Terms of Service

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Terms of Service & Terms of Use

Maryland Black Car Terms of Service

  1. General

ESSON ELITE TRANSPORTATION, LLC d/b/a MARYLAND BLACK CAR (“Maryland Black Car”) enables its Users to book travel services over its online platform, through the association with other online platforms, as well as through the applications for mobile devices (“Apps”, all products together, “Maryland Black Car Tools”). The service of Maryland Black Car is made up by the arrangement of an entitlement to carriage for a User by Maryland Black Car itself or over a transportation service provider (“TSP”) as an intermediate.

These Terms of Service (hereinafter referred to as “Terms”) are part of every agreement between Users with the arrangement of a travel service by Maryland Black Car. They also describe in detail the travel services which are offered through the direct entitlement created by Maryland Black Car between the User and the TSP.

Deviations from the User Terms, even in the case of letters of confirmation and unreserved services, are hereby rejected. Only if the management of Maryland Black Car has expressly agreed in writing, does this not apply.

  1. Contractual Relationship and Conclusion of Contract

2.1 Contractual Relationship

Maryland Black Car provides the travel services presented by the Maryland Black Car Tools. Maryland Black Car arranges for the User an entitlement to carriage by Maryland Black Car itself or over a TSP independent of Maryland Black Car.

Maryland Black Car makes the necessary arrangements with Maryland Black Car or the TSP in its own name, which provides the User with an entitlement to carriage over the TSP (“Third-Party Beneficiary”, also called “Contract of Carriage for the Benefit of the User”).

The User uses Maryland Black Car as a transport service or as an intermediate or an arranger.

2.2 Conclusion

By submitting a completed booking form via the Maryland Black Car Tools or by telephone (“Ride Request” of the User) to Maryland Black Car the User makes an offer for the conclusion of transport service or an arrangement agreement. The object of this agreement is the arrangement of the travel service to meet the User’s Ride Request.

Maryland Black Car next sends the User an email confirming the receipt of the ride details for the travel service. Through this, Maryland Black Car confirms only the receipt of the User’s Ride Request.

The arrangement agreement between Maryland Black Car and the User for the requested travel service comes into effect only through a separate statement (“Booking Confirmation/Accepted”) by Maryland Black Car per email.

2.3 Authorization

By submitting a ride request, you authorize Maryland Black Car to charge your provided payment method for use of services. You confirm that you are the cardholder and/or authorized user of the provided credit card. For certain ride requests, the completion of a Credit Card Authorization Form may be required. You are liable for the cost of services and fees, which are detailed in email confirmations to you and in the Terms of Service. You will accrue fees and are subject to legal action for any unpaid costs for which you are liable.

  1. User Registration Requirements for the Use of Maryland Black Car Tools

It is the User’s responsibility to ensure that all information that they, or someone else on their behalf, have provided to Maryland Black Car is complete and accurate. Registration using automated methods is prohibited.

  1. Selected Topics of the Contract of Carriage for the Benefit of the User

Under Paragraph 4 described details of the User’s Ride Request (collectively, “Travel Arrangements”), the User can only make demands to Maryland Black Car or its TSP, if they are agreed upon in the arrangement agreement with Maryland Black Car.

The following conditions apply to the Maryland Black Car-arranged entitlement to carriage of the User:

4.1 Transfer Rides / Hourly Bookings, Changes to Service

The User can choose between transfer rides and hourly bookings for their Ride Request. If, according to the express wishes of the User, or the User’s representative, the actual Ride Request requires additional effort compared to the original Ride Request, Maryland Black Car will carry this out where possible. The extra effort may result in additional costs for the individual arrangement (for more details see Paragraph 5 below).

Changes in Travel Arrangements are subject to the availability of Maryland Black Car and can be made by the User, or the User’s representative, even after conclusion of the contract in accordance with Paragraph 5 and the payments described therein.

Rates quoted before service are only an initial estimate of the cost of services reserved. Wait time and/or additional services may change the final price.

4.1.1

In the case of transfer services (one-way, return, round-trip), the price quoted is valid for a start and destination address. An additional fee, according to the current price structure (see Paragraph 5 below), accrues per stopover on the direct route.

A stopover does not exceed 15 minutes. If the stop exceeds 15 minutes, the User will be charged the transfer base rate plus the hourly rate for the vehicle in 15-minute increments for the time that the chauffeur waits. If there is more than one stop, or if the one stop lasts more than 30 minutes, then the trip will convert to an hourly rate.

Return or round-trip services do not occur within the same day, unless approval is granted by Maryland Black Car and additional fees may apply. Otherwise, return or round-trip Ride Requests will be rejected/cancelled and payment will be reimbursed.

