|
All content in the Empire Website (the "Site") is intended
only for residents of the United States. Empire maintains the Site for
your personal use and information.
Your access to and use of the Site is also subject to the following
terms and conditions ("Terms and Conditions") and all applicable
laws. By accessing and browsing the Site, you accept, without limitation
or qualification, the Terms and Conditions and acknowledge that any other
agreements between you and Empire are superseded and of no force or effect.
1. Universal Terms and Conditions. The following policies apply to all
Empire customers:
* Requests for service must be made 24 hours in advance
* Changes and cancellations require 24 hours advance notice on line or
can be made within 2 hours (nationwide) by calling Empire at 1-800-451-5466
or 201-784-1200.
* Full fare, including an 20% gratuity, will be billed if a cancellation
occurs less than 2 hours before the scheduled pick up time or flight
arrival time.
* Requests for service may be denied due to availability
* Empire accepts all major credit cards. Each segment of your reservation
will have an individual confirmation number. If you wish to cancel, each
segment of your reservation will require an individual cancellation number.
* An 20% driver gratuity will be included in your fee when you make your
reservation, together with a 6% surface transportation fee.
* Empire monitors all commercial airline arrivals. A 30-minute grace
period is allowed on all domestic arrivals and 60 minutes on all international
arrivals. After the grace period, waiting time charges will be added
to your fee at the rate of $12.50 per quarter hour.
* A 15-minute grace period is allowed on pick ups other than at an airport.
After the grace period, waiting time will be added to your fee at the
rate of $12.50 per
quarter hour, retroactive to the original pick up time.
* Additional charges apply for extra stops or services.
* Full fare (including an 20% gratuity) will be billed if the passenger
fails to be at the designated driver meeting area. If you cannot locate
your driver please call
Empire at 1-800-451-5466 or 201-784-1200. To avoid being billed as a
no-show, we advise you not to leave your location without communicating
with Empire.
* A $25 surcharge will be added to all bills on the following holidays:
New Years Day, Easter Sunday, Memorial Day, Fourth of July, Labor Day,
Thanksgiving, Christmas Eve after 5 pm, Christmas Day, New Years Eve
after 5 pm.
* Rates are subject to change without notice. Applicable taxes will be
charged as required.
* Empire is not responsible for services delayed or not rendered due
to weather or other circumstances beyond its control.
2. Use of Personal Data.
See Privacy Policy (below)
3. Copyrights, Trademarks and Ownership.
All content of the Site, including software scripts and applets, are
owned by Empire or its affiliates. You may not modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, create derivative
works from, transfer, or sell any information, software, or services
obtained from the Site without the written permission of Empire. You
should assume that everything you see or read on the Site is copyrighted
unless otherwise noted.
Empire neither warrants nor represents that your use of materials displayed
on the Site will not infringe rights of third parties not owned by or
affiliated with Empire.
The trademarks, logos, and service marks (collectively the "Trademarks")
displayed on the Site are the registered and unregistered Trademarks
of Empire and others.
Nothing contained on the Site should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use any Trademark displayed
on the Site
without the written permission of Empire or such third party that may
own the Trademarks displayed on the Site. Your misuse of the Trademarks
displayed on the Site, or any other content on the Site, except as provided
in these Terms and Conditions, is strictly prohibited. You are also advised
that Empire will aggressively enforce its intellectual property rights
to the fullest extent of the law.
4. Disclaimers of Warranties and Liability.
EMPIRE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE
OR THE RESULTS OF THE USE OF THE MATERIALS IN THE SITE IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
EMPIRE AND/OR ITS RESPECTIVE AFFILIATES AND SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES TO THE SITE AT ANY TIME.
