Bauer’s Privacy Policy
Bauer’s Limousine
Service, Inc. (a/k/a. "Bauer’s Intelligent Transportation") (hereinafter "Bauer’s") values the privacy of our users, members, and others who
visit and use www.bauersIT.com, www.bauerswi-drive.org, and its associated
products and services (the "Bauer’s Site")
(collectively or individually "Users").
This statement governs information you provide to us or that we learn from your
use of the Bauer’s Site
and tells you how we may collect, use, and in some instances share this
information.
The
Information Bauer’s
Collects
Bauer’s
utilizes the services of certain third party companies to provide website
hosting, maintenance and security, to offer certain features on the Bauer’s
Site, to assist us in improving the way the Bauer’s Site works and looks, and
to create new features. Some of the information described below will be
collected from you directly by such third parties on our behalf.
User Provided Information:
You may provide to Bauer’s
what is generally called "personally identifiable" information when you
register, such as your name, email address, postal mailing address, home/mobile
telephone number, fax number, credit card number and billing information.
"Cookies" Information:
When you visit
the Bauer’s Site, we may send one or more cookies – a small text file containing a string of alphanumeric
characters – to your computer. Bauer’s
may use both session cookies and persistent cookies. A persistent cookie
remains after you close your browser and may be used by your browser on
subsequent visits to the Bauer’s
Site. By using these cookies, we can “remember” what you have
done on the Bauer’s Site
before and personalize our site for
you. These persistent types of cookies can be removed, but each web browser is
a little different, so please look through your browser “Help” file to learn
the correct way to modify your cookies set-up. Please note that disabling cookies may prevent you from
accessing some of the functionality and site offerings available via the Bauer’s
Site.
"Automatically Collected" Information:
When you visit the Bauer’s Site or open one of our HTML
emails, we may record certain information from your web browser by using
different types of technology, including "clear gifs" or "web beacons". This "automatically
collected" information may include your Internet Protocol address ("IP Address"), web browser type, the web
pages or sites that you visit just before or just after the Bauer’s Site, the pages you view on our
site, and the dates and times that you visit.
The Way Bauer’s Uses Information
Bauer’s uses the information that we collect to provide to you all
of the features and services found on the Bauer’s Site. We will use your email
address, without further consent, for both (i) promotional or marketing
purposes, and (ii) non-marketing or administrative purposes such as notifying
you of major site updates.
Bauer’s may
use all of the information that we
collect from our Users to understand the usage trends and preferences, to
improve the way the Bauer’s Site works and looks, to improve our marketing and
promotional efforts, and to create new features and functionality.
Bauer’s
may use automatically collected
information and cookies information to: (a) remember your
information so that you will not have to re-enter it during your visit or the
next time you visit the Bauer’s
Site; (b) provide custom, personalized advertisements, content,
and information; (c) monitor the effectiveness of our marketing campaigns; and
(d) monitor aggregate usage metrics such as total number of visitors and pages
viewed.
When Bauer’s Discloses Information
Bauer’s may
disclose both personally identifiable and automatically collected information
to affiliated companies or other businesses or persons to process such information
on our behalf, to provide website hosting, maintenance and security, to offer
certain features on the Bauer’s Site, to assist us in improving the way the Bauer’s
Site works and looks, and to create new features. While Bauer’s adheres to the policies set forth in this statement
with regard to your personally identifiable information, THIS PRIVACY POLICY
DOES NOT APPLY TO, and Bauer’s has no control over (and
is not responsible for) the ACTIVITIES of such third party providers.
We may share automatically
collected and other aggregate non-personally-identifiable information with
interested third parties to assist them in understanding the usage patterns for
certain content, services, advertisements, promotions, and/or functionality on
the Bauer’s Site.
Except as otherwise noted
in this Privacy Policy, Bauer’s
does not share personal information about Users with third parties unless doing
so is appropriate to carry out a User’s request or it reasonably believes that
doing so is legally required or is in our interest to protect its property or
other legal rights or the rights or property of others.
We do not share User
information with other third-party organizations for their marketing or promotional
use without your consent or except
as part of a specific program or feature for which you will have the ability to
opt-in.
