Hire Limos and Luxuries

U.S. Terms of Use

By accessing or using the Services or our website, you confirm your agreement to be bound by both these Terms and the terms of our Privacy Policy (www.darkcarz.com/termsofuse). If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Dark Carz may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

The Dark Carz application enables persons who seek transportation to certain destinations (“Riders”) to be matched with transportation options from Third Party Transportation Providers (“Transportation Providers”) to such destinations. Riders and Transportation Providers are collectively referred to herein as “Users,” and the driving services provided by Transportation Providers to Riders shall be referred to herein as "Limousine Services." As a Rider, you authorise Dark Carz to match you with a Transportation Provider based on factors such as your location, the estimated time to pickup, your destination, user preferences, and platform efficiency, and to cancel an existing match and rematch based on the same considerations. Any decision by a Rider to accept Transportation from a Transportation Provider is a decision made in such Rider’s sole discretion. Each Limousine Service provided by a Transportation Provider to a Rider shall constitute a separate agreement between Rider and Transportation Provider.

BE ADVISED THAT DARK CARZ DOES NOT CONDUCT ANY CRIMINAL BACKGROUND CHECKS ON ANY DRIVERS EMPLOYED OR CONTRACTED BY ANY TRANSPORTATION PROVIDERS THAT USE THE SERVICES AND YOU AGREE THAT DARK CARZ IS NOT RESPONSIBLE OR LIABLE FOR THE CONDUCT OR ACTIONS OF ANY TRANSPORTATION PROVIDERS OR ANY OF THEIR DRIVERS THAT YOU MAY COME IN CONTACT WITH IN USING THE SERVICES OR LIMOUSINE SERVICES.

Dark Carz may amend the Terms from time to time. Amendments will be effective upon Dark Carz' posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. If Dark Carz changes these Terms after the date you first agreed to the Terms (or to any subsequent changes to these Terms), you may reject any such change by providing Dark Carz written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided either (a) by mail or hand delivery to Dark Carz LLC 1521 West Concord Pike Wilmington DE 19803, or (b) by email from the email address associated with your Account to: support@darkcarz.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to these Terms. By rejecting changes, you are agreeing that you will continue to be bound by the provisions of these Terms as of the date you first agreed to the Terms (or to any subsequent changes to these Terms).

Dark Carz’ collection and use of personal information in connection with the Services is described in Dark Carz' Privacy Policy.

2. Term and Termination

This Agreement is effective upon your creation of a User account. This Agreement may be terminated: a) by User, without cause, upon seven (7) days’ prior written notice to Dark Carz; or b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement, including but not limited to any breach of Section 4, (i) through (xx), Section 8 and Section 9 of this Agreement. In addition, Dark Carz may terminate this Agreement or deactivate your User account immediately in the event: (1) you no longer qualify to offer Limousine Services to Riders or to operate the approved vehicle under applicable law, rule, permit, ordinance or regulation; (2) Dark Carz has the good faith belief that such action is necessary to protect the safety of the Dark Carz community or third parties, provided that in the event of a deactivation you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to Dark Carz’ reasonable satisfaction prior to Dark Carz permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to Dark Carz’s satisfaction, this Agreement will not be permanently terminated. Sections 2, 3, 8, 10, 11, 12, 13, 16, 17(c) and (d) shall survive any termination or expiration of this Agreement.

3. Arbitration Agreement

By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Dark Carz 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 Dark Carz, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Dark Carz by someone else.

Agreement to Binding Arbitration Between You and Dark Carz.

You and Dark Carz 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 Dark Carz, and not in a court of law. Notwithstanding the foregoing, where you allege claims of sexual assault or sexual harassment occurring in connection with your use of the Services, you may elect to bring those claims in a court of competent jurisdiction instead of arbitration. Dark Carz agrees to honor your election of forum with respect to your individual sexual assault or sexual harassment claim but in so doing does not waive the enforceability of this Arbitration Agreement as to any other provision (including, but not limited to, the waivers provided in the following paragraph, which will continue to apply in court and arbitration), controversy, claim or dispute.

You acknowledge and agree that you and Dark Carz 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 Dark Carz 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 Dark Carz 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 Governing Law.

