IT Curves, Inc.
Terms of Service
MARS Usage Terms
Update Version: September 2, 2015
User Rights & Responsibilities
PLEASE NOTE YOU ARE RESPONSIBLE TO READ THE TERMS CAREFULLY BEFORE ACCESSING AND USING THE SERVICES FOR THE FIRST TIME AND THEREAFTER EACH UPDATE. Your establishment of a User account and use of the IT Curve’s booking app, Mobile App Roaming System (MARS), binds you to a legal contract between IT Curves, Inc., a Maryland company, and you (“User“). It shows you understand this Agreement and accept all the Terms therein, and your acceptance is limited to these Usage Terms. If you do not agree to the Terms, you may not access or use the Services. The current Usage Terms override all previous version agreements between IT Curves, Inc. and User. It is our right to modify the Terms of this Agreement at any time, and will change the above date to reflect the most recent modifications made. Your continued use of MARS following revisions shall constitute your acceptance to any changes made therein.
IT Curves, Inc. Information
IT Curves is a Technology provider that allows a MARS User to place their transportation order with a local user-selected Transportation Service Provider (TSP). MARS provides service to multiple TSPs and will only work with participating licensed TSPs with agreed-upon roaming rules. MARS is a trip booking app for smart phones, and is designed to seamlessly connect passengers across the country with participating TSPs that serve their local area. MARS connects you to local service providers, and MARS is only a method of booking via smart phone or tablet.
IT Curves does not manage or conduct the chosen TSP’s service or their quality of services. They operate under their own Terms of Service, and MARS User is encouraged to read them on the TSP website. MARS does not interfere with TSP dispatch policies and allows each TSP to operate within its own regulations.
User needs to check driver rating, and check transportation service provider Web sites for more information.
User Information & User Accounts
In order to access and use the MARS, User must register for and keep up to date an active personal User Account. You are responsible for maintaining accurate current information. You are the only authorized User, and as such, are responsible for keeping User password confidential to access User Account. You are solely responsible for every activity pertaining to User Account, and IT Curves, Inc. cannot be held accountable for any unauthorized use of your Account. In the case of suspicious activity, User is required to contact IT Curves, Inc. immediately.
User Information pertains to any information given for User Profile or posted (e.g. feedback in MARS).
IT Curves, Inc. has User permission to use this information to set up User Account that will permit you to utilize MARS Services completely. You agree to royalty-free use of User submitted Information by IT Curves, Inc. for advertising, publicity or to put into practice(e.g., suggestions made, or reviews given).
As a User, you attest that you are at least 18 years of age, and can be bound to this legal contract. Any minors under the age of 18, may only use MARS with your sole permission to do so. However, the chosen TSP Terms of Service apply and need to be read.
MARS Users who have had their Account temporarily suspended or permanently deactivated may not access or use the App.
It is understood that MARS User will receive various necessary communications (e.g., push notifications, text messages, email and calls to the User listed cell phone number. It should be noted that this may result in additional charges to your cell phone bill. Follow unsubscribe prompts to opt-out of promotional marketing only. You acknowledge that opting out of receiving promotional messages may impact your use of the Services.
User submitted materials are subject to monitoring for violations of the Terms or for reasons not to be published (e.g., illegal, obscene, offensive, or threatening), and may be removed without notice. User is responsible for the accuracy of all comments published and email addresses used. Any transmissions should not harm or disrupt the IT Curves, Inc. website or MARS Services powered by IT Curves, Inc..
MARS requests feedback via push notification on how drivers are doing upon completion of every ride. It is a great tool for choosing the next vehicle so that the MARS User has the best experience possible. Rating of TSP vehicles and drivers help ensure that the User and the TSP are apprised of any problems that may need prompt attention, and helps Drivers see how they are doing. It holds Taxi Drivers accountable for their customer service and also allows Taxi Drivers to strive to receive recognition for the quality of their services rendered. User is encouraged use these ratings to help choose their next vehicle Driver.
MARS is powered by IT Curves. User reservations can be made for a taxi, limo, shuttle, hybrid, SUV, even wheelchair-accessible vans, 24 hours a day, seven days a week. MARS will try to locate a licensed participating TSP vehicle within 60 seconds, but if not possible, requests User to be placed in a queue. MARS does all reasonable effort to find the User a vehicle to book for a trip.
