TERMS & CONDITIONS AGREEMENT
ACCEPTANCE OF TERMS
The following Terms & Conditions Agreement (the “TCA”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with ULook, located at 3300 N. Interstate Hwy 35, Austin, TX 78705, USA
and our subsidiaries and affiliates, in association with the use of the ULook’s website, which includes www.ulook.us, and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
www.ulook.us develops, markets and operates the drivers car transportation which has the following description:
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as users (“drivers or riders”) of the herein contained Services provided for the purpose of this TCA. Once an individual registers for our Services, through the process of creating an account, the user (“driver or rider”) shall then be considered a “member.” (driver or rider)
The user and/or member acknowledges and agrees that the services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms, and downloadable programs. At its discretion, ULook may offer additional website services and/or products, or update, modify or revise any current content and services, and this Agreement shall apply to any and all additional services and/or products and any and all updated, modified or revised services unless otherwise stipulated. ULook does hereby reserve the right to cancel and cease offering any of the aforementioned services. You, as the end user and/or member, acknowledges, accepts and agrees that ULook shall not be held liable for any such update, modification, revisions, suspensions or discontinuance of any of our services. Your continued use of the services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, modified, revised or modified terms, you must stop using the provided services.
Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided “AS-IS” and as such ULook shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
To register and become a driver “member” of ULook, you must be 24 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving ULook’s Services under the laws and statutes of the United States or other applicable jurisdiction.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, ULook will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of ULook services, or any portion thereof.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
After completion of the registration data and creation of your username, you (driver or rider) will receive a random password—which you can later change—and account designation. It shall be your responsibility to maintain the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It shall be your responsibility to notify ULook immediately if you notice any unauthorized access or use of your account or password or any other breach of security. ULook shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TCA.
ULook will run the background checks on drivers to help protect the community. As ULook driver member, you must have reliable car insurance.
Drivers may not ask a passenger to pay more than the displayed fare from ULook, and drivers cannot require a passenger to pay cash if they prefer to pay by credit card and ULook accepts the credit card.
Drivers may not add charges to the fare for handling luggage.
If a passenger does not request a specific route, it is the driver’s responsibility to determine the most economical route, toll roads, highways, taking into account current road and traffic conditions.
If a passenger prefer not to listen to music or news on the radio, please respect the passenger’s wishes.
As ULook driver member, you must obey all laws and have the right to refuse to transport a passenger:
An ULook driver member must obey all applicable laws, like posted speed limits as well as comply with all conditions of license, such as passenger pick-up zones.
ULook driver member’s personal safety is important. If you believe you may be in danger, or a passenger’s health, safety may be at risk (e.g. an unsafe destination), you have the right to refuse to transport. In case of an emergency, or if you believe a crime is being committed, call 911.
You have the right to refuse to transport the passengers who are smoking, conducting themselves in a disorderly manner, using profane or offensive language, or are acting in such a manner as to be offensive to the driver or other passengers.
ULook driver member may ask the passenger for a deposit, up to a reasonable estimate of the fare from ULook. The deposit can be made in any manner that is accepted by ULook.
ULook will keep the payment information provided by Drivers (bank routing, tax and other information.)
All services are sold “as is”. You assume the responsibility for your purchase, and no refunds will be issued.
Riders may apply for a membership for a month, or a year. After you get approved from ULook, you may use it at any time, any place.
You have the right to travel with an assistance dog that sits on the floor and is held by a leash or harness.
If you need help to store items, ask your driver. If you need assistance with heavy or overweight luggage or packages, consider pre-arranging your trip to ensure the taxi and driver can accommodate you.
Let your driver know if you would prefer to be driven by a specific route; otherwise the driver will determine the most economical route, taking into account current road and traffic conditions.
You have the right to travel without listening to music or news on the car’s radio. If the driver tell you it’s too close to the end of their shift, you may ask the driver to contact dispatch to send another ULook driver member.
When you arrive at your destination, you can pay by any method of payment accepted by ULook policy, such as cash and credit cards.
ULook shall not assume any responsibility or obligation for the timeliness, missed delivery.
As a member of ULook, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of ULook Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by ULook.
Furthermore, you herein agree not to make use of ULook’s Services for the purpose of:
ULook herein reserves the right to pre-screen, refuse and/or delete any content currently available through our services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or which would otherwise be considerable to other visitors, users and/or members.
