Terms of Service

Terms of Service Agreement


This Terms of Service Agreement (the "Agreement") is a legally binding agreement that governs your relationship with "ESP" Extra Sensory Protection & Limos, and the use of ESP24-7.com website and the services available being referred to herein as (the "Services"), and you (the "Client/User”) means a person who visits the Site to search for and potentially book our Personal Protection Services with "FREE" ground transportation. In this Agreement, the Company will refer to you and all of your affiliates, friends, family, agents, employees, representatives, and subcontractors as you "the Client" and to the Company and its employees and agents as "we", "us", "Company", "ESP", or "ESP24-7.com." The "Personal Protection Agent" "PPA" "Driver"In addition to the terms and conditions in this Agreement, users may be asked to agree to additional terms when using different parts of our Sites. The terms and conditions of this Agreement, along with such additional terms and conditions, will be referred to as the "Terms." The Company reserves the right, at its discretion, to change, modify, add, or remove portions of any of the Terms at any time. Please check the Terms periodically for changes.

 If you do not agree to this Agreement, please do not use the Services.

Your use of the Services after such Terms have been posted will mean that you have read, understand, and agree to be bound by the Terms.

 

TERMS OF SERVICE.

You acknowledge and agree that you are at lest eighteen (18) years of age and that your use of Company services is for your personal use and not for any commercial or advertising purposes.

***NO ONE UNDER 21 MAY CONSUME ALCOHOL.***

***IF ANYONE UNDER 21 IS FOUND CONSUMING ALCOHOL THE SERVICES WILL BE TERMINATED AND ALL PASSENGERS WILL BE TAKEN BACK TO THE PICK-UP LOCATION AND NONE OF THE MONEY WILL BE REFUNDED***

***NO SMOKING CIGARETTES AND/OR ANY ILLEGAL SUBSTANCES.***

***IF YOU ARE SICK ASK THE PPA/DRIVER TO PULL OVER IMMEDIATELY.***

***THE PPA/DRIVER WILL PULL OVER IF AND WHEN IT IS SAFE AND NEVER WHILE ON THE FREEWAY. YOUR SAFETY IS OUR #1 PRIORITY***

***A MINIMUM OF $400 CLEAN-UP FEE WILL BE CHARGE FOR SICKNESS.***

***IF MORE TIME THAN ORIGINALLY CONTRACTED IS WANTED OR NEEDED, PPA/DRIVER MUST OK  EXTRA TIME WITH OFFICE.***

***PASSENGERS MUST NOT THROW OR HANG OUT OF MOONROOF OR WINDOW, REMEMBER WE CAN BE PULLED OVER AND CITED BY POLICE OR CHP.***

***BROKEN DECANTERS: $50 EACH, BROKEN GLASSES: $15 EACH, SPILLS: $35 PER INCIDENT, CIGARETTE BURNS, STAINS, OR TEARS: $400 MINIMUM PER INCIDENT.**

***ANY AND ALL DAMAGE FOUND INCLUDING CUTS, TEARS, BURNS AND/OR BROKEN/MISSING GLASSWARE SHALL BE BILLED TO CLIENTS CREDIT CARD OR CASH ON DEMAND.***

***ESP AND THE PPA/DRIVER IS NOT RESPONSIBLE FOR ANY ITEMS LOST, STOLEN OR LEFT IN THE VEHICLE .***

***THE CLIENT WHO BOOKED & PAID FOR ESP'S SERVICES ARE SOLELY RESPONSIBLE FOR THEIR GUEST AND/OR THE DAMAGE OR MISCONDUCT THEY MIGHT DO.***

***CANCELLATIONS MUST BE MADE A MINIMUM OF 3 DAYS BEFORE THE SCHEDULED PICK-UP DAY OR THE TOTAL AMOUNT OF BOOKED SERVICES WILL BE CHARGED TO THE CLIENT. IF CANELLATION IS MADE BEFOR THE 72 HOUR CUT-OFF A FEE IS 50% OF THE TOTAL SERVICES BOOKED WITH ESP WILL BE CHARGED.***

