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REFUND
POLICY:
Once you have made a reservation with Marin Door To Door, whether
through our online reservation system, by phone, letter, email
or fax, your reservation becomes "booked." If your plans change and you need
to cancel your reservation, you NEED TO CONTACT MARIN DOOR TO
DOOR within 6 hours of your reservation time. This will enable us to
avoid inconvenience for our other passengers.
If you contact
Marin Door To Door to cancel your reservation before 6 hours
of your reservation pick up time, your reservation will become
cancelled.
In the event that
Marin Door To Door actually owes a refund, it will be paid within 30 days of
the transportation date referred to.
CANCELLATION
POLICY:
Once you have made a reservation with Marin Door To Door, whether
through our online reservation system, by phone, letter, email
or fax, your reservation becomes "booked." If your plans change and you need
to cancel your reservation, you NEED TO CONTACT MARIN DOOR TO
DOOR within 6 hours of your reservation pick-up time. This will
enable us to avoid inconvenience for our other passengers. If
you do not phone Marin Door To Door within 6 hours of such pick-up
time, you will be considered a NO SHOW. All no-shows will be
charged full rate.
RIGHTS AND
OBLIGATIONS OF THE BUYER:
The Buyer must pay the full consideration for this
product that the Seller requires as the total price of the product.
This consideration includes not only the purchase price, but
other obligations that the Buyer accepts as well as potential
rights the Buyer agrees to forego. By accepting this Purchase
Agreement, the Buyer agrees to receive continuing follow-up contact
from the Seller including email, mail, newsletters, product updates, product
recall notices, product improvements, telephone calls from the Seller and/or
telemarketing organizations and/or pollsters for the purpose of solicitation
related to the instant product or any other product or service.
Buyer agrees that all personal information about the buyer or his or her
buying habits and preferences, including address and phone number, may be
placed in a general database and agrees that this information may be shared
to third parties. However, Buyer shall at all times be fully empowered to
sever contact with the Seller by notification using the 'unsubscribe' link
in solicitations. Moreover, the Buyer retains the right to refuse specific
contact with some third party solicitors and maintain it with others. The
Buyer retains the right to have his or her name removed from a general solicitation
database. The Buyer's agreement to accept solicitation and contact may be
reduced, enhanced, limited or terminated by notification to anyone contacting
the Buyer. The burden is on the Buyer to prove that such communication was
made to and received by the person making contact. Buyer agrees that Seller
is not liable for communications made to the Buyer by parties unrelated to
this purchase even though referred by the Seller. Buyer accepts full responsibility
for limiting unsolicited contact and Buyer understands that he/she
retains all rights to directly restrict communication or solicitation from
any party including the Seller.
The Buyer agrees to
allow the Seller to collect, store, and use for marketing purposes all
information collected from, provided by or otherwise ascertained by electronic
means from the Buyer. The Buyer, specifically, and as part of the consideration
paid for this product, waives all right to access, retrieve, or control such
information except that the Buyer retains the right to restrict contact as
described previously.
The Buyer
understands that cookies may be placed on his or her hard drive
that will provide information to the Seller and which are necessary
for delivering an e-product/service and which will be able to
determine if you retain the right to access the product. Buyer
understands that these cookies or other computer codes will
reside on the hard drive and will communicate at times with the Seller's
computer and thereby transmit and receive information.
CREDIT CARD CHARGES
AND CREDIT CARD FRAUD PENALTIES:
Buyer warrants that he or she is over 15
years of age, not subject to the Child Online Privacy Act, of
legal age to enter into contractual agreements in the state in
which he or she is present when you make this purchase, and is
the true and authorized owner of the credit card used to make this purchase.
Any Buyer who violates any of these requirements may be liable for civil
or criminal prosecution and agrees to pay liquidated damages of an amount
the equivalent of US$10,000 per fraudulent transaction, plus actual damages,
and agrees that all information collected by our Web sites may be used for
prosecution and may be turned over to law enforcement agencies or to credit
card companies and merchant service providers.
If the true and/or
authorized owner of the credit card attempts to commit fraud upon the Seller,
he or she authorizes each and every credit card company or merchant service
provider to disclose to the Seller all information that could be construed as
proof of credit card fraud.