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.

The parties agree that the arbitrator ("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.

Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Delaware.

Process.

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.

Location and Procedure.

Unless you and Dark Carz otherwise agree, the arbitration will be conducted in Orange County, California. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Dark Carz submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator's Decision.

The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect.

Fees.

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.

Changes.

Notwithstanding the provisions in Section I above, regarding consent to be bound by amendments to these Terms, if Dark Carz changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing Dark Carz written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c/o Dark Carz LLC 910 Foulk Rd Suite 201 Wilmington DE 19803, or (b) by email from the email address associated with your Account to: support@darkcarz.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Dark Carz in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).

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.

4. The Services

The Services comprise mobile applications and related services (each, an "Application"), which enable Riders to arrange and schedule transportation from Transportation Providers. Unless otherwise agreed by Dark Carz in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN TRANSPORTATION THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH DARK CARZ AS A PROVIDER OF TRANSPORTATION, LOGISTICS OR DELIVERY SERVICES OR AS A TRANSPORTATION CARRIER.

License.

Subject to your compliance with these Terms, Dark Carz grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your 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, noncommercial use. Any rights not expressly granted herein are reserved by Dark Carz and Dark Carz licensors.

Restrictions.

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 Dark Carz; (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 unauthorised access to or impair any aspect of the Services or its related systems or networks.impersonate any person or entity; (vii) stalk, threaten, or otherwise harass any person, or carry any weapons; (viii) violate any law, statute, rule, permit, ordinance or regulation; (ix) interfere with or disrupt the Services or the servers or networks connected to the Services; (x) post Information or interact on the Services in a manner which is fraudulent, libellous, abusive, obscene, profane, sexually oriented, harassing, or illegal; (xi) use the Services in any way that infringes any Transportation Providers’ rights or the rights of any Transportation Provider Drivers, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (xii) post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of the Services or any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information; (xiii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Services; (xiv) “frame” or “mirror” any part of the Services, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other website for any purpose;rent, lease, lend, sell, redistribute, license or sublicense the Services or access to any portion of the Services; (xv) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents; (xvi) link directly or indirectly to any other websites; (xvii) transfer or sell your User account, password and/or identification, or any other User's Information to any other party; (xviii) discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation.

You acknowledge that portions of the Services may be made available under Dark Carz' various brands or request options associated with transportation or logistics, including the transportation request brands currently referred to as "Dark Carz.” You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of Dark Carz's subsidiaries and affiliates; or (ii) independent Transportation Providers, including Transportation Network Company drivers, Transportation Charter Permit holders or holders of similar transportation permits, authorisations or licenses.

Limousine Services and Content.

The Services may be made available or accessed in connection with Limousine Services and content (including advertising) that Dark Carz does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such Limousine Services and content. Dark Carz does not endorse such Limousine Services and content and in no event shall Dark Carz be responsible or liable for any products or services of such Transportation providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These Transportation beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable Transportation beneficiary's terms of service.

Ownership.

The Services and all rights therein are and shall remain Dark Carz' property or the property of Dark Carz' 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 Dark Carz' company names, logos, product and service names, trademarks or services marks or those of Dark Carz's licensors.

5. Access and Use of the Services

User Accounts.

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, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to Dark Carz certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by Dark Carz. 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 Dark Carz in writing, you may only possess one Account.

User Requirements and Conduct.

The Services are not available for use by persons under the age of 18. You may not authorise third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Transportation Providers 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 Transportation Providers 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 Dark Carz 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 Dark Carz account only when you have requested Services. Dark Carz may also contact you as outlined in its User Privacy Statement, located at https://www.Dark Carz.com/privacy/notice.

User Provided Content.

Dark Carz may, in Dark Carz' sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Dark Carz 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 Dark Carz, you grant Dark Carz a worldwide, perpetual, irrevocable, transferable, 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 Dark Carz'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 Dark Carz 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 Dark Carz's use of the User Content as permitted herein will infringe, misappropriate or violate a Transportation'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 Dark Carz in its sole discretion, whether or not such material may be protected by law. Dark Carz may, but shall not be obligated to, review, monitor, or remove User Content, at Dark Carz' 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. Dark Carz does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

6. Payment

You understand that use of the Services may result in charges to you for the services or goods you receive ("Charges"). Dark Carz 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 are responsible for reviewing the applicable price quote within the Dark Carz app and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.