User
Profile and Password
If you have set up a User
account on the Bauer’s Site (including creation of a username and password), you
have access to your personal information and you may update, correct, or delete
your account information at any time. You
responsible for maintaining the secrecy of your
unique password and account information at all times.
Children
Consistent with the federal Children’s Online Privacy
Protection Act of 1998 (COPPA), we will never knowingly request personally
identifiable information from anyone under the age of thirteen (13) without
requiring parental consent, and no part of the Bauer’s Site is directed to persons under 13.
If you are under 13 years of age, then please do not use or access THE BAUER’S SITE at any time or
in any manner. Any person who provides their personal
information to Bauer’s
through the Bauer’s Site
represents that they are 13 years of age or older.
Third-party
Advertisers, Links to Other Sites
Bauer’s may allow other companies, called
third-party ad servers or ad networks, to serve advertisements within the
Bauer’s Site. These
third-party ad servers or ad networks may use technology to send, directly to
your browser, the advertisements, and links that appear within the Bauer’s Site. They
automatically receive your IP Address when this happens. They may also use
other technologies (such as cookies, JavaScript, or web beacons) to measure the
effectiveness of their advertisements and to personalize their advertising
content.
Bauer’s does not provide any personally
identifiable information to these third-party ad servers or ad networks without
your consent or except as part of a specific program or feature for which you
will have the ability to opt-in. However, please note that if an advertiser
asks Bauer’s to show
an advertisement to a certain audience or audience segment and you respond to
that advertisement, the advertiser or ad-server may conclude that you fit the
description of the audience they were trying to reach.
You should consult
the respective privacy policies of these third-party ad servers or ad
networks. This Privacy Policy does not apply to, and we cannot control the
activities of, such other advertisers or websites.
Our Commitment to Data Security
No data transmissions
over the Internet can be guaranteed to be 100% secure. Consequently, we cannot
ensure or warrant the security of any information you transmit to us and you do
so at your own risk. Once we receive your transmission, we make reasonable
efforts to ensure security on our systems. However, please note that this is
not a guarantee that such information may not be accessed, disclosed, altered,
or destroyed by breach of such firewalls and secure server software. While Bauer’s
adheres to the policies set forth in this statement with regard to THE
information THAT YOU PROVIDE TO US, THIS PRIVACY POLICY DOES NOT APPLY TO, Bauer’s has no control over (and is not responsible for) the security of your personally
identifiable and
automatically collected information that is collected by or disclosed to our
affiliated companies or other businesses or persons to process such information
on our behalf, to provide website hosting, maintenance and security, or to offer certain
features on the Bauer’s Site.
If Bauer’s learns of a
security systems breach, then we may attempt to notify you electronically so
that you can take appropriate protective steps. By using the Bauer’s Site or
providing personal information to us, you agree that we can communicate with
you electronically regarding security, privacy, and administrative issues
relating to your use of the Bauer’s Site. Bauer’s may post a notice on the Bauer’s
Site if a security breach occurs. If this happens, you will need a web browser
enabling you to view the Bauer’s Site. Bauer’s may also send an email to you
at the email address you have provided to us in these circumstances. Depending
on where you live, you may have a legal right to receive notice of a security
breach in writing. To receive a free written notice of a security breach (or
to withdraw your consent from receiving electronic notice) you should notify us
via email at
customerservice@bauerswi-drive.org.
Special Note to International Users
If you are a User
accessing the Bauer’s Site from the European Union, Asia, or any other region
with laws or regulations governing personal data collection, use, and
disclosure, that differ from United States laws, please note that you are
transferring your personal data to the United States which does not have the
same data protection laws as the EU and other regions, and by providing your
personal data you consent to:
the use
of your personal data for the uses identified above in accordance with the
Privacy Policy; and
the
transfer of your personal data to the United States as indicated above.
In the
Event of Merger or Sale
If Bauer’s should ever file for bankruptcy
or have its assets sold to or merge with another entity, information Bauer’s
receives from you through the Bauer’s Site is a Bauer’s asset and may be
transferred.