4.1.2

For hourly bookings, the trip must always end in the municipal area of the pickup location (within 20 miles). Hourly bookings that end outside of the municipal area of the pickup location are subject to Maryland Black Car approval and additional fees.

An hourly booking always starts at the pickup time confirmed upon booking.

4.2 Vehicle Class / Vehicle Model, Upgrade

The User can choose from different vehicle classes (e.g., “Business Class Sedan”, “SUV”, or “First Class Sedan”) for their Ride Request.

The vehicle images shown in the Maryland Black Car Tools are only illustrative examples. These are not connected with any right to a particular vehicle model for the booked vehicle category.

Subject to availability, an upgrade from the vehicle class “Business Class” to a higher vehicle class (such as “SUV” or “First Class”), at no additional cost to the User, may be possible.

4.3 Transport Safety, Consequences

4.3.1 Luggage, Animals

The price given in the Booking Confirmation includes the number of pieces of luggage specified on the booking form. Excess luggage, bulky luggage, or the transportation of animals not stated as an additional comment upon booking could lead to corresponding surcharges; the arrangement fee will also be higher, as stated in the Booking Confirmation (see Paragraph 5 below).

Maryland Black Car reserves the right to refuse the carriage of luggage and/or animals which was/were not agreed to. This also applies to animals which are not contained in a closed and suitable transport box.

Any hearing-impaired person, totally or partially blind person or physically disabled person riding in any Maryland Black Car vehicle is permitted to be accompanied by a service animal, without being required to pay an extra charge for the service animal. For passengers with disabilities traveling with a service animal, the animal does not require being transported in a kennel or soft-sided pet container.

In the event damage occurs to the vehicle, caused by the animal, damage and/or cleaning fee may be charged.

4.3.2 Carriage of Children

The need for safety seats for children should be requested by the User as an additional comment by specifying the number and age of children to be transported as well as the required type of seating.

4.3.3 Information on Number of Guests and Pieces of Luggage

The maximum number of guests and pieces of luggage specified for a particular vehicle is an estimate based on factors such as size and weight of guest and luggage. These are therefore not binding. Maryland Black Car or its TSP can refuse the carriage of guests or luggage if they believe they compromise the space and safety conditions.

Chauffeurs assist Users, or passengers, with loading into or removing luggage from vehicles from curbside locations. Standard luggage assistance includes door-to-door service (e.g., residence door to vehicle door). Additional fees apply for luggage assistance from within the airport and/or within residential areas (e.g., multi-unit residence lobby, multi-unit residence hallway, carrying luggage up/down stairs). Chauffeurs cannot enter Users’, or passengers’, residences (e.g., inside apartments or homes) to retrieve luggage. Additional fees may also apply for excessive and/or bulky luggage.

4.3.4 Prevention of Carriage

Maryland Black Car or its TSP reserves the right to refuse carriage if compelling (for example, under applicable laws) requirements under Paragraph 4.3 were not at all, or not correctly, communicated by the User as an additional comment.

If, due to this, carriage is not possible, this has no influence on the payment of Maryland Black Car through the arrangement agreement with the User for the transportation booked.

4.4 Delays

Exceptional situations such as air-traffic controller strikes, extreme weather conditions, etc., can be compensated only to a limited extent, meaning that longer waiting periods or last-minute cancellations must be accepted by Users.

4.5 Cancellations, Changes to Booking, and No-Shows

4.5.1 Cancellation

(a) Transfer Services

For transfer services, the cancellation rate is 20% if there is more than 24 hours left before the agreed pickup time. If there is 24 hours or less before the agreed pickup time, the total price must be paid unless other payment arrangements are approved by Maryland Black Car in writing. A cancellation can only be done by contacting Maryland Black Car at (410) 618-5227.

Maryland Black Car reserves the right to cancel Ride Requests in the event we are unable to accommodate requested reservations (e.g., no availability, requested services that we do not provide).

Maryland Black Car reserves the right to cancel Ride Requests in the event Users or their representatives exhibit offensive and/or discriminatory behavior.

The timing of reimbursements is subject to the processing time of third-party payment processors.

(b) Hourly Bookings

For hourly bookings, the cancellation rate is 20% if there are more than 24 hours left before the agreed pickup time. If there are 24 hours or less before the agreed pickup time, the total price must be paid unless other payment arrangements are approved by Maryland Black Car in writing. A cancellation can only be done by contacting Maryland Black Car at (410) 618-5227.

Ride Requests for special events (e.g., wedding, prom, funeral) and for stretch limousines are accommodated on an hourly basis only, with a minimum of three consecutive hours for non-specialty vehicles (sedan, SUV) and four consecutive hours for specialty vehicles (sprinter van, stretch limousine, opulent) otherwise approved by Maryland Black Car.