ALL INFORMATION, SOFTWARE, AND SERVICES ON THE SITE ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED. EMPIRE,
ITS AFFILIATES AND/OR ITS
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDING, WITHOUT
LIMITATION, ALL IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NON-INFRINGEMENT. IN NO EVENT SHALL EMPIRE, ITS AFFILIATES
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
COVER, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS ARISING OUT
OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY
OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE OR SERVICES
OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE
SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE,
EVEN IF EMPIRE OR ANY OF ITS AFFILIATES OR SUPPLIERS HAS BEEN ADVISED
OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
5. Secure and Lawful Use.
You agree to comply with and abide by any security measures or systems
implemented from time to time by Empire in connection with the Site,
including but not limited to passwords or encryption mechanisms (such
as digital certificates). As a condition of your use of the Site, you
also warrant to Empire that you will not use the Site for any purpose
that is unlawful or prohibited by these Terms and Conditions. You are
prohibited from posting or transmitting any unlawful, threatening, libelous,
defamatory, obscene, scandalous, inflammatory, pornographic, or profane
material or any materials that could constitute or encourage conduct
that would be considered a criminal offense, give rise to civil liability,
or otherwise violate any law. Empire will fully cooperate with any law
enforcement authorities or court order requesting or directing Empire
to disclose the identity of anyone posting such information or materials.
6. Informational Hyperlinks.
The Site may contain hyperlinks to websites operated by parties other
than Empire. Such hyperlinks are provided for your reference only.
Empire explicitly disclaims responsibility for the accuracy, copyright
compliance, or reliability of material provided by or about third parties.
Furthermore, Empire
does not make any representations or warranties as to the security of
any information (including, without limitation, credit card and other
personal information) you might be requested to give any third party,
and you hereby irrevocably waive any claim against Empire with respect
to such other operator or company. Empire strongly encourages you to
make whatever investigation you feel necessary or appropriate before
proceeding with any online or offline transaction with any other operator
or company.
7. Software Available on the Site.
Empire hereby grants to you, the user, a personal, nontransferable license
to use any downloadable software applets ("the
Software") for viewing and otherwise using the Site in accordance
with these Terms and Conditions and for no other purpose.
Please note that all Software, including without limitation all HTML
code, Java Script and ActiveX controls contained in the Site, is owned
by Empire, its affiliates, and/or its suppliers and is protected by copyright
laws and international treaty provisions. Any reproduction or redistribution
of the Software is expressly prohibited by law.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE
TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION
IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING
TO THE TERMS OF THE LICENSE AGREEMENT.
8. Confidentiality.
Any communications or materials submitted to Empire via the Internet
will be treated as non-proprietary and non-confidential. By transmitting
or posting any communications or materials to the Site, you agree that
Empire or any of its affiliates may use your communications or materials
for any purpose, including reproduction, transmission, publication, broadcast
and posting. Empire and its affiliates are free to use any ideas, concepts
or know-how contained in such communications or materials for any purpose
whatsoever including, but not limited to developing, manufacturing, distributing
and marketing products using such information.
9. Use of Empire's Customer Online Services.
The Site is provided solely for assisting Empire's customers in making
legitimate reservations, retrieving online ride receipts or otherwise
transacting business with Empire, and for no other purposes. You agree
to be financially responsible for all of your use of the Site (as well
as for use of your account by others, including without limitation, minors
living with you). You agree to supervise all usage by minors of the Site
under your name or account. You also warrant that all information supplied
by you or members of your household in using the Site is true and accurate.
You understand that overuse or abuse of the reservation request facilities
of the Site may result in your being denied access to such facilities.
10. General.
This agreement is governed by the laws of the State of New Jersey, U.S.A.,
without regard to principals of conflicts of law. You hereby consent
to the
exclusive jurisdiction and venue of courts in Bergen County, New Jersey,
U.S.A., in all disputes arising out of or relating to the use of the
Site. Use of the Site is
unauthorized in any jurisdiction that does not give effect to all provision
of these Terms and Conditions, including without limitation this paragraph.
If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and
liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision and the
remainder of the agreement shall continue in effect.
This agreement constitutes the entire agreement between the customer
and Empire with respect to the Site and supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral, or written, between
the customer and Empire with respect to the Site. A printed version of
this agreement and of any notice given in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating to this
agreement to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in
printed form.
Any rights not expressly granted herein are reserved.
Empire may at any time without notice revise these Terms and Conditions
by updating this page. You are bound by any such revisions and should
therefore, periodically visit this page to review the then current Terms
and Conditions.
PRIVACY POLICY
When you register at the Empire Website, we will respect your privacy
in accordance with the policy set forth in this statement. Empire will
not give your user or name and address information to anyone without
your consent. The information you provide us with is used to help personalize
user information and offers for you. Your name and address information
may be used only for mailing you offers. Your e-mail address is used
for sending you information and updates about Empire's services and the
Website. |