***CANCELLATION MUST BE IN WRITING, BY EMAIL OR TEXT AND BY PHONE CALL.***


CLIENTS HEREBY WAIVES ANY AND ALL CLAIMS AGAINST ESP AND/OR EMPLOYEES OF COMPANY FOR INJURY, LOSS OR DAMAGE INCLUDING CONSEQUENTIAL DAMAGES TO CUSTOMER PERSON OR PROPERTY FROM WHATEVER CAUSE AND HOWEVER OCCURRING. CUSTOMER HEREBY AGREES IMMEDIATELY UPON DEMAND TO REIMBURSE COMPANY IN FULL FOR ANY ALL DAMAGE OR INJURY TO ANY COMPANY OR AGENT OR EMPLOYEE, OR TO ANY VEHICLE OR OTHER COMPANY PROPERTY WHICH IS CAUSED BY CUSTOMER  CUSTOMER HEREBY ACKNOWLEDGES AND AGREES THAT NO DRIVER OTHER AGENT OR EMPLOYEE OF COMPANY HAS THE POWER AUTHORITY TO MAKE ANY PROMISE OR REPRESENTATION OF ANY NATURE ON BEHALF OF COMPANY, WHETHER ORAL OR WRITTEN, WITHOUT THE EXPRESS WRITTEN CONSENT OF COMPANY.  ESP IS NOT RESPONSIBLE FOR ANY VEHICLE MALFUNCTION OR MECHANIC BREAKDOWNS DURING THE COURSE OF THE SERVICE. 

 

You agree that all of the content and information posted on the Site, including but not limited to our Company profiles/web stores and ratings & reviews (including any ratings and reviews or other content posted by you), is the sole and exclusive property of ESP, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to Company for any such damages, and will indemnify Company in the event of any third party claims against Company based on or arising from your violation of the foregoing. Company reserves the right to revoke your access to the Site and Services at any time. All information about ESP and it's Partners is confidential and for your personal use only. If it is determined or suspected by Company in its sole discretion that you are misusing or attempting to misuse or circumvent the Services, or are using or attempting to use the Services for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, Company reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.

TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO COMPANY AND ITS LIMOUSINE COMPANY PARTNERS, AND TO  CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO COMPANY AND EACH COMPANY SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER. 


POSTING RATINGS AND REVIEWS ON THE SITES.

  1. Company reserves the right, but not the obligation, to refuse to post or to remove any review if Company determines (in its sole discretion) that it contains or features any of the following:       
  2. Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language, hate speech (e.g., racist/discriminatory speech) or references to illegal activity.       
  3. Reviews that are submitted by a reviewer whose personal information does not match our records as someone who completed a booking with Site and the corresponding limousine operator.       
  4. Reviews that do not address the services of the limousine company or reviews with no qualitative value (e.g., "ride has not happened yet ").       
  5. Language that violates the standards of good taste or the standards of the Site.
  6. Comments concerning a different limousine company or any reviewers who are present or former drivers or employees of a limousine company being reviewed.       
  7. Information not related to work requested in the service request.
  8. Statements that are or appear to be false.
  9. Comments that disparage Company.

RATINGS AND REVIEWS ARE NOT ENDORSED BY COMPANY. 

  1. All ratings and reviews of a limousine company displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of Company. Company disclaims any and all representations or warranties with regard to the ratings and reviews.       
  2. Reviews do not reflect the views of Company; its parent, subsidiary or affiliated companies; or its employees, officers, directors, or shareholders.       
  3. Company does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.       
  4. INDEMNIFICATION. YOU AGREE TO INDEMNIFY COMPANY, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE COMPANY SERVICES OR IN CONNECTION WITH THE SITES OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD  PARTY.   
  5. WARRANTY. You acknowledge and agree that the Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and Company's sole obligation to you or any third party for any claim arising out of your use of the Services or the Sites, is that you are free to discontinue your use of the  Services or the Sites at any time. 

  • EXCEPT AS EXPRESSLY SET FORTH HEREIN, COMPANY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT COMPANY SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH  DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.   