Maryland Black Car reserves the right to cancel Ride Requests in the event we are unable to accommodate requested reservations (e.g., no availability, requested services that we do not provide).

Maryland Black Car reserves the right to cancel Ride Requests in the event Users or their representatives exhibit offensive and/or discriminatory behavior.

The timing of reimbursements is subject to the processing time of third-party payment processors.

4.5.2 Changes to Booking

Changes to bookings are generally treated as new bookings. The policy for dealing with cancellations (see Paragraph 4.5.1 above) therefore apply to the ride originally agreed upon. A compensation claim by Maryland Black Car for the originally agreed ride may be made accordingly.

4.5.3 No-Shows without cancellation, Delay to the User

In case of a no-show without cancellation, the User loses their entitlement to carriage by Maryland Black Car or its TSP; however, this does not affect the compensation claim of Maryland Black Car towards the User.

(a) Transfer Services

A ride is considered a no-show if the User, or passenger, has not shown up without cancellation within 15 minutes after the agreed pickup time at the agreed pickup location. If a customer does not show up, the ride must be paid for in full, whereas possible surcharges for waiting time do not apply.

For airport or train station (only long-distance train stations) pickups, the ride is considered a no-show when the User, or passenger, has not shown up without cancellation within 60 minutes after the agreed pickup time at the agreed pickup location, at which flight and train delays or earlier flights and trains lead to a deferral of the scheduled pickup time by the planned period of time between the planned arrival time and the original pickup time. If a customer does not show up, the ride must be paid for in full, whereas possible surcharges for waiting time do not apply.

From this rule, situations are excluded in which Maryland Black Car and the guest have agreed on a later pickup time by phone or email, which Maryland Black Car will confirm in writing. Possible surcharges for waiting time have to be remunerated as described under Paragraph 5.3.1. Generally, the passenger is not entitled to change the pickup time.

(b) Hourly Bookings

A ride is considered a no-show if the User, or passenger, has not shown up without cancellation after the expiration of the hours booked after the agreed pickup time at the agreed pickup location. If a customer does not show up, the ride must be paid for in full.

For airport or train station (only long-distance train stations) pickups, the ride is considered a no-show when the User, or passenger, has not shown up without cancellation after the expiration of the hours booked after the agreed pickup time at the agreed pickup location, at which flight and train delays or earlier flights and trains lead to a deferral of the scheduled pickup time by the planned period of time between the planned arrival time and the original pickup time. If a customer does not show up, the ride must be paid for in full.

From this rule, situations are excluded in which Maryland Black Car and the guest have agreed on a later pickup time by phone or email, which Maryland Black Car will confirm in writing. An hourly booking always starts at the pickup time confirmed upon booking as described under Paragraph 4.1.2. In consequence, possible extensions of the hourly booking have to be remunerated as described under Paragraph 5.2. Generally, the passenger is not entitled to change the pickup time.

4.6. Behavior in the Vehicle

The following behavioral standards apply to the User when traveling with Maryland Black Car or its TSP:

During the entirety of the ride, all guests must follow the regulations which apply to the relevant Road Traffic Act, especially the seatbelt regulations. Any instructions given by Maryland Black Car or its TSP must be followed. It is the responsibility of Maryland Black Car or its TSP to ensure a safe ride. It is therefore prohibited for guests to open the doors while driving, throw any objects from the vehicle, and/or stick body parts out of or shout from the vehicle. If the User wishes to use any of the devices or facilities in the vehicle, a brief instruction is required from Maryland Black Car or its TSP.

Smoking is prohibited in the passenger part of the vehicle. If the User, or passenger, ignores this, they are liable to pay not only the cost for the cleaning of the vehicle but also compensate the loss of business due to the downtime of the vehicle.

The consumption of food is discouraged. Alcoholic drinks are only allowed to be consumed in the car with prior consent. Any messes from food or beverages, including vomit or urine, the User and/or passengers are liable to pay not only the cost for the cleaning of the vehicle but also compensate the loss of business due to the downtime of the vehicle.

Any destruction or damage, whether maliciously or unintentional, to the vehicle, the User and/or passengers are liable to pay not only the cost for the cleaning and/or repair and/or replacement of the vehicle but also compensate the loss of business due to the downtime of the vehicle.

Maryland Black Car reserves the right to stop service in the event Users or their representatives exhibit offensive and/or discriminatory behavior. In this case, the ride must be paid for in full, unless other payment agreements are agreed to by Maryland Black Car.

  1. Compensation and Payment

5.1 Principles

The compensation claim of Maryland Black Car is specified in the Booking Confirmation.

Key factors for its amount (including reimbursement of expenses to Maryland Black Car for the arranged transportation service) are: the chosen vehicle class, the distance, how far in advance the ride is booked, pickup time, and pickup location.

