Term of Service

Terms of Service

The following terms and conditions govern all use of the 440carservice.com website, 440 c Car Service Phone App and General Services requested via Telephone, E-Mail, Facsimile or Text Message, all content, services and products available at or through the website and establishment, (taken together, the 440 CAR SERVICE NETWORK). The 440 CAR SERVICE NETWORK is owned and operated by 440 car service , Inc. (“440 CAR SERVICE”). The 440 CAR SERVICE NETWORK is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by 440 CAR SERVICE (collectively, the “AGREEMENT”).

Please read this Agreement carefully before accessing or using the 440 car service Network. By accessing or using any part of the 440 car service Network, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the 440 CAR SERVICE NETWORK or use any services. If these terms and conditions are considered an offered by 440 CAR SERVICE, acceptance is expressly limited to these terms.

1. Your Account. If you create an account with the 440 CAR SERVICE NETWORK, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify 440 CAR SERVICE of any unauthorized uses of your your account or any other breaches of security. Eastern will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Reservation, On-Demand Bookings By booking a trip via the 440 CAR SERVICE NETWORK, you acknowlede that you have read, reviewed and agree to 440 CAR SERVICE’s Terms of Service as well as the Rates. All bookings made through the 440 CAR SERVICE NETWORK are subject to availability. 440 CAR SERVICE is not responsible for any delayed pickups due to traffic, accident or lack of availability. 440 CAR SERVICE is not responsible for any other fees incured due to such delays or cancelations which include extra transportation charges, flight cancelation fees or such. By booking the trip with the 440 CAR SERVICE NETWORK, you acknowledge that you have reviewed all the details including scheduled pickup date and time and location.
3. Pricing Price subject to change without notice. Stops, waiting time, tolls and any other surcharges (including overweight and oversize fees) may be added at a later point. You will be advised of these extra charges beforehand.
4. 2.5% NYS Surcharge Chapter 49 of the law of 1999 established the New York Car Service Operators Injury Compensation Fund Inc.(“The Fund”), which requires all car service dispatch bases providing service in New York State to separately charge, collect, and remit to the Fund a surcharge of 2.5% on the gross billings for services provided. The proceeds of this surcharge is administered by the Fund to secure the payment of workers compensation for claims made by car service  operators who are injured while providing service.
5. Credit Card Payment. Optional credit card payments are offered to customers through the 440 CAR SERVICE NETWORK. 440 CAR SERVICE holds the right to precharge any pre-arranged reservation up to the full amount. Credit card payments are usually processed within 1-5 business days but may be processed at a later period.
6. Cancelations Cancelation must be done with a minimum 6 hours notice prior to the scheduled pickup time or before a driver has been dispatched. Any late cancelation is subject to a “Late Cancelation Fee”.
7. Late Cancelation Fee A LATE CANCELATION is considered any reservation canceled without 6 hour notice or on-demand service that is canceled after a driver has been assigned to the booking. Any “Late Cancelation” is subject to a minimum $20 fee for any pre-arranged reservations and $10 minimum for On-Demand bookings. Airport pickups and pickups that are considered “Out-of-Town” can be charged up to the full fare or waiting time.
8. No Show If a passenger fails to meet the driver at the scheduled pickup location and after the initial grace period has expired, the booking will be considered a “No-Show” and subject to any “Late Cancelation Fee”.
9. Refunds/Credits 440 CAR SERVICE will issue full refund for any trip that has been canceled with at least 6 hours notice. Any trip with less than 6 hours notice can be charged a late-cancelation fee. The customer has the right to wave the refund in lieu of a credit good towards a future trip.
10. General Pickups A 5 minute grace period will be provided to you after the scheduled pickup time on all general trips and reservations. After the grace period expires, the driver holds the right to charge any additional waiting time fees. If you do expect a delay please contact us.
11. Airport Pickup Procedure All Flights are closely monitored by our staff and/or your driver. Your driver will be at the airport around the Official Landing Time. At this point, a 30 minute grace period (60 minutes for international flights) will be given to you before any waiting time fees are incurred.