Changes
and Updates to this Privacy Policy
We may
occasionally update this Privacy Policy. When we do, we will also revise the
"Last Updated" section below. For changes to this Privacy Policy that may be
materially less restrictive on our use or disclosure of personal information
that you have provided to us, we will attempt to obtain your consent before
implementing the change. We encourage you to periodically review this Privacy
Policy to stay informed about how we are protecting the personal information we
collect. Your continued use of the Bauer’s Site constitutes your agreement to
this Privacy Policy and any updates.
Contacting
Bauer’s
If you have any
questions, comments, or concerns about this Privacy Policy, please email us at customerservice@bauerswi-drive.org or
write to us at:
Postal Mail Address: Bauer’s
Transportation, Pier 27, The Embarcadero, San Francisco, CA 94111 USA.
Last Updated March
12, 2009
Bauer’s
Limousine Service, Inc. (BLS) Website Disclaimer
Welcome to the BLS
website (the, "BLS Site). Please read the following terms and conditions
carefully.
Links; Third Party Sites, Products and Services
The BLS Site may include links or references to
other web sites or services. If we provide links or pointers to other websites,
no inference or assumption should be made that BLS operates, controls, or is
otherwise connected with these websites. When you click on a link within the
BLS Site, we will not warn you that you have left the BLS Site and You are
subject to the terms and conditions (including privacy policies) of the
destination website. Please be careful and read the terms of use and privacy
policy of any website before you provide any confidential information or engage
in any transactions. You should not rely on these Terms of Service for another
website. BLS
has no control over, and assumes no responsibility for, the content, privacy policies,
or practices of any third party websites. BY USING THE BLS SITE, YOU EXPRESSLY
RELIEVE BLS FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY
WEBSITE.
Disclaimer and Limitation of Liability
YOU AGREE THAT USE OF THE BLS SITE IS AT YOUR SOLE
RISK AND THAT THE BLS SITE IS PROVIDED "AS IS" AND “AS AVAILBLE”
WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING
THE IMPLIED WARRANTIES OF TITLE, FINESS FOR A PARTICULAR PURPOSE,
MERCHANTABILITY OR NONINFRINGEMENT.
IN NO EVENT SHALL BLS NOR ITS AFFILIATES BE LIABLE
TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT
MAY RESULT FROM THE USE OF OR THE INABILITY TO USE THE BLS SITE, REGARDLESS OF
WHETHER BLS OR ITS AFFILIATES WERE MADE AWARE OF THE POSSIBILITY OF SUCH
DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT
(INCLUDING NEGLIGENCE) OR OTHERWISE.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU
RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS,
EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY
CONTAINED IN THIS TERMS OF SERVICE APPLY TO YOU TO THE FULLEST EXTENT SUCH
LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION
WHERE YOU ARE LOCATED.
Intellectual Property
The BLS Site and all designs, text,
graphics, pictures, information, data, software, digital media sound or video
files, other files and the selection and arrangement thereof (collectively, the
"Materials") are the proprietary property of BLS or its licensors and
are protected by United States copyright, trade dress, patent, and trademark
laws, international conventions, and all other relevant intellectual property
and proprietary rights, and applicable laws. Except as expressly authorized by
BLS, You agree not to sell, license, distribute, copy, modify, publicly perform
or display, transmit, publish, edit, adapt, create derivative works from, or
otherwise make unauthorized use of the Materials on the BLS Site. BLS, its
subsidiaries or affiliated companies and/or third-parties reserve all rights
not expressly granted in these Terms of Service.
BLS, the BLS
logo, and any other product or service name or slogan contained on the BLS Site
(unless otherwise specifically identified) are trademarks of BLS and its
suppliers or licensors, and may not be copied, imitated or used, in whole or in
part, without the prior written permission of BLS or the applicable trademark
holder.
Governing Law
Your use of the BLS Site shall be governed by and
construed in accordance with the laws of the State of California without resort
to its conflict of law provisions. You agree that any action at law or in
equity arising out of or relating to your use of the BLS Site shall be filed
only in the state and federal courts located in San Francisco County,
California and you hereby irrevocably and unconditionally consent and submit to
the exclusive jurisdiction of such courts over any suit, action or proceeding
arising out of your use of the BLS Site.