Additionally booked special requests, (e.g., additional stops, excessive and/or bulky luggage, car seats for children, etc.) may cause the price to increase.

5.2 Ride Changes

Even after the conclusion of the arrangement agreement and even after the start of the ride, provided it is possible for Maryland Black Car or its TSP, the User (or User’s representative) may request changes to the Travel Arrangements, subject to Maryland Black Car approval and additional fees.

If a ride is spontaneously lengthened (distance or number of hours) according to the wish of the User, or passenger, the actual service (total distance or number of hours) will be newly calculated and priced according to the current price structure. In the case of hourly bookings, each additional 15-minute block is considered for invoicing, from the first additional minute, 15 minutes will be rounded up to ensure more reliable planning.

Accordingly, the compensation claim increases for the User, due to Maryland Black Car’s expenses for the Contract of Carriage for the Benefit of the User increasing.

If the distance or number of hours are less than originally booked, the price remains unaffected.

5.3 Other Premiums

5.3.1 Waiting Times for Transfer Services

For transfer services, no surcharges are applied in the case of airport or train station (excluding long-distance train stations) for a waiting time of up to 60 minutes after the agreed pickup time, at which flight and train delays or earlier flights and trains lead to a deferral of the scheduled pickup time by the planned period of time between the planned arrival time and the original pickup time, and up to 15 minutes from the agreed pickup time in all other cases. Each additional minute of waiting time will be calculated in 15-minute increments according to the hourly booking prices of the vehicle category.

5.3.2 Additional Mileage for Hourly Bookings

Hourly bookings contain the mileages (per hour) that are stated on the booking form (or by phone). Any additional mileage is subject to surcharge and are calculated according to the price per mile of the vehicle category.

5.4 Terms of Payment and Transaction Fees

The User can pay for their ride by credit card. Incidental credit card charges are carried by Maryland Black Car. Any transaction fees when making payments via bank transfer (e.g., due to different currencies or different local accounts) are carried by the User.

5.5 Payment Reminders, Unpaid Credit Card Invoices

For each payment reminder, Maryland Black Car may charge an appropriate penalty fine.

For unpaid credit card debts, Maryland Black Car charges the User for the incurred expenses (bank, credit card company) and reserves the right to assert an appropriate handling fee per incident.

5.6 Sending of Invoices, Payment Dates

Maryland Black Car provides the User with the respective invoice electronically via the website and email. When paying by credit card, payment is due immediately. When paying by bank transfer, the payment date referred to in the invoice must be kept.

5.7 Coupon Codes

Coupon codes are only redeemable individually and cannot be combined with other coupon codes. Coupon codes are not redeemable for cash. Coupon codes may expire without prior notice to the User.

  1. Liability

6.1 Principles

Maryland Black Car is liable for damage caused by Maryland Black Car or their vicarious agents or subcontractors either intentionally or due to gross negligence. The TSP as well as all chauffeurs employed for the travel service are neither vicarious agents nor subcontractors of Maryland Black Car. Rather, Maryland Black Car arranges, for the User, a direct entitlement to carriage over a TSP.

In case of damage caused by simple negligence, Maryland Black Car is liable only for breach of fundamental contractual obligations and for foreseeable and typical damage. Fundamental contractual obligations are those which, when fulfilled, enable the proper execution of the contract and upon which the User can rely.

Limitation of liability does not apply in the context of an express guarantee of condition and quality, in case of intentional harm to life, body, or health, as well as claims under the Product Liability Act.

6.2 Contents of Maryland Black Car Tools

Maryland Black Car is not liable for the accuracy, reliability, completeness, or timeliness of the free content and programs which are distributed under the name of Maryland Black Car Tools, nor for any damage arising therefrom, except to the extent that such damages are caused intentionally or by gross negligence by Maryland Black Car. This applies to all kinds of damage, especially damage caused by errors, delays or interruptions in the transmission, or problems with technical equipment and service, incorrect content, omissions, loss or deletion of data, viruses or in any other way due to the use of this online offer. Furthermore, Maryland Black Car is not liable for the availability and efficiency of the features offered.

6.3 Websites of Third Parties

Maryland Black Car accepts no responsibility for the content, accuracy, legality and functionality of third-party websites which are referred to through links. Accessing these pages through hyperlinks is done at the risk of the User.

6.4 Accuracy of Transmitted Information, Disruption of Access

Maryland Black Car accepts no responsibility for ensuring that the information provided is accurate and complete nor that it reaches the User or chauffeur in time. This does not apply to content in the Booking Confirmation.