Any Buyer who
attempts to perpetrate a fraud upon Seller involving the use of a credit card
herewith gives authorization for the Seller to access all credit information
about the Buyer from credit reporting agencies and also authorizes the Seller
to discover all relevant information from any source about the fraudulent
practices of the Buyer and to reveal such information to credit reporting
agencies, credit card companies, merchant service providers, and law
enforcement agencies.
Buyer agrees that
if he or she causes a fraudulent dispute claim that results in a chargeback
against the Seller's account, that the Seller is authorized to re-charge the
Buyer's credit card that was used for the original purchase to the extent that
will make the Seller whole. Buyer agrees to, in addition to actual damages, pay
to the Seller liquidated damages of an amount equivalent to US$10,000 for every
separate fraudulent action Buyer commits.
GUARANTEE AND
WARRANTY:
This product is sold 'as is' without warranty or guarantee of any
kind, either express or implied, including no warranty as to merchantability or
fitness for a particular purpose. The Seller warrants and guarantees absolutely
nothing. There is no 'warranty period.' Marin Door To Door makes every attempt
to provide reliable services to its passengers. If our driver, for some reason
is unable to show up as scheduled, we will make every attempt to contact the
pick up party for other arrangements to fulfill their travel reservation with
Marin Door To Door. This may involve an emergency taxi pick-up at the cost of
the customer's reservation fare.
If Marin Door To
Door fails to appear for the scheduled pick-up time of the reservation, you
must have documentation proving that you actually booked a reservation with us.
Upon proving failure on the part of Marin Door To Door, Marin Door To Door will
pay our customer we failed to provide services to the reservation fare they
would have paid Marin Door To Door.
If the Buyer is
purchasing, through our sites, a product, including membership,
that is to be provided by a third party, the Buyer must look
to the third party for additional warranties or guarantees,
and understands that the warranties available through this site, if any
are offered or construed, are extremely limited, restrictive, and short.
LIMITATION OF
LIABILITY AND DISCLAIMER:
Buyer warrants an understanding, as required
consideration, that the Seller of this product disclaims all liability for the
product or damages resulting from use or installation or reliance upon this
product for any reason. Buyer alone accepts full responsibility for allowing
others to use this product. Buyer understands that Seller disclaims liability
for any information contained in sales or promotional materials or the product
itself that is unintentionally misleading or incorrect that might cause damage
to Buyer.
Buyer expressly
waives any and all claims for consequential, speculative, and unforeseeable
damages to their computer resulting from the purchase or use of this product or
from subsequent contact with Seller or Third Parties.
Buyer agrees and
understands that, Seller, specifically but not exclusively, disclaims liability
for all damage to Buyer's person or business by using this product, including
harm to buyer's computer hardware or software from worms, viruses, or other
defects in the product or computer codes that cause harm. Seller disclaims
liability for Buyer's interaction with Third Party soliciting agents who were
provided 'leads' by the Seller. Seller disclaims liability for Buyer's
interactions with advertisers on the site. Seller disclaims liability for
Buyer's interaction with other visitors or members of the Web site.
LIMITATION OF
LIABILITY FROM ERRONEOUS PRODUCT CONTENT:
Buyer agrees that the Seller's
total liability, even for erroneous product content that causes damage to the
Buyer, shall be limited to the purchase price paid for the product.
LIMITATION OF
LIABILITY FROM HARM CAUSED BY THE PRODUCT:
In the event an accident takes
place while enroute being transported by Marin Door To Door, passengers will be
covered by insurance carried by Marin Door To Door.
If the Marin Door
To Door vehicle is unable to complete the transport due to accident involving
the vehicle, or mechanical breakdown of the vehicle, Marin Door To Door will
provide completion of scheduled reservation through another Marin Door To Door
vehicle, or through an emergency taxi, at the same fare as purchased through
the reservation.
PRIVACY POLICY
ACCEPTED:
Buyer expressly accepts the terms of the Privacy
Policy of
Seller's Web site by use of our Web sites and/or booking of a
reservation.
TERMS OF USE
ACCEPTED:
Buyer expressly accepts the terms of the Terms
of Use of
Seller's Web site by use of our Web sites and/or booking of a
reservation.
RIGHT TO PUBLISH
SUBMISSIONS:
Buyer agrees that Seller may publish for commercial purposes
the full or partial content of any and all communication with Buyer at the
Seller's sole discretion.