Questions
Questions or comments about the BLS Site may be
directed to BLS at info@Bauersit.com or at BWT Transportation, Pier 27, The
Embarcadero, San Francisco, CA 94111 USA.
TERMS OF SERVICE
As of March 6, 2009
Welcome to Bauer’s Limousine
Service, Inc. (a/k/a Bauer’s Intelligent Transportation)("Bauer’s:") website and
services. The following terms and conditions of service ("Terms of Service")
apply to all registered users of www.bauersIT.com and
www.bauer wi-drive.org
websites and services (collectively, the "Bauer’s Site"). In the case of any violation of
these Terms of Service, Bauer’s reserves the
right to seek all remedies available at law and in equity for such violations.
These Terms of Service apply to all visits to the Bauer’s
Site, both now and in the future, until modified by Bauer’s.
PLEASE READ THESE TERMS OF SERVICE
CAREFULLY BEFORE PARTICIPATING IN ANY BAUER’S
PROGRAM (AS DEFINED BELOW) AND/OR USING THE BAUER’S
SITE. By clicking the "I Agree" button below, you signify your assent to these
Terms of Service. If you do not agree to these Terms of Service, please click
on the "I Decline" button below and do not participate in a Bauer’s Program and/or use the Bauer’s Site.
The following Terms of Service is a legal contract
between you, a registered user of at least 13 years of age ("You"), and Bauer’s regarding your use of a Bauer’s Program and/or the
Bauer’s Site. If you are under 13 years of age, then please do not use or access THE BAUER’S
Site at any time or in any manner.
1. Bauer’s Programs
Bauer’s operates
various opportunities for You to enroll in programs, including, but not limited
to, the Loyalty Program and the VIP Program (collectively the "Program(s)"),
whereby You can enroll as a registered user and receive a membership card
("Membership Card") and certain other benefits. In order to receive the
benefits of a Program, You must enroll in such Program and become a registered
user.
2. Modification to Terms of Service
Bauer’s reserves
the right, at our discretion, to change, modify and/or to remove portions of
these Terms of Service at any time. You are agreeing to receive notification of
material modifications to this agreement via the email address You provide to Bauer’s upon registration. Any material changes to
these Terms of Service will be automatically effective seven (7) days after
notification to You via the email address You provide to Bauer’s upon registration. If you continue to use
the Bauer’s Site and/or participate in any Bauer’s Program following notification of any
changes to these Terms of Service, your continued use or participation will
mean that you accept these changes and agree to be bound by the new terms.
Pease check these Terms of Service periodically for changes.
Bauer’s reserves the right to discontinue or alter
the terms of any Program at any time, and such change will automatically be effective
seven (7) days after notification to You via the email address
You provide to Bauer’s upon registration.
3. Privacy
Your privacy is important to Bauer’s. Bauers’
Privacy Policy is hereby
incorporated into these Terms of Service by reference. Thus, by agreeing to
these Terms of Service, you agree that your presence on the Bauer’s Site is governed by the Bauer’s Privacy Policy in effect at the time of your
use. Bauer’s agrees to protect your personal
information as described in the Privacy Policy on the Bauer’s
Site.
4. Additional Guidelines
When using a Program and/or the Bauer’s Site, You will be subject to any additional
posted guidelines or rules applicable to specific services and features which
may be posted from time to time (the "Guidelines"). All such Guidelines are
hereby incorporated by reference into these Terms of Service.
5. Links; Third Party Sites, Products and Services
The Bauer’s Site
may include links or references to other web sites or services. If we provide
links or pointers to other websites, no inference or assumption should be made
that Bauer’s operates, controls, or is
otherwise connected with these websites. When you click on a link within the Bauer’s Site, we will not warn you that you have
left the Bauer’s Site and You are subject to
the terms and conditions (including privacy policies) of the destination
website. Please be careful and read the terms of use and privacy policy of any
website before you provide any confidential information or engage in any
transactions. You should not rely on these Terms of Service for another
website. Bauer’s has no control over, and assumes no responsibility
for, the content, privacy policies, or practices of any third party websites.
BY USING THE BAUER’S SITE, YOU EXPRESSLY RELIEVE BAUER’S FROM ANY AND ALL
LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE.