Maryland Black Car is not liable for disruptions to the quality of access to the Maryland Black Car Tools due to excess force or due to events which Maryland Black Car is not responsible for, in particular the failure of communication networks and/or gateways. Maryland Black Car makes no guarantee that the website will function uninterrupted or error free, nor that any errors will be corrected.

6.5 In-vehicle Complimentary WiFi

Many of Maryland Black Car’s vehicles offer passengers complimentary In-Vehicle access to WiFi. Any User, or passenger, who utilizes the complimentary In-Vehicle WiFi understands and agrees that there are significant security, privacy, and confidentiality risks inherent in accessing or transmitting information through the Internet, whether the connection to the Internet is facilitated through wired or wireless technology. These security issues range from interception of transmissions, loss of data, or the introduction of viruses or other programs that can damage your device or network.

ACCORDINGLY, ALL PASSENGERS AGREE THAT MARYLAND BLACK CAR, ITS SUBSIDIARIES, AFFILIATES, PARENTS, OWNERS, INVESTORS, AND INSURERS WILL NOT BE LIABLE FOR ANY INTERCEPTION OF TRANSMISSIONS, LOSS OF DATA, FILE CORRUPTION, HACKING, OR DAMAGE TO YOUR COMPUTER OR NETWORK THAT RESULTS FROM THE TRANSMISSION OR DOWNLOAD OF INFORMATION OR MATERIALS THROUGH THE SERVICE.

6.6 Lost or Misplaced Items

Maryland Black Car assumes no liability for any lost or misplaced personal property or any other items.

6.7 Release of Liability by the User

The User releases Maryland Black Car of all claims and expenses, including appropriate attorney’s fees, levied against Maryland Black Car by a third party for any use of the Maryland Black Car Tools by the User which violates the contract or is a breach of these Terms.

  1. Changes to the Offer by Maryland Black Car

Maryland Black Car reserves the right to at any time make changes to the Maryland Black Car Tools in a way that is appropriate to the User, so as to further develop and improve their quality. In addition, Maryland Black Car reserves the right to, with good cause, temporarily or permanently discontinue its offer through the Maryland Black Car Tools, even without the User being informed personally of this.

  1. Protection of Content, Granting of Rights of Use to Maryland Black Car Tools

The content contained within the Maryland Black Car Tools enjoys copyright protection.

Maryland Black Car grants the User the conditional and revocable right to use the Maryland Black Car Tools as intended through complying with these Terms. Any use beyond this (changes, copies, re-releases, transfers, distribution, or other improper purposes) is prohibited.

  1. Final Provisions

9.1 Entirety, Writing

These Terms are the entire agreement between Maryland Black Car and the User for the service. Subsidiary agreements do not exist. Changes and additions to this agreement must be in written form, digital form is not sufficient; the same applies to changes or additions to this written-form requirement.

9.2 Subject to Change

Maryland Black Car reserves the right to change these Terms. Notification of the change is made as a unilateral declaration by publishing the new Terms on the website of Maryland Black Car. The new Terms apply to the User immediately. Continued use of Maryland Black Car’s services is then dependent on the acceptance of the Terms by the User.

9.3 Offsetting, Retention, and Assignment

The User may only offset against undisputed or legally determined counterclaims against Maryland Black Car. This also applies to the User’s notice of defects.

The User may only exercise a right of retention, if their counterclaim is derived from the same contractual relationship.

The assignment of the User’s claims from the contractual relationship against third parties without the written consent of Maryland Black Car is excluded.

9.4 Choice of Law and Place of Jurisdiction

For all legal relationships between Maryland Black Car and the User the law of the State of Maryland applicable to domestic business is effective.

9.5 Non-discrimination Policy

Maryland Black Car provides transportation based solely upon vehicle, chauffeur, and service availability, without regard to race, sex, color, national origin, sexual orientation, religion, gender identification, disability, or age.

9.6 Severability

If any provisions of these Terms prove invalid, unenforceable, or contain loopholes, the remaining provisions remain in effect. The parties are obliged to replace the invalid, illegal, or unenforceable provisions with ones that come closest to the meaning and economic purpose and the intent of the parties.

 

Maryland Black Car Terms of Use

  1. General

Welcome to the ESSON ELITE TRANSPORTATION, LLC d/b/a MARYLAND BLACK CAR (“Maryland Black Car”) Terms of Use Agreement. For purposes of this agreement, “Site” refers to Maryland Black Car’s websites, which can be accessed at MarylandBlackCar.com. “Service” or Services” refers to Maryland Black Car’s on-line reservation services accessed via the Site, in which users can book chauffeured ground transportation services over its online platform. The terms “Maryland Black Car”, “we,” “us,” and “our” refer to ESSON ELITE TRANSPORTATION, LLC d/b/a MARYLAND BLACK CAR, as the Site and/or Services provider. “You” collectively refer both to you, as a user of our Site and/or Services and individuals using the Site and/or Services on your behalf or a business entity, whether as an employee, consultant, or agent of such business entity. You have the legal capacity and authority to bind such individuals or business entity to the Terms of Use Agreement.