All Charges and payments will be enabled by Dark Carz using the preferred payment method designated in your Account, after which you will receive a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Dark Carz may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by Dark Carz.

As between you and Dark Carz, Dark Carz 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 Dark Carz' sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Dark Carz 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. Dark Carz may from time to time provide certain Riders with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods 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 Transportation Provider’s behalf. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback. Dark Carz may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any Transportation Providers or other third parties.

In certain cases, with respect to Transportation Providers, Charges you incur will be owed directly to Transportation Providers, and Dark Carz will collect payment of those charges from you, on the Transportation Provider’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Transportation Provider. In such cases, you retain the right to request lower Charges from a Transportation Provider for services or goods received by you from such Transportation Provider at the time you receive such services or goods, and Charges you incur will be owed to the Transportation Provider. Dark Carz will respond accordingly to any request from a Transportation Provider to modify the Charges for a particular service or good. This payment structure is intended to fully compensate a Transportation Provider, if applicable, for the services or goods obtained in connection with your use of the Services. In all other cases, Charges you incur will be owed and paid directly to Dark Carz or its affiliates, where Dark Carz is solely liable for any obligations to Transportation Providers. In such cases, you retain the right to request lower Charges from Dark Carz for services or goods received by you from a Transportation Provider at the time you receive such services or goods, and Dark Carz will respond accordingly to any request from you to modify the Charges for a particular service or good. Except with respect to taxicab Limousine Services requested through the Application, Dark Carz does not designate any portion of your payment as a tip or gratuity to a Transportation Provider. Any representation by Dark Carz (on Dark Carz' website, in the Application, or in Dark Carz's marketing materials) to the effect that tipping is "voluntary," "not required," and/or "included" in the payments you make for services or goods provided is not intended to suggest that Dark Carz provides any additional amounts, beyond those described above, to a Transportation Provider you may use. You understand and agree that, while you are free to provide additional payment as a gratuity to any Transportation Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary.

Repair, Cleaning or Lost and Found Fees.

You shall be responsible for the cost of repair for damage to, or necessary cleaning of, vehicles and property resulting from use of the Services under your Account in excess of normal "wear and tear" damages and necessary cleaning ("Repair or Cleaning"). In the event that a Repair or Cleaning request is verified by Dark Carz in Dark Carz's reasonable discretion, Dark Carz reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning using your payment method designated in your Account. Such amounts, as well as those pertaining to lost and found goods, will be transferred by Dark Carz to a Transportation Provider, if applicable, and are non-refundable.

7. Payments To Transportation Providers

If you are a Transportation Provider, you will receive payment for your provision of the Services pursuant to the terms of the Driver Addendum, which shall form part of this Agreement between you and Dark Carz www.darkcarz.com/DRIVERADDENDUM

8. Relationship with Dark Carz

As a Transportation Provider utilizing Drivers in using the Services, you acknowledge and agree that you and Dark Carz are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and Dark Carz expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and Dark Carz; and (2) no joint venture, franchisor- franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind Dark Carz, and you undertake not to hold yourself out as an employee, agent or authorized representative of Dark Carz.

Dark Carz does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Limousine Services, your acts or omissions, or your operation and maintenance of your vehicle. You retain the sole right to determine when, where, and for how long you will utilize the Dark Carz Services. You retain the option to accept or to decline or ignore a Rider’s request for Limousine Services via the Dark Carz Services, or to cancel an accepted request for Limousine Services by a Rider via the Dark Carz Services, subject to Dark Carz’ then-current cancellation policies. With the exception of any signage required by law or permit/license rules or requirements, Dark Carz shall have no right to require you to: (a) display Dark Carz’ names, logos or colors on your vehicle(s); or (b) wear a uniform or any other clothing displaying Dark Carz’ names, logos or colors. You acknowledge and agree that you have complete discretion to provide Limousine Services or otherwise engage in other business or employment activities.