  • GENERAL PROVISIONS.
    1. The Terms will inure to the benefit of Company's successors, assigns and licensees.
    2. If any provision of these Terms shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforce-ability of the remaining terms.       
    3. The failure of Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.       
    4. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Sites or Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.       
    5. The section titles in the Terms are for convenience only and have no legal or contractual effect.
    6. The Terms are governed by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely in the State of California and between California residents. You agree to submit to jurisdiction in California and that any claim arising under these Terms will be brought solely in a court in Orange County, CA.


DMCA

If you are a copyright owner or an agent thereof and believe that any submitted content or other content on our Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our designated copyright agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):     

  1. A physical or electronic signature of the copyright owner or authorized agent;
  2. Identification of the copyrighted work(s) claimed to have been infringed;
  3. Identification of the material that is alleged to be infringing or is the subject of the allegedly infringing activity that you desire to have removed or access to which is to be disabled;
  4. Information that is specific and sufficient to permit us to locate the material, including the URL and/or a specific description of where the material is located;
  5. Information reasonably sufficient to permit the service provider to contact you, such as a mailing address, telephone number, or email address;
  6. A statement that the copyright owner or its authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  7. A statement that the information in the notification is accurate, and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

  • You may send the above information to: "ESP" Extra Sensory Protection & Limos, at 8941 Atlanta Ave., #258, Huntington Beach, CA 92646, email: marlo@esp24-7.com. For clarity, only DMCA notices should go to the copyright agent. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Be aware that if you materially misrepresent that a product or activity is infringing your copyrights, you may be liable for any damages (including costs and attorneys’ fees). If you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

Additional Fees


The price quoted for your Service is based on drop off and pick up Time &/or location provided at time of request for Service. Please note that   additional fees and charges may apply to your ride. If you incur additional fees, your credit card will be charged for the actual ride amount (ride estimate + extras – see below for examples) after the ride is complete. The following is a list of additional fees you may incur.


Tolls

   Pricing is based on pick up and drop off locations provided. Please note that tolls are not included in the pricing and you will be billed for any incurred toll charges after the ride is complete.


Stops

Any requested stop during the Service will be billed at the stop rate for the ride selected plus other fees listed in your ride quote. A stop is typically calculated based on 15 minutes of wait time. If your stop is longer, or if your   stop deviates from the original itinerary, your ride may be converted to hourly pricing.


Wait Time

Wait time will be billed at the rate listed in your ride quote, plus other fees listed in your ride quote. Wait time is incurred after 15 minutes from the scheduled pick up time, and is typically billed in 15-minute increments.


Parking

Parking will be billed at the actual cost to the operator plus other fees listed in your ride quote. Parking fees are typically incurred on airport pickups where the airport does not have a waiting lot, or when an inside pick up is requested; or for any requested stop where free parking is not available.


Extra Hours

Additional hours outside the original quoted ride duration shall be billed at the extra hours rate for the ride   selected, plus other fees listed in your ride quote. Extra hours are typically associated with hourly services, and are incurred from the originally scheduled end time. If you do not start your ride on time, but the driver arrives at the scheduled time, and you retain the vehicle for the original number of hours requested, extra hours will be incurred.


Car Seats

Additional charges will apply for each car seat requested plus other fees listed in your ride quote. You can determine the cost and availability of car seats by asking at the time of booking Service.


Meet & Greet Charges

Meet & Greet inside the terminal is available for the Meet & Greet for the Services selected plus other fees listed in your Service quote. When selecting Meet & Greet, you may be liable for parking charges in addition to the Meet & Greet fee.


Fuel Surcharges

Fuel surcharges may be applied when the use of the vehicle is inconsistent with typical service. Examples include but are not limited to round robin use of an hourly Service, Hollywood tours of the homes of stars, mountain   driving, etc. Fuel surcharges will typically be communicated prior to the ride, however, deviations from the specified itinerary or special requests made while in the vehicle may trigger a fuel surcharge.


Clean Up Fees 

Clean up fees may be charged when activity inside the vehicle leaves a residual odor or stains the carpet/upholstery, including but not limited to smoking, spilled food or drinks, foods with a heavy odor and vomit.


Repair Fees

Repair fees may be charges when physical damage is caused to the vehicle including but not limited to rips and tears to the carpet, upholstery, or other soft materials; damage to moldings, door panels or other components.


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