With regards to your use of the Site and/or Services, which include Maryland Black Car’s Terms of Service and Privacy Policy, incorporated into this Terms of Use Agreement by reference, the terms and conditions contained herein (collectively, the “Agreement”) are a legal agreement between You and Maryland Black Car.

This Terms of Use Agreement and all linked agreements, terms, and policies herein should be relied on only as a series of online documents, should you choose to view and print these documents and rely on them, you must print all documents linked within.

  1. Acceptance of Terms

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE AND/OR SERVICES. BY USING THE SITE AND/OR SERVICES, YOU AGREE TO THESE TERMS OF USE. MARYLAND BLACK CAR MAY CHANGE THESE TERMS OF USE FROM TIME TO TIME WITHOUT NOTICE, AND SUCH CHANGES WILL BE EFFECTIVE ON THE DATE THEY ARE POSTED ON THE SITE. USE OF THE SITE AND/OR SERVICES AFTER SUCH CHANGES HAVE BEEN POSTED CONSTITUTES YOUR ACCEPTANCE OF ALL SUCH CHANGES. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SITE AND/OR SERVICES PROVIDED BY MARYLAND BLACK CAR.

  1. Use of the Site and/or Services

You may only use the Site and/or Services in accordance with the Terms of Use, any posted policies and procedures that appear on the Site, and for lawful purposes. You agree not to use the Site and/or Services to: (a) transmit any material that infringes or misappropriate any third party’s copyright, trademark, trade secret, patent, or other proprietary rights, (b) transmit any material that is false, inaccurate, fraudulent, or misleading, (c) distribute computer viruses, worms, or software intended to damage or alter a computer system without the owner’s consent, (d) use “auto-responders,” “cancel-bots,” or other similar mechanisms that generate excessive network traffic, (e) transmit any unlawful, harmful, defamatory, pornographic, obscene, vulgar, threatening, harassing or otherwise objectionable material, (f) send or relay any unsolicited advertising or chain letters, (g) exceed your permitted access or attempt to gain unauthorized access to the Site and/or Services, or any part thereof, or other accounts, computer systems or networks, through login password mining or any other means, (h) frame any portions of the Site and/or Services within another web site or establish links from any other web site to any page of the Site other than the home page or (i) resell use of, or access to, the Site and/or Services to any third party without Maryland Black Car’s prior written consent. Maryland Black Car reserves the right to terminate your access to the Site and/or Services at any time without notice if we determine, in our sole discretion, that you have abused or violated any of these terms and conditions.

  1. User Registration

You are responsible for maintaining the confidentiality of any email username and/or password provided to you by Maryland Black Car for use in connection with the Site and/or Services. You are solely responsible for all activities that occur under your email username and/or password, and you agree to notify Maryland Black Car immediately of any unauthorized use of your email username and/or password or any other breach of security related to the Site and/or Services. Maryland Black Car will not be liable for any loss or damage arising from your failure to safeguard your email username and/or password or to comply with this section.

  1. Use of Services

Maryland Black Car’s provision to you of the Services may be subject to other terms, conditions, and restrictions posted on the Site or otherwise communicated in writing to you by Maryland Black Car, including via email. The Services are subject to availability across all markets and will be deemed available through an email confirmation provided by Maryland Black Car. Please refer to the Terms of Service for more information.

  1. Payment Processing

Maryland Black Car uses a third-party payment processor (the “Payment Processor”) to link your credit card account to pay for the Services booked on the Site. The processing of payments or credits, as applicable, in connection with your use of the Site and/or Services will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these Terms of Use. Maryland Black Car is not responsible for any errors by the Payment Processor. In connection with your use of the Site and/or Services, Maryland Black Car will obtain certain transaction details, which Maryland Black Car will use solely in accordance with the Privacy Policy.

  1. Payment Terms

You are responsible for all fees, including taxes, associated with your use of the Service. All fees charged to you by Maryland Black Car, are due in accordance with the Terms of Service on Maryland Black Car’s invoices and other formal written arrangements if any. Maryland Black Car reserves the right to determine final pricing, and, at its sole discretion, may make promotional offers with different features and different rates. These promotional offers, unless made to you, shall have no bearing whatsoever on Maryland Black Cars final pricing. Maryland Black Car may change the fees for its Services, as it deems necessary. Please refer to our Terms of Service for further information.

  1. Privacy

Maryland Black Car respects your privacy. Please refer to our Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy.

  1. Cookie Policy

Maryland Black Car employs “cookies” or similar technologies. Please refer to our Cookie Policy for further information.

