Terms and Conditions of Use

1-800-TAXICAB, INC Text Messaging Terms and Conditions

Welcome to 1-800-TAXICAB, INC Text Services (“Service Provider”)! Before you use this site, please read these Terms of Service carefully as they govern your use of the text messaging related services provided at Service Provider (the "Services"). By using the Services you agree to the Terms of Service set forth below as they may be updated from time to time by Service Provider. Service Provider may modify or terminate the Services from time to time, for any reason, and without notice, without liability to you, any other user or any third party, provided that when Service Provider does so, it will update these Terms of Service. You are advised to periodically check the website for changes in the Terms of Service.
Supported Carriers: AT&T, T-Mobile, Verizon, Sprint, Cellular one, US Cellular, Alltel.

1. Purpose and Description of Services

Service Provider provides clients with a means of communicating with mobile phones and Internet users. To use our Services, you select a unique keyword. The use of such keyword in the Service Provider service does not grant you ownership of such keyword. Service Provider retains ownership of all keywords in its service and provides it to you for the period of time agreed upon, and paid for when joining service. Service Provider may determine, in its sole discretion, to limit the use of the Services, add data storage limitations, change fees for the Services or otherwise modify the Services in the future. You acknowledge and agree that these changes may take place and that Service Provider shall have no liability stemming from such changes.

Any additions or modifications to the Services shall be in the sole discretion of Service Provider and will be subject to these Terms of Service. You are solely responsible for any fees, charges and expenses incurred by you in accessing and using the Services - including, but not limited to, standard text messaging charges that will depend on the plan that you have with your wireless carrier. Service Provider uses reasonable efforts to ensure that the Services are available on a 24/7 basis. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of Service Provider. By using the Services you agree that Service Provider shall not be liable to you for any modification, suspension or discontinuance of the Services.

All materials displayed on our website or websites (“Site”) including, but not limited to text, graphics, news articles, charts, presentations, User communications photographs, images and illustrations, shall be referred to herein as "Content." Service Provider attempts to maintain a website that is absent of offensive, indecent or objectionable Content. You understand that by using Service Provider, you may be exposed to this Content. Under no circumstances will Service Provider be liable in any way for any Content, including, but not limited to, the subject matter of any Content, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via Service Provider.

By sending a text message to a keyword on short code 82947, you expressly agree to receive promotional communications by SMS, and may stop receiving them by sending a text message with the word STOP, END, or QUIT to the short code 82947.

2. Restrictions on the use of the Services

By using the Services you agree that you will not:

(a) Use the Services for any illegal purpose; (b) Upload, email or otherwise transmit any User Content that is unlawful, obscene, harmful, threatening, defamatory or hateful or that contains objects or symbols of hate, invade the privacy of any third party, contain nudity or child erotica, or is otherwise objectionable. (c) Upload, email or otherwise transmit any User Content that you do not have the lawful right to transmit (including any User Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content) or any User Content that infringes the intellectual or proprietary rights of any third party; or (d) Interfere with or disrupt (or attempt to interfere with or disrupt) web pages available at the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.

Service Provider reserves the right at all times to terminate your account, and delete any and all Content at, in whole or in part, for any reason including, but not limited to, violations of these Terms of Service. If you do violate these Terms of Service, Service Provider reserves the right to share any information with any third party. In addition, Service Provider reserves the right at all times to disclose any User Content as necessary to satisfy any law, regulation, governmental request or partner request, in its sole discretion.

3. Age Requirements and Limitations on Use of Services

Users of the Services must be at least 18 years of age.
Children under the age of 18 are not permitted to use the Service and no information of children under the age of 18 will be knowingly collected by Service Provider. If Service Provider determines that it has collected personal information of children under the age of 18, Service Provider will immediately delete such information.

4. Trademarks and Copyrights

All trademarks, brands and service marks used in conjunction with the Services by Service Provider shall be the property of Service Provider. Service Provider shall be the owner of all copyright and database rights in the Services. You may not publish, distribute, extract or reproduce any such content in any material form, except as it relates to the personal use of the Services. This license does not apply to any third party content stored at Service Provider. Permission for use of such content must be obtained from the copyright owner. Service Provider claims no ownership interest in the User Content.
User Content means any Content created or contributed to the Site by any user of the Services. You acknowledge and agree that if you contribute any User Content, including any widgets, you grant to Service Provider a perpetual, non exclusive worldwide, royalty-free, transferable right and license to use in any way such User Content (including all related intellectual property rights) to provide the Services.

5. Copyright Infringement

Service Provider respects the intellectual property rights of others. However, you agree that Service Provider is not responsible for any violations of any intellectual property rights in any User Content. If you believe that your intellectual property rights have been infringed by another party please contact Service Provider via the email address: info@1800taxicab.com

6. Payment, Refund, Cancellation, and Termination

A valid credit card is required for paying accounts. The current rate for the Service is $49.95 per month per keyword. There is a $0.10 charge per text message after the first 100 text messages during the monthly billing period (there is no charge for the first 100 text messages during the monthly billing period). You will be billed monthly starting on the day after your account was initially created. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
You are solely responsible for properly canceling your account. An email or phone request to cancel your account is considered sufficient, as long as it has been acknowledged by Service Provider. If you have a multi-month contract in place, you will be responsible for submitting payment throughout the remainder of your contract term.

All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. Service Provider, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Service Provider service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all contents in your Account. Service Provider reserves the right to refuse service to anyone for any reason at any time.

7. Disclaimer of Warranty and Limitations of Liability

Service Provider expressly disclaims any responsibility or liability for the use of the Services by you.
THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

UNDER NO CIRCUMSTANCES SHALL SERVICE PROVIDER BE LIABLE TO YOU OR ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE SITE OR SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF SERVICE PROVIDER HAS 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 SITE OR SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NOTWITHSTANDING ANYTHING TO THE CONTRARY, SERVICE PROVIDER’S MAXIMUM LIABILITY TO YOU FOR ANY REASON SHALL BE NO MORE THAN THE AMOUNT YOU HAVE PAID IN THE PRECEDING THREE MONTHS.

8. Indemnification

You agree to defend, indemnify, and hold harmless Service Provider and its subsidiaries and other affiliated companies, and their employees, officers, directors, contractors, agents, licensors and suppliers, from all liabilities, losses, damages, claims, costs and expenses, including reasonable attorney's fees, that arise from (i) use or misuse of the Services or any person to whom you have granted access to the Services, (ii) your violation of any of these Terms of Service, or (iii) any other activity related to your account (including negligent or wrongful conduct). Service Provider reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you, in which event you will cooperate with Service Provider and its counsel in the conduct of such defense.

9. Forum and Choice of Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Service or your use of the Service shall be filed only in the federal courts located in the State of California, or state courts located in the county of San Diego and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

10. Entire Agreement

These Terms of Service constitute the entire agreement between the you, the user, and Service Provider with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between Service Provider and you with respect to the subject matter hereof. If a court should find that one or more rights or provisions contained in these Terms of Service are invalid, you agree that the remainder of the Terms of Service shall be enforceable.