6. Membership Account
a. You must enroll as a registered user to use a Program. You agree to
use any Program in accordance with Bauers’
policies in effect from time to time. You will not use any Program in a manner
that is prohibited by law, rule or regulation.
b. You agree to
(a) provide accurate, current and complete information
about You as may be prompted by any registration forms on the Bauer’s Site ("Registration Data");
(b)
maintain the security of your password and identification;
(c) maintain and
promptly update the Registration Data, and any other information you provide to
Bauer’s, to keep it accurate, current and
complete; and
(d) accept all risks of unauthorized access to the Registration
Data and any other information you provide to Bauer’s.
If You have reason to believe that your account is no longer secure (e.g., in
the event of a loss, theft or unauthorized disclosure or use of your account
ID, password, or any credit, debit or charge card number, if applicable), then
You agree to immediately notify Bauer’s at customerservice@bauerswi-drive.org.
You are solely
responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and You agree to accept responsibility
for all activities that occur under your account or
password.
c. In the event your Membership Card is lost or stolen, upon your
notification to Bauer’s at
customerservice@bauerswi-drive.org, the lost or stolen Membership Card will be
deactivated, and the remaining funds will be moved to another Membership Card
issued to You. You agree to accept
responsibility for LOSSES INCURRED PRIOR TO NOTIFYING BAUER’S OF THE LOST OR
STOLEN MEMBERSHIP CARD.
7. Termination of Membership Account
a. You may terminate your account by contacting Bauer’s at
customerservice@bauerswi-drive.org or by calling 415.522.1212. In the event You terminate your account, the
remaining funds on the Membership Card, if any, will be refunded and credited
back to You on the credit card You used to purchase the Membership Card within
thirty (30) days of such termination.
b. In the event You are enrolled in a Program whereby points or other
benefits are accumulated which can later be redeemed, after your account is
terminated, whether by You or by Bauer’s, You forfeit any unused points or
other benefits.
c. You may give Your tangible Membership Card to another passenger, but
funds cannot be transferred from one Membership Card to another Membership
Card.
d. Bauer’s reserves the right to TERMINATE ANY PROGRAM AND /OR
account at any time, and such change will automatically be effective
seven (7) days after notification to You via the email address
You provide to Bauer’s upon registration. In the event Bauer’s
terminates a Program and/or your account, the remaining funds on the Membership
Card, if any, will be refunded and credited back to You on the credit card You
used to purchase the Membership Card within thirty (30) days of such
termination.
8. Payment for Program
a. Programs allow You to use your VISA, MasterCard, American Express,
Discover and Debit cards to allow You to pay for participation in the Program
via the Bauer’s Site. You must enter your
credit card information each time you make a purchase on the Bauer’s Site. Bauer’s
shall use commercially reasonable efforts to keep all credit card information
confidential in accordance with the Bauer’s Privacy
Policy. Your acceptance of these Terms of Service means Bauer’s will charge all amounts owed by You to the credit card
number provided by You with no further signatures or documentation required.
b. Bauer’s reserves the right to
change the fees for the Programs at any time and such changes will be effective
thirty (30) days after Bauer’s provides You
with notice via the email address You provide to Bauer’s
upon registration.
c. Unless you opt-out at the time you register, Bauer’s will send You a notice to the email address you provide
to Bauer’s upon registration when your Membership Card has a balance of $20.00. When you swipe your Membership
Card in a Bauer’s vehicle and your balance is $5.00 or below, you will be
notified at that point in time of the funds remaining on your Membership Card.
9. Intellectual Property
The Bauer’s
Site and all designs, text, graphics, pictures, information, data, software,
digital media sound or video files, other files and the selection and
arrangement thereof (collectively, the "Materials") are the
proprietary property of Bauer’s or its
licensors and are protected by United States copyright, trade dress, patent,
and trademark laws, international conventions, and all other relevant
intellectual property and proprietary rights, and applicable laws. Except as
expressly authorized by Bauer’s, You agree not
to sell, license, distribute, copy, modify, publicly perform or display,
transmit, publish, edit, adapt, create derivative works from, or otherwise make
unauthorized use of the Materials on the Bauer’s
Site. Bauer’s, its subsidiaries or affiliated
companies and/or third-parties reserve all rights not expressly granted in
these Terms of Service.