9. Transportation Provider Representations, Warranties and Agreements

By providing Limousine Services (“Limousine Services”) to Riders in using the Services, you represent, warrant, and agree that:

Each driver (“Driver”) employed by you or contracted to operate a motor vehicle for your company possesses a valid driver’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide transportation to Riders in all jurisdictions in which you offer transportation to Riders in using the Services.
You own, and each Driver has the legal right to operate, each vehicle you use when providing Limousine Services; such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind; and any and all applicable safety recalls have been remedied per manufacturer instructions.
You warrant that no Driver will engage in reckless behavior while driving, drive unsafely, operate a vehicle that is unsafe to drive, permit an unauthorized individual to accompany Drivers in the vehicle while providing Limousine Services. And, that no Driver shall operate a motor vehicle while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of Riders or third parties.
You warrant that no Driver while offering Services to Riders shall operate as a public or common carrier or taxi service, accept street hails, charge for rides (except as expressly provided in this Agreement), demand that a rider pay in cash, or use a credit card reader, such as a Square Reader, to accept payment or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
Neither You nor any Driver will attempt to defraud Dark Carz or Riders on the Dark Carz Services or in connection with your provision of Limousine Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Fares or other payments for the ride(s) in question and take any other action against you available under the law.
Neither You, nor any Driver will discriminate against Riders. You will make responsible accommodation as required by law for Riders who travel with their service animals or who use wheelchairs (or other mobility devices) that can be folded for safe and secure storage in the car's trunk or backseat.
You agree that we may obtain information about you and your Drivers, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
You warrant that you maintain a valid policy of automobile liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules each Driver for the operation of each vehicle your company uses to provide Transportation to Riders in connection with your provision of Limousine Services.
You will pay all applicable federal, state and local taxes based on your use of the Services and any payments received by you.

10. DISCLAIMER.

Dark Carz does not provide Limousine Services, and Dark Carz is not a transportation carrier. Dark Carz is not a common carrier or public carrier. It is up to the Transportation Provider to decide whether or not to offer a ride to a Rider contacted through the Services, and it is up to the Rider to decide whether or not to accept a ride from any Transportation Provider contacted through the Services. We cannot ensure that a Driver or Rider will complete an arranged Limousine Service. We have no control over the quality or safety of the transportation that occurs as a result of the use of the Services.

Limousine Services are provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Services. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

We do not warrant that your use of the Services and Limousine Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error- free, or will meet your requirements, that any defects in the Services will be corrected, or that the Services and Limousine Services are free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Services and Limousine Services.

Dark Carz is not responsible for the conduct, whether online or offline, of any User of the Services and Limousine Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by any Transportation Providers or Riders. By using the Services and Limousine Services, you agree to accept such risks and agree that Dark Carz is not responsible for the acts or omissions of Riders or Users using the Services and Limousine Services.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." DARK CARZ DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, DARK CARZ MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES, LIMOUSINE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. DARK CARZ DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF ANY TRANSPORTATION PROVIDER OR ANY OF THEIR DRIVERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, THE LIMOUSINE SERVICES AND ANY SERVICES OR GOODS REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

11. LIMITATION OF LIABILITY.

DARK CARZ SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, DEATH OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES AND LIMOUSINE SERVICES OR, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF DARK CARZ, EVEN IF DARK CARZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

DARK CARZ SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR LIMOUSINE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES OR LIMOUSINE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY TRANSPORTATION PROVIDER, EVEN IF DARK CARZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DARK CARZ SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND DARK CARZ’ REASONABLE CONTROL. YOU ACKNOWLEDGE THAT TRANSPORTATION PROVIDERS PROVIDING LIMOUSINE SERVICES REQUESTED MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED.

THE SERVICES AND LIMOUSINE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION WITH TRANSPORTATION PROVIDERS, BUT YOU AGREE THAT DARK CARZ HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY LIMOUSINE SERVICES PROVIDED TO YOU BY TRANSPORTATION PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

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, DARK CARZ’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON DARK CARZ’ CHOICE OF LAW PROVISION SET FORTH BELOW.