  1. Communications and Delays

E-mail, text messages (SMS), push notifications (PNS), ultra-low frequency communications (ULF), and/or near field communications (NFC) sent from, sent by, or authorized to be sent by Maryland Black Car are designed to make your use of the Services more efficient. You specifically agree to accept and consent to receiving all the aforementioned forms of communication (E-mail, SMS, PNS, ULF and NFC) as initiated or authorized by Maryland Black Car. Standard SMS charges applied by your mobile carriers will apply to SMS messages Maryland Black Car sends you. Maryland Black Car reserves the right to cancel the notification Services at any time.

Maryland Black Car Site and/or Services Content may be temporarily unavailable from time to time for maintenance or be subject to delays, data loss, delivery failures, or other problems inherent in the use of the Internet and other electronic communications protocols. Maryland Black Car assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, communications, or for any damages resulting from such problems.

  1. International Access

The Site and/or Services are provided from the United States of America and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the Site and/or Services. We make no representations regarding the legality of this Site and/or Services in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.

  1. Proprietary Rights and Communication with Maryland Black Car

(i) The Site, and certain content therein, the Services, and any underlying software may be protected by copyright, trademark, patent, and/or other intellectual property and proprietary rights laws and are owned (along with all proprietary rights therein, including all rights, in and to the Site and/or Services, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Site and/or Services) by ESSON ELITE TRANSPORTATION, LLC d/b/a MARYLAND BLACK CAR and/or its licensors. You agree that you will not copy, distribute, republish, display, post, transmit, download, or modify any content you obtain from the Site and/or Services, or any other Maryland Black Car or licensor owned intellectual property without Maryland Black Car’s prior permission; provided, however, that you may download or print a copy of information from the Site for your use in learning about, reserving, or using the Services.

(ii) Excepting any suggestions, ideas, enhancement requests, feedback, recommendations or any other information deemed proprietary and detailed above in 4, any other communication or material you transmit to us by email or otherwise, including any data, questions, comments, suggestions, or the like is and will be treated as, non-confidential and non-proprietary. Except to the extent expressly covered by our Privacy Policy, anything you transmit or post may be used by us for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, you expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.

  1. Third-Party Applications

The Site and/or Services may enable you to link or connect you to use functionalities of third-party applications, services, or sites that are not owned or controlled by Maryland Black Car (“Third-Party Applications”). Any Third-Party Applications are subject to the terms and conditions of the relevant third-party provider. Maryland Black Car has no control over and is not responsible or liable for any matters relating to your dealings or transactions with such third parties and over any third-party content, syndicated content, applications, services, sites, advertisements, links, privacy policies and/or practices of any such third parties that may be accessible via the Site and/or Services. It is your responsibility to check the privacy policies and terms of service and usage of all third-party sites that you visit prior to downloading or using any such Third-Party Applications.

  1. Warranty Disclaimer

THE SITE AND/OR SERVICES AND ANY INFORMATION PROVIDED THROUGH THE SITE AND/OR SERVICES, INCLUDING ANY THIRD-PARTY APPLICATIONS OR THIRD-PARTY PROVIDED INFORMATION, ARE PROVIDED BY MARYLAND BLACK CAR ON AN “AS IS” BASIS AND NEITHER MARYLAND BLACK CAR NOR ITS SUBSIDIARIES, PARTNERS, AFFILIATES, VENDORS OR SUBCONTRACTORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE AND/OR SERVICES OR THE INFORMATION MADE AVAILABLE BY OR THROUGH THE SITE AND/OR SERVICES. IN ADDITION, MARYLAND BLACK CAR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY AND NON-STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, THE ACCURACY OF INFORMATION, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR CUSTOM OF TRADE. NEITHER MARYLAND BLACK CAR NOR ANY OF ITS SUBSIDIARIES, PARTNERS, AFFILIATES, VENDORS OR SUBCONTRACTORS WARRANTS THAT USE OF THE SITE AND/OR SERVICES WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND/OR SERVICES ARE FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.

Some jurisdictions may not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

  1. Limitation of Liability

IN NO EVENT WILL MARYLAND BLACK CAR, ANY OF ITS SUBSIDIARIES, PARTNERS, AFFILIATES, VENDORS OR SUBCONTRACTORS, INCLUDING THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, OR ANY WEBSITES OR THIRD-PARTY APPLICATIONS LINKED TO THE WEBSITE, THE SERVICES, WHETHER BASED ON CONTRACT, TORT OR OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER MARYLAND BLACK CAR KNEW OR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MARYLAND BLACK CAR’S AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING FROM OR RELATING TO THE SITE AND/OR SERVICES (REGARDLESS OF THE CAUSE OF ACTION, WHETHER UNDER CONTRACT, TORT, OR OTHER LEGAL THEORY) IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID BY THE USER TO MARYLAND BLACK CAR FOR THE SPECIFIC SERVICE THAT IS THE SUBJECT OF THE DISPUTE OR (ii) $50. THE FOREGOING LIMITATIONS OF LIABILITY ARE INDEPENDENT OF, AND SHALL APPLY REGARDLESS OF, ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED OR EXCLUSIVE REMEDY.