INDEMNIFICATION:
Buyer agrees to indemnify Seller for any
and all damage that Buyer causes by using the product or information
contained on our Web sites that results in a damage award against
the Seller.
ARBITRATION:
As
part of the consideration that the Sellers requires, Buyer agrees to use
binding arbitration for any claim, dispute, or controversy ("CLAIM") of any
kind (whether in contract, tort or otherwise) arising out of or relating to
this purchase, this product, including solicitation issues, privacy issues, and
terms of use issues.
Arbitration shall
be conducted pursuant to the rules of the American Arbitration Association
which are in effect on the date a dispute is submitted to the American
Arbitration Association. Information about the American Arbitration
Association, its rules, and its forms are available from the American
Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York,
10017-4605. Hearing will take place in the city or county of the Seller.
In no case shall
the Buyer have the right to go to court or have a jury trial. Buyer will not
have the right to engage in pre-trial discovery except as provided in the
rules; you will not have the right to participate as a representative or member
of any class of claimants pertaining to any claim subject to arbitration; the
arbitrator's decision will be final and binding with limited rights of appeal.
The prevailing
party shall be reimbursed by the other party for any and all costs associated
with the dispute arbitration, including attorney fees, collection fees,
investigation fees, travel expenses.
JURISDICTION AND
VENUE:
If any matter concerning this purchase shall be brought before a
court of law, pre- or post-arbitration, Buyer agrees to that the sole and
proper jurisdiction to be the state and city declared in the contact
information of the web owner unless otherwise here specified. (San Rafael,
California) In the event that litigation is in a federal court, the proper
court shall be the closest federal court to the Seller's address.
APPLICABLE
LAW:
Buyer agrees that the applicable law to be applied shall, in all cases,
be that of the state of the Seller.
NOTICE:
Buyer
herewith agrees to receive Notice of Changes, Litigation, Service of Process,
Cancellation, Termination, and Modification of service or product at the email
address, phone number, or mailing address provided to Seller on the ordering
page. Further, Buyer agrees that the right to contact Buyer concerning legal
notice shall not be terminated by previously submitted 'unsubscribed' notices
and specifically agrees that any notification to cease contact shall not be
binding upon the Seller in regards to Notice of Change, Litigation, Service of
Process, Cancellation of Product or Service or Membership or Subscription,
Termination of a program, product or Web site, or Modification of the terms of
service or product. Additionally, the Buyer grants Seller irrevocable rights to
contact him or her via mail or telephone concerning any of these issues
irrespective of other rights the Buyer has to sever contact with
Seller.
COSTS:
The
prevailing party to any arbitration or litigation will be entitled to collect
attorney fees and all other costs of the arbitration or litigation, including
filing fees, investigation fees, collection fees, and travel expenses from the
other party.
MODIFICATION:
This Purchase Agreement cannot be modified in
any manner between the Seller and this Buyer unless modifications are made in
writing signed by both parties. However, the Seller may modify this Purchase
Agreement at any time for other Buyers without notice to the instant
Buyer.
ENFORCEABILITY OF
PROVISIONS:
In the event that some provisions, terms, conditions of the
Purchase Agreement are held to be invalid or unenforceable, the remainder of
the provisions that are enforceable shall control. Additionally, Buyer and
Seller agree that, if any provision is found to be invalid or unenforceable,
the arbitrating panel will construe such provision to the maximum extent that
it might be found to be valid or enforceable.
WAIVER OF
BREACH:
The Seller's waiver (failure to enforce) any term of this agreement
shall not be construed as a modification or an amendment to this agreement or
constitute a waiver of other breaches.
SELLER CONTACT
INFORMATION:
The Seller of this product is:
Marin Door To
Door
5 Mitchell Blvd., Suite 1
San Rafael, CA 94903
FINAL
ACCEPTANCE:
By taking the affirmative step of using our Web sites, or
booking a reservation with Marin Door To Door, you, the Buyer,
attest that you have fully read, understand, and accept the terms
of this Purchase Agreement contract, and warrant to the Seller
that said affirmative digital acceptance shall be deemed to be the same as
if you had affixed your signature to this Purchase Agreement contract.
This document is
copyrighted by Internet Law Compliance © 2003 Mining Gold Corporation and
IP Management, LLC and are licensed for use by a single domain.
Click Here for licensing
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