12. Rider Indemnification of Dark Carz

As a Rider, you will defend, indemnify, and hold Dark Carz including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, damages, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Dark Carz Services and participation in the Limousine Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, Transportation Provider Drivers, other Riders, other motorists, and pedestrians, as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the Dark Carz Services or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (4) any other activities in connection with the Limousine Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

13. Transportation Provider Indemnification of Dark Carz

As a Transportation Provider offering Limousine Services, you and on behalf of all of your Drivers will defend, indemnify, and hold Dark Carz including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, damages, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Dark Carz Services and participation in the Limousine Services, including: (1) any physical harm, physical injury, bodily harm, emotional distress damages, death or property damages suffered by a Rider or any Third Party; (2) both your Company and Drivers’ violations of any law or the rights of a third party, including, Riders, other motorists, and pedestrians, as a result of your Drivers’ interactions with any such third parties; (3) any allegation that any materials that you submit to us or transmit through the Dark Carz Services or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (4) any other activities in connection with the Limousine Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

14. Respecting Copyright

We honor the requirements set forth in the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Website or Services any infringing material that we become aware of. And if the Company becomes aware that one of its Riders has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user's account.

We make it easy for you to report suspected copyright infringement. If you believe that anything on the the website infringes a copyright that you own or control, please contact Us:

Dark Carz LLC

Attn: Legal Department

Email: legal@darkcarz.com

If you file a notice by mail with Us, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must:

contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner;
identify the copyrighted work claimed to have been infringed;
identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material;
provide your contact information, including your address, telephone number, and an email address;
provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

15. Intellectual Property

All intellectual property rights in the Services shall be owned by Dark Carz absolutely and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Services are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of Dark Carz. Dark Carz shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

16. Confidentiality

You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Dark Carz’ business, operations and properties, information about a User made available to you in connection with such User’s use of the Services or website, which may include the User’s name, pick-up location, contact information and photo (“Confidential Information”) disclosed to you by Dark Carz for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties, and you agree not to store separate and outside of the Dark Carz Services any User Information obtained from the Dark Carz Services. As a Transportation Provider, you understand that some of Rider Information you receive may be protected by federal and/or state confidentiality laws, such as the Health Information Portability and Accountability Act of 1996 ("HIPAA"), governing the privacy and security of protected (patient) health information. In the event that you know a Rider, you should not disclose to anyone the identity of the Rider or the location that you picked up, or dropped off the Rider as this could violate HIPAA. You understand that any violation of the Agreement's confidentiality provisions may violate HIPAA or state confidentiality laws and could result in civil or criminal penalties against you. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Dark Carz in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Dark Carz with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by Dark Carz or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Dark Carz; becomes known to you, without restriction, from a source other than Dark Carz without breach of this Agreement by you and otherwise not in violation of Dark Carz’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to Dark Carz to enable Dark Carz to seek a protective order or otherwise prevent or restrict such disclosure.

17. Other Provisions

Choice of Law.

These Terms are governed by and construed in accordance with the laws of the State of Delaware, U.S.A., 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-Californians to assert claims under California law whether that be by statute, common law, or otherwise. These provisions, and except as otherwise provided in Section 3 of these Terms, are only intended to specify the use of California 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 California law to you if you do not otherwise reside in California. The foregoing choice of law and forum selection provisions do not apply to the arbitration clause in Section 3 or to any arbitrable disputes as defined therein. Instead, as described in Section 3, the Federal Arbitration Act shall apply to any such disputes.

Notice.

Dark Carz may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to Dark Carz, with such notice deemed given when received by Dark Carz, at any time by first class mail or pre-paid post to our registered agent for service of process, 1521 West Concord Pike Wilmington DE 19803 c/o Dark Carz LLC. The name and current contact information for the registered agent in each state are available online here.

You may not assign these Terms without Dark Carz's prior written approval. Dark Carz may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Dark Carz'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, Dark Carz or any Transportation 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. Dark Carz'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 Dark Carz in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.

17 (d) Dark Carz reserves the right to modify the terms and conditions of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. Dark Carz reserves the right to modify any information on pages referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the Dark Carz Services or Limousine Services after any such changes shall constitute your consent to such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration.

Terms & Conditions

U.S. Terms of Use