A MARS User has the right to use the App to select another participating licensed transportation service provider (TSP) using MARS or powered by IT Curves. User acknowledges that another TSP operates under their own company’s Terms of Service, and that IT Curves, Inc. Terms only pertain to booking. User’s choice to use another TSP shall constitute acceptance that IT Curves, Inc. is not liable or responsible for any of their services or products. IT Curves, Inc. exudes no control over another TSP, and therefore, will be unaware of any transaction and therefore not liable for other TSP transactions. Please be advised that Taxi Drivers are often Independent Contractors determining their own hours of operation and their own conduct.
User can choose the preferred TSP, as well as preferred vehicle type. Users can also choose between 3-step booking or more comprehensive choices. User can save favorite and recent addresses for faster future booking. User can book a trip now or for in the future. User can view other information provided by chosen TSP (e.g. Driver Profiles, Vehicle Location and Tracking with Estimated Arrival Time). User can book trips for friends and family or package delivery with detailed driver instructions.
Estimated fares and other information provided by the chosen TSP can be viewed on MARS. The chosen TSP has their own Terms of Service regarding fares and payments. Please see the chosen TSP Terms of Service. IT Curves, Inc. cannot be held responsible when a TSP Terms of Service are being used.
MARS offers the User secure registration of credit cards. Payments are subject to TSP’s Terms of Service.
Sensitive credit card data is stored with the processor, not on MARS and may only be used with participating TSPs.
Payments with MARS are received by each TSP directly. User can pay securely with MARS or in vehicle with cash, vouchers or credit card per TSP own Terms of Service.
MARS User can add multiple cards to customer profile, but is required to keep these current and updated.
If offered by the chosen TSP, MARS User can enter promotional codes and credits for full or partial fare payment.
MARS User can receive email receipts for each trip or credit card payment.
User can also add optional driver tip directly within MARS. Let it be noted that this is not mandatory, but voluntary.
IT Curves, Inc. cannot not guarantee that User Service will be secure, problem-free, punctual, or nonstop, or that the final outcome from usage of this site will be precise or dependable from the chosen TSP. The services rendered are “as is” and “as available” from chosen TSP. IT Curves, Inc. cannot guarantee suitability, safety, quality or ability of third party TSPs. User assumes sole responsibility in any risk resulting from choosing to use third party TSPs.
Limitation of Liability
IT Curves, Inc. shall not be liable for indirect, incidental, special, exemplary, punitive, or significant damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the services, even if IT Curves, Inc. has been advised of the possibility of such damages. IT Curves, Inc. shall not be liable for any damages, liability or losses resulting out of: your use of or dependence on the services or your inability to access or use the services; any transaction or relationship between you and any third party provider, even if IT Curves, Inc. has been advised of the likeliness of such damages. IT Curves shall not be liable for delay or bungle in execution resulting from causes beyond IT Curve, Inc.’s reasonable control. In no event shall IT Curves, Inc.’s total liability to you in connection with these services for all damages, losses and causes of action surpass five hundred U.S. dollars (US $500). Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
MARS may be used by you as a booking app to request and schedule transportation or goods with third party TSPs, but you agree that IT Curves, Inc. has no responsibility or liability to you related to any transportation, or goods provided to you by third party TSPs other than as expressly set forth in these terms.
Per User Agreement to indemnify and defend IT Curves, Inc., officers, agents, directors and employees from any claim or demand, including reasonable attorney fees made by any third party due to or originating out of User violation of these Terms of Service or the documents they incorporate by reference, User violation of any law or the rights of a third party, your usage of the Services including goods received via the Services, and IT Curves, Inc. usage of User content.
It is our right to make modifications to these Terms of Service at any time, and the date above will reflect the latest update. User will be notified of any changes, and any changes take effect upon posting them to this site.
For questions concerning IT Curves, Inc. Terms of Service, User is encouraged to email: firstname.lastname@example.org
TEXT MESSAGING. other possibility?
By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from IT Curves at any time by texting the word STOP to 89203s from the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.