By using the EVNOW Inc. Web sites (the “Sites”) or other EVNOW Inc. services (the “Services”), you agree to be bound by the following terms and conditions (the “Terms of Service”).
Neither the owners of rideshareevnow.com (‘EVNOW Inc.’) nor any providers of information make any warranties, express or implied, as to results to be obtained from use of such information, and make no express or implied warranties of merchantability or fitness for a particular purpose or use. Neither EVNOW Inc. nor any of providers of information shall have any liability for the accuracy of the information contained in the service, or the contents of any advertisements, or for assertions or omissions therein. No party shall be liable to any other party or any third-party for third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. EVNOW Inc. reserves the right to remove any listings or any advertisements for any reason. In no case shall EVNOW Inc. be liable for any costs or events that occur beyond its control including, but not limited to, network outages, Internet connectivity problems and client side browser issues.
You agree that you will not upload or transmit any Content to EVNOW Inc. Web site(s) that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party. By submitting Content to EVNOW Inc. you automatically grant — or warrant that the owner of such Content has expressly granted — EVNOW Inc. the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such Content. EVNOW Inc. responds to notices of alleged infringement that comply with the Digital Millennium Copyright Act. All trademarks are hereby acknowledged as the property of their respective owners.
CONTENT LINKED TO BY EVNOW Inc.
The web sites displayed as search results or linked to are developed by third parties and though we screen all web sites before including them in the index, a search using the EVNOW Inc. search may produce search results and links to web sites that some people may find objectionable, inappropriate or offensive. We cannot guarantee that a search will not locate unintended or objectionable content and assume no responsibility for the content of any web site included in any search results. The EVNOW Inc. Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because EVNOW Inc. has no control over such sites and resources, you acknowledge and agree that EVNOW Inc. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that EVNOW Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the EVNOW Inc. Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that EVNOW Inc. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the EVNOW Inc. Services. You agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Content. EVNOW Inc. shall not be responsible for any Content. EVNOW Inc. does not prescreen or monitor all Content as a matter of policy, but EVNOW Inc. shall have the right, but not the responsibility, to remove Content which is deemed in sole discretion harmful, offensive, or otherwise in violation of this Agreement or any rules EVNOW Inc. has in place at the time. EVNOW Inc. may elect at its sole discretion to monitor some, all, or no areas of EVNOW Inc. Web site(s) for adherence to this Agreement or rules.
FOR PERSONAL USE ONLY
The content is made available for personal, non-commercial use only. You may not use the EVNOW Inc. content to sell a product or service, or to increase traffic to your web site for commercial reasons. You may not take the results from a EVNOW Inc. search, reformat and display them, or mirror the EVNOW Inc. home page or results pages on your web site. You may also not use the EVNOW Inc. search results for a meta-search without prior written permission. You may not attempt to override or circumvent any of the usage rules embedded into the EVNOW Inc. Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided by the EVNOW Inc. Services, in whole or in part, is strictly prohibited.
You may only use our Sites to make legitimate reservations, purchases or requests to purchase the products or services offered (each, a “Request”) and shall not use our Sites to make any speculative, false or fraudulent Requests or any Requests in anticipation of demand. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of our Sites. You agree to provide correct and true information in connection with your use of our Sites and you agree to promptly update your membership information (if applicable) in order to keep it current, complete and accurate. It is a violation of law to place a Request in a false name or with an invalid method of payment. Please be aware that even if you do not give us your real name, your web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.
EVNOW Inc. reserves the right to cancel any rental car reservation or any other transaction that it reasonably believes to have been fraudulently made, including without limitation, by unauthorized use of a credit or debit card.
You acknowledge and agree that the EVNOW Inc. Services and any necessary scripts used in connection with the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by EVNOW Inc. or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, in whole or in part.
DISCLAIMER OF WARRANTIES
EVNOW Inc. disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the EVNOW Inc. search results. EVNOW Inc. disclaims any responsibility for the deletion, failure to store, misdelivery or untimely delivery of any information or material. EVNOW Inc. disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the EVNOW Inc. services.
THE SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE EVNOW INC. SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. EVNOW INC. AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. EVNOW INC. AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE EVNOW INC. SERVICES. EVNOW INC. AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE EVNOW INC. SERVICES. EVNOW INC. AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE EVNOW INC. SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE EVNOW INC. SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE EVNOW INC. SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE EVNOW INC. SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL EVNOW INC. OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE EVNOW INC. SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF EVNOW INC. OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE EVNOW INC. SERVICES, FROM INABILITY TO USE THE EVNOW INC. SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE EVNOW INC. SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE EVNOW INC. SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE EVNOW INC. SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE EVNOW INC. SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE EVNOW INC. SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE EVNOW INC. SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE EVNOW INC. SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS ARE EXPLICITLY ACCEPTED BY YOU.
Without limiting the foregoing, under no circumstances shall EVNOW Inc. or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light or air conditioning.
You agree to defend and indemnify EVNOW Inc., their affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought (i) by you or on behalf of you in excess of the liability described above, within the limits permitted by applicable law; or (ii) by third parties as a result of:
- your breach of this Agreement
- your violation of any law or the rights of a third party; or
- your use of this Site in violation of the terms and conditions set forth herein.
EVNOW Inc. endeavors to publish and maintain accurate prices and information for the services we offer. Our Providers provide us with the price and other information related to these services. In the event, however, that a service is listed or provided to us at an incorrect price or with incorrect information due to typographical error or other error in pricing or service information received from our Providers, we retain the right to refuse or cancel any Requests placed for such service. We shall have the right to refuse or cancel any such Requests whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your Request is canceled because of incorrect Provider information, we will promptly issue a credit to your credit card account in the amount of the charge.
CHANGES IN TERMS AND CONDITIONS
We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. You agree that EVNOW Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the EVNOW Inc. Services. We reserve the right to modify these terms of service without any notice.
These terms of service will be governed by and construed in accordance with the laws of the State of Delaware, USA, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the terms of service to be unenforceable, the remainder of the terms of service will continue in full force and effect. The parties specifically exclude from application to the Agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. These terms of service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the terms of service will be effective only if in writing and signed by EVNOW Inc..
We reserve the right to refuse any order or payment for any reason.
If you have any questions please email us at [email protected]