERVICE IS ACCURATE, COMPLETE OR CURRENT. IPC DOES NOT REPRESENT OR GUARANTEE THAT YOUR USE OF THE SERVICE WILL BE FREE FROM INTERRUPTION, LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSION AND IPC DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT THERETO. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY IPC OR ITS AUTHORIZED REPRESENTATIVE(S) SHALL CREATE A WARRANTY OR OTHERWISE CONSTITUTE A REPRESENTATION BINDING UPON IPC OR ITS AFFILIATED PARTIES.
LIMITATION OF LIABILITY
IN NO EVENT SHALL IPC, ITS AFFILIATES OR ANY OF IPC'S OR ITS AFFILIATES' SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AGENTS, REPRESENTATIVES OR ANY OF THE SUCCESSORS OR ASSIGNS OF ANY OF THE FOREGOING (COLLECTIVELY, THE "IPC INDEMNITEES") BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PARTY FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICE, INCLUDING ALL SOFTWARE ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE SERVICE, IPC SOFTWARE OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE SERVICE. IN NO EVENT SHALL IPC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE SERVICE, INCLUDING ALL SOFTWARE ASSOCIATED THEREWITH (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF CHARGES ACTUALLY RECEIVED BY IPC FROM YOU IN CONNECTION WITH YOUR USE OF THE SERVICE DURING THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT, ACT OR OMISSION UNDERLYING SUCH PURPORTED LIABILITY.
YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST PRODUCTS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT IPC HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NO ACTION, REGARDLESS OF FORM, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR YOUR USE OF THE SERVICE MAY BE BROUGHT BY YOU AGAINST IPC OR ANY IPC INDEMNITEE MORE THAN ONE (1) YEAR AFTER THE FIRST DAY THAT THE EVENT, ACT OR OMISSION GIVING RISE TO THE CAUSE OF ACTION OCCURRED. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, IPC'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON IPC'S CHOICE OF LAW PROVISION SET FORTH BELOW.
You agree to indemnify and hold IPC Indemnities harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees) ("Losses"), arising out of or in connection with: (i) your use of the Services ; (ii) your breach or violation of any of these Terms; (iii) IPC's use of your User Content; or (iv) your violation of the rights of any third party, including any Taxi companies, Drivers, or other third-party providers.
Any disputes or complaints regarding any transportation services must be directed to the relevant Taxi company, and/or Driver providing such services ("Transportation Dispute"). IPC will not be a party to any complaints, negotiations, litigation or other disputes between you and such third party Tax company and/or Drivers regarding any Transportation Dispute. You agree to release the IPC Indemnitees from and against any and all Losses arising out of a Transportation Dispute. Further, you agree that you will not involve any IPC Indemnitee in any litigation or other dispute arising out of or related to any services, arrangement or other agreement with a Taxi company or Driver or other third party in connection with the Service, including, without limitation, any Transportation Dispute. If, in breach of this provision, you attempt to do so, you will be liable for all Losses incurred by the IPC Indemnitees in connection therewith.
7. Other Provisions
Choice of Law
These Terms are governed by and construed in accordance with the laws of the State of Illinois without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above or in supplemental terms applicable to your region. However, the choice of law provision regarding the interpretation of these Terms is not intended to create any other substantive right to non-residents of Illinois to assert claims under Illinois law, whether that be by statute, common law, or otherwise.
These provisions, and except as otherwise provided in Section 2 of these Terms, are only intended to specify the use of Illinois law to interpret these Terms and the forum for disputes asserting a breach of these Terms, and these provisions shall not be interpreted as generally extending Illinois law to you if you do not otherwise reside in Illinois.
Claims of Copyright Infringement
Claims of copyright infringement should be sent to IPC's designated agent. Please visit IPC's web page at https://www.ezmetr.com/ipp for the designated address and additional information.
You may not assign these Terms without IPC's prior written approval. IPC may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of IPC's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, IPC or any Third-Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. IPC's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by IPC in writing.
Downloading an Application from the Apple iTunes Application Store
If you have downloaded an Application from the Apple iTunes Application Store, the following additional terms apply to such Application (an "App Store Sourced Application"):
You acknowledge that: (i) these Terms are concluded between you and IPC only, and not Apple; and (ii) as between IPC and Apple, IPC is solely responsible for the App Store Sourced Application and content therein. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application, and, as between IPC and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be IPC's sole responsibility.
You and IPC acknowledge that, as between IPC and Apple, Apple is not responsible for addressing any claims by you or any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and IPC acknowledge that, in the event of any third party claim, that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party's intellectual property rights, as between IPC and Apple, IPC, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Service.
You and IPC each acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of these Terms of Service as related to your license of the App Store Sourced Application and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
Without limiting any other terms of these Terms of Service, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.