Bauer’s, the Bauer’s logo, and any other product or service name
or slogan contained on the Bauer’s Site
(unless otherwise specifically identified) are trademarks of Bauer’s and its suppliers or licensors, and may not
be copied, imitated or used, in whole or in part, without the prior written
permission of Bauer’s or the applicable
trademark holder.
10. Disclaimer and Limitation of Liability
YOU AGREE THAT PARTICIPATION IN A PROGRAM AND/OR
USE OF THE BAUER’S SITE IS AT YOUR SOLE RISK AND THAT ANY PROGRAM AND THE
BAUER’S SITE IS PROVIDED "AS IS" AND “AS AVAILBLE” WITHOUT ANY
WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING THE IMPLIED
WARRANTIES OF TITLE, FINESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR
NONINFRINGEMENT.
IN NO EVENT SHALL BAUER’S NOR ITS AFFILIATES BE
LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND
THAT MAY RESULT FROM THE USE OF OR THE INABILITY TO USE A PROGRAM OR FROM THE
BAUER’S SITE, REGARDLESS OF WHETHER BAUER’S OR ITS AFFILIATES WERE MADE AWARE
OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES
ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. IN NO EVENT SHALL
BAUER’S AGGREGATE LIABILITY EXCEED THE AMOUNT OF FEES PAID BY YOU TO BAUER’S,
IF ANY, IN THE SIX (6) MONTH PERIOD IMMEDIATELY
PRECEDING THE date of the claim.
BAUER’S IS NOT RESPONSIBLE FOR LOSS, THEFT OR
DAMAGE TO ANY ITEMS YOU BRING INTO OR LEAVE IN A BAUER’S VEHICLE.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU
RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS,
EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY
CONTAINED IN THIS TERMS OF SERVICE APPLY TO YOU TO THE FULLEST EXTENT SUCH
LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION
WHERE YOU ARE LOCATED.
11. Mechanical Breakdowns; Delay; Right to Refuse Service
If the Bauer’s vehicle You are riding in experiences
any mechanical breakdown or other delay caused by Bauer’s, other than those due
to traffic conditions, accidents, or any other causes beyond the control of
Bauer’s, Bauer’s agrees to credit back to your Membership Card the amount You
paid for the ride cancelled or delayed. Bauer’s will not be responsible for
delays due to traffic conditions, accidents, or any other causes beyond its
control.
BAUER’S
reserves the right to refuse service as it deems appropriate in its sole discretion.
12. General
These Terms of Service and your use of a Program
and/or the Bauer’s Site shall be governed by and construed in accordance with
the laws of the State of California without resort to its conflict of law
provisions. You agree that any action at law or in equity arising out of or
relating to these Terms of Service shall be filed only in the state and federal
courts located in San Francisco County, California and you hereby irrevocably
and unconditionally consent and submit to the exclusive jurisdiction of such courts
over any suit, action or proceeding arising out of these Terms of Service. If
any provision of these Terms of Service shall be deemed unlawful, void or for
any reason unenforceable, then that provision shall be deemed severable from
these Terms of Service and shall not affect the validity and enforceability of
any remaining provisions. These Terms of Service may be assigned or
transferred by Bauer’s without restriction. You are not
permitted to assign or transfer your rights hereunder without the prior written
consent of Bauer’s. The waiver of a breach of any term hereof shall in no way be construed as a waiver of any other term or
breach hereof.
These Terms of Service, the Privacy Policy and any
additional Guidelines constitute the entire agreement between You and Bauer’s
relating to the subject matter herein (but exclude any services, if any, that
Bauer’s may provide to you under a separate written agreement), and completely
replaces any prior agreements between You and Bauer’s in relation to any Program
and/or the Bauer’s Site. It may not be amended or varied by You except in a
writing, signed by Bauer’s.
13. Questions
Questions or comments about any Programs, the
Bauer’s Site, and/or these Terms of Service may be directed to Bauer’s at
customerservice@bauerswi-drive.org or at Bauer’s Transportation, Pier 27, The
Embarcadero, San Francisco, CA 94111 USA.