Description of Services
The Site provides you with access to a variety of resources, including product and services information (“Services”). The Services are subject to these TOU.
Registration, Password, and Security
If any of the Services requires you to login, you must complete the registration process by providing us with current, complete and accurate information as prompted by the registration form. You also may choose a password and a user ID. You are entirely responsible for maintaining the confidentiality of your password and user ID. Furthermore, you are entirely responsible for any and all activities that occur under your user ID. You must notify us immediately of any unauthorized access or use of your user ID or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or user ID, either with or without your knowledge.
You shall indemnify, defend (at Montgomery Lane’s option) and hold harmless Montgomery Lane and its respective officers, directors, employees, agents, successors and assigns from and against any and all liabilities, expenses (including legal fees), damages, penalties, fines, social security contributions and taxes arising out of or related to your breach of your representations, warranties or obligations under this Agreement, or a claim by a third party directly or indirectly related to your provision of Montgomery Lane Services or use of the Montgomery Lane Services. This indemnification provision shall not apply to your breach of any representations regarding your status as an independent contractor.
Limitation of Liability
Montgomery Lane WILL NOT BE LIABLE FOR ANY OF THE FOLLOWING, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF DRIVER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ANY INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER INDIRECT DAMAGES OF ANY TYPE OR KIND, OR YOUR OR ANY THIRD PARTY’S PROPERTY DAMAGE, OR LOSS OR INACCURACY OF DATA, OR LOSS OF BUSINESS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE. EXCEPT FOR COMPANY’S OBLIGATIONS TO PAY AMOUNTS DUE TO YOU. IN NO EVENT SHALL THE LIABILITY OF Montgomery Lane EXCEED THE AMOUNT OF SERVICE FEES ACTUALLY PAID TO OR DUE TO Montgomery Lane IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
Either party may terminate without cause at any time. Montgomery Lane may deactivate your ID immediately, without notice, with respect to you in the event you no longer qualify under applicable law or the standards and policies of Montgomery Lane to provide Montgomery Lane Services or to operate the Vehicle, or are not properly insured. Upon termination, you shall immediately delete and fully remove the App from any of your devices. Your outstanding obligations under these TOU survive termination.
You agree that any dispute, claim or controversy arising out of or relating to these TOU or the breach, termination, enforcement, interpretation or validity thereof or the use of the Montgomery Lane Services ("Disputes") will be settled by binding arbitration between you and Montgomery Lane, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Montgomery Lane are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Montgomery Lane otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this section will be deemed void. Except as provided in the preceding sentence, this section will survive any termination of these TOU. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section.
These TOU shall be governed by the laws of the State of New York, USA, excluding its conflicts of laws principles. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these TOU or your use of the Montgomery Lane Services shall be filed only in the state or federal courts located in the State of New York, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
No Unlawful or Prohibited Use
As a condition of your use of the Montgomery Lane Services, you will not use the Montgomery Lane Services for any purpose that is unlawful or prohibited by these TOU. You may not use the Montgomery Lane Services in any manner that could damage, disable, overburden, or impair any Montgomery Lane server, or the network(s) connected to any Montgomery Lane server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other user IDs, computer systems or networks connected to any Montgomery Lane server or to any of the Montgomery Lane Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Montgomery Lane Services.
Removal of Proprietary Notice and other Restrictions
You agree not to remove any proprietary notices from materials you obtain through the Montgomery Lane Services, including but not limited to, copyright or trademark notices. You may not reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Montgomery Lane Services except as expressly permitted by Montgomery Lane; decompile, reverse engineer or disassemble the Montgomery Lane Services except as may be permitted by applicable law; link to, mirror or frame any portion of the Montgomery Lane Services; cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Montgomery Lane Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Montgomery Lane Services; or attempt to gain unauthorized access to or impair any aspect of the Montgomery Lane Services or its related systems or networks.
Montgomery Lane makes no representation that any materials or Services are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Riders who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.
The Services are for your personal use, or the use of your employer. Except as otherwise expressly stated, you may not publish, license, create derivative works from, or sell, any information, software, products or services obtained from the Services.
No Unlawful or Prohibited Use
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these TOU. You may not use the Services in any manner that could damage, disable, overburden, or impair any Montgomery Lane server, or the network(s) connected to any Montgomery Lane server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other user IDs, computer systems or networks connected to any Montgomery Lane server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
Removal of Proprietary Notice
You agree not to remove any proprietary notices from materials you obtain through the Services, including but not limited to, copyright or trademark notices.