ULook herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
ULook herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by ULook or any other content providers supplying content services to ULook. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
Upon registration, you hereby acknowledge that by using ULook to send electronic communications, which would include, but are not limited to, email, searches, instant messages, uploading of files, photos and/or videos, you that you send through our network. Therefore, through your use, and thus your agreement with this TCA, you are acknowledging that the use of this Service shall result in interstate transmissions.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
ULook shall not lay claim to ownership of any content submitted by any visitor, user or member, nor make such content available for inclusion on our website services. Therefore, you hereby grant and allow for ULook the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
Those areas which may be deemed “publicly accessible” areas of ULook’s sites are those such areas of our network properties which are meant to be available to the general public, and that which would include message boards and groups that are openly available to both visitors and members. However, those areas which are not open to the public, and thus available to members only, would include our mail system and instant messaging.
CONTRIBUTIONS TO COMPANY WEBSITE
ULook provides an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree that:
All users and/or members herein agree to insure and hold ULook, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees, made by any third party which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of ULook services or your connection with their services, your violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to ULook’s sites.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that ULook may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message postings or any other uploaded content shall be retained by ULook, nor the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on our service, the maximum disk space allowable that shall be allocated on ULook’s servers on the member’s behalf, and/or the maximum number of times and/or duration that any member may access our Services in a given period of time. In addition, you also agree that ULook has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, ULook shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.
Any messenger service, which may include any web-based versions, shall allow you and the individuals with whom you communicate with the ability to save your conversations in your account located on ULook’s servers. In this manner, you will be able to access and search your message history from any computer with internet access. You also acknowledge that others have the option to use and save conversations with you in their own personal account on ULook. It is your agreement to this TCA which establishes your consent to allow ULook to store any and all communications on its servers.
ULook shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
As a member of ULook, you may cancel or terminate your account, associated email address and/or access to our services by submitting a cancellation or termination request to firstname.lastname@example.org
As a member, you agree that ULook may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our services.
The termination of your account with ULook, shall include any and/or all of the following:
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that ULook shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
Either ULook or any third parties, may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that ULook shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or services made available on or through any such site or resource.
You do hereby acknowledge and agree that the ULook’s Services and any essential software that may be used in connection with our services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by ULook or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on ULook Services (e.g. Content or Software), in whole or part.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
LIMITATION OF LIABILITY
YOU EXPLICITY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT ULOOK AND OUR SUBISDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LAIBLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGILBE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
Should you intend to create or to join any service, receive or request any such news, messages, alerts or other information from our Services concerning companies, stock quotes, investments or securities, please review the above Sections nineteen (19) and twenty (20) again. In addition, for this particular type of information, the phrase “Let the investor beware” is appropriate. ULook’s content is provided primarily for informational purposes, and no content that shall be provided or included in our services is intended for trading or investing purposes. ULook and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our services, and shall not be responsible or liable for any trading and/or investment decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LAIBILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS NINETEEN (19) AND TWENTY (20) MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TCA that there shall be third-party beneficiaries to this agreement.
ULook may furnish you with notices, including those with regards to any changes to the TCA, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TCA by accessing our Services in an unauthorized manner. Your acceptance of this TCA constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
You herein acknowledge, understand and agree that all of ULook trademarks, copyright, trade name, service marks, and other ULook logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of ULook. You herein agree not to display and/or use in any manner the ULook logo or marks.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
ULook will always respect the intellectual property of others, and we ask that all of our users to the same. With regards to appropriate circumstances and at its sole discretion, ULook may disable and/or terminate the accounts of any user who repeatedly violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is the truth and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
The ULook Agent for Notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Attn: Copyright Agent
3300 N. Interstate Hwy 35
Austin, TX 78705, USA
This TCA constitutes the entire agreement between you and ULook and shall govern the use of our Services, superseding any prior version of this TCA between you and us with respect to ULook Services. You may also be subject to additional terms and conditions that may apply when you use certain other ULook services, affiliate services, third-party content or third-party software.
**** EACH CLAIM AND COLLECTIVELY, “CLAIMS” SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND ULOOK, NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”).
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Please report any and all violations of this TCA to ULook as follows:
3300 N. Interstate Hwy 35
Austin, TX 78705, USA