You acknowledge that Maryland Black Car has agreed to provide the Site and/or Service in reliance on the exclusions of liability and disclaimers of warranty set forth herein. Some jurisdictions do not allow the limitation of incidental or consequential damages, so the above limitation may not apply to you.

  1. Indemnification

You agree to indemnify and hold Maryland Black Car, its subsidiaries, partners, affiliates, vendors, subcontractors, officers, employees, and agents harmless from any and all losses, liabilities, damages and/or costs (including reasonable attorneys’ fees) arising from any third-party claims arising from or related to your use of the Site and/or Services, or your violation of the Terms of Use, Terms of Service and/or Privacy Policy.

  1. Arbitration

Any and all disputes pursuant to these Terms of Use, or otherwise between the parties, shall be submitted to binding arbitration in the State of Maryland in Howard County in accordance with the commercial rules of the American Arbitration Association (“AAA”) then in effect. The arbitration panel shall consist of one (1) neutral arbitrator if the amount in controversy is less than $25,000, otherwise the panel shall consist of three (3) neutral arbitrators, each an attorney with at least five (5) years of experience in the primary area of law as to which the dispute relates. The costs of the arbitration shall be shared equally by the parties, provided that the arbitrator may award attorneys costs and expenses to the prevailing party. The parties agree that any actions or disputes shall be adjudicated between the parties hereto, and shall not be combined with any other actions or disputes of other parties. Notwithstanding the foregoing, this arbitration clause shall not in any way be deemed to limit Maryland Black Car’s right to commence an action in an appropriate court (and without submitting to arbitration) to protect its intellectual property rights or enjoin prohibited use of the Site and/or Services.

  1. Governing Law

The laws of the State of Maryland shall govern these Terms of Use. Subject to the arbitration provision above, you hereby expressly consent to exclusive jurisdiction and venue in the courts located in Howard County, Maryland for all matters arising in connection with these terms of use or your access or use of the Site and/or Services.

  1. Section Headings and Summaries

Throughout these Terms of Use, Terms of Service and/or Privacy Policy, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.

  1. Severability

If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.

  1. Waiver and Remedies

The failure of Maryland Black Car to partially or fully exercise any rights or the waiver of Maryland Black Car of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by Maryland Black Car or be deemed a waiver by Maryland Black Car of any subsequent breach by you of the same or any other term of these Terms of Use. The rights and remedies of Maryland Black Car under these Terms of Use and any other applicable agreement between you and Maryland Black Car shall be cumulative, and the exercise of any such right or remedy shall not limit Maryland Black Car’s right to exercise any other right or remedy.

  1. Force Majeure

Maryland Black Car shall not be responsible for damages caused by delay or failure to perform, in full or in part, any of its obligations in connection with the Site and/or Services provided that there is due diligence in attempted performance under the circumstances and that such delay or failure is due to fire, earthquake, unusually severe weather, strikes, government-sanctioned embargo, flood, act of God, act of war or terrorism, act of any public authority or sovereign government, civil disorder, delay or destruction caused by the public carrier, or any other circumstance substantially beyond the control of Maryland Black Car.

  1. Notice

Maryland Black Car may give notice by email or by first-class mail to your email and address, as registered by Maryland Black Car and on record in Maryland Black Car’s database of account information. Such notice is deemed to have been given 48 hours after postmarked (if sent by first-class mail) or 12 hours after sending (if sent by email). You may give notice to Maryland Black Car (such notice shall be deemed given when received by Maryland Black Car) at any time either by letter delivered by either FedEx or UPS overnight delivery services or first-class postage prepaid mail to Maryland Black Car to the attention of President at the following address:

ESSON ELITE TRANSPORTATION, LLC d/b/a MARYLAND BLACK CAR

6925 Oakland Mills Road, PMB #107, Columbia, MD 21045

  1. Entire Agreement

These Terms of Use and the other policies and terms posted on the Site set forth the entire agreement between you and Maryland Black Car on this subject matter and supersede all other negotiations, understandings, statements, and agreements between the parties.

  1. Contact Information

Should you have any questions regarding these Terms of Use you may contact us at support@marylandblackcar.com. Notwithstanding the foregoing, Maryland Black Car is under no obligation to provide technical support for the Site and/or Services.

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