Your driver will try to contact you on your mobile device(if one was provided). If it was not provided, than you should call us at our toll free number +1-718-919-4040 from any public phone. One of our representatives will advise you on where to meet your driver. If you cannot call us, just walk outside to the exit and walk towards the passenger pickup area(Not the Yellow Taxi Stand). Our vehicles will have an 440 car service window sign. The sign should have your name written on it if you provided your name.

If you have selected the “Meet & Greet” service, the driver will meet you inside the airport terminal near the exit outside of customs or by baggage claim for domestic flights. We recommend you to call us at our toll free number as well. The airport can get very crowded and finding your driver can become difficult. There are also unlicensed drivers at the airport that may offer you service. Beware these individuals as they may be uninsured and may overcharge you.

440 CAR SERVICE is not responsible for any airport delays you may encounter (ex:Immigration, Customs, Baggage Claim). Any waiting time due to any delays is subject to extra waiting time fees.

1. Traveling with Children: Although NYC TLC Rules do not require for-hire vehicles to be equipped with child restraint systems, we highly recommend you to request a vehicle with a child seat equipped in it. For an additional $5 per seat, you may request an Infant, Toddler or Booster seat. You may also bring your own seat at no extra cost.
2. Luggage Capacity All vehicle classes are marked with their standard luggage capacity at the time of booking via the 440 CAR SERVICE NETWORK. 440 CAR SERVICE is not responsible for any delays, cancelations or revisions made to your booking due to excess of, or oversized, luggage. Please assure yourself that you book the correct vehicle(s) for your needs.
3. VIP Services/Corporate Account.
   1. Fees; Payment. By signing up for a VIP Services/Corporate Accounts you agree to pay 440 car service the setup fees if any apply, and any other fees if they apply. 440 car service reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. VIP Services/Corporate Accounts can be canceled by you at anytime on 30 days written notice to 440 car service.
   2. Support. VIP Services/Corporate Accounts include access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by 440 car service to respond within one business day) concerning the use of the VIP Services/Corporate Accounts . “Priority” means that support for VIP Services/Corporate Accounts customers takes priority over support for users of the standard, free 440carservice.com blogging services. All VIP Services/Corporate Accounts support will be provided in accordance with 440 car service standard VIP Services/Corporate Accounts practices, procedures and policies.
4. Delivery Service 440 CAR SERVICE is not responsible for any deliveries. 440 CAR SERVICE delviery service is curbside to curbside only. You are solely responsible of content of any package sent for delivery with the 440 CAR SERVICE NETWORK. 440 CAR SERVICE is not responsible for any damages to the package. Should the delivery not be fulfilled for any reason, it is your responsibility to pay for the return.
5. Traveling with Pets Pet friendly vehicles can be requested via the 440 CAR SERVICE NETWORK. You are responsible for any damages made by your pet. A Pet Service fee is charged for all pet transportation with the exception of Service Animals.
6. Third-Party Bookings Any bookings made through third-party agencies are binded to these terms of service. 440 CAR SERVICE does not provide refunds or credits for such bookings. Refund or credit request must be made through the third-party booking agencies.
7. Third-Party Drivers 440 CAR SERVICE will use third party drivers to fullfil bookings. You will be provided with the BASE License # when this occurs beforehand.
8. Responsibility of Website Visitors 440 CAR SERVICE NETWORK may contain web links, images or other third-party content that has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the 440 CAR SERVICE NETWORK, 440 CAR SERVICE does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The 440 CAR SERVICE NETWORK may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The 440 CAR SERVICE NETWORK may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. 440 car service disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
9. Responsibility of Passenger The passenger is responsible to make all attempts of making themselves seen at the scheduled pickup location, being accessible by phone, mobile device or any other means to allow ease of pickup by the 440 CAR SERVICE Driver. Any delays to the scheduled pickup due to the passenger’s inaccessibility, tardiness or requested postponement of service is subject to additional WAITING TIME FEES. The passenger is responsible for any damages caused to the 440 CAR SERVICE vehicle due to the passenger’s own neglect, accident or meaning.
10. Minivans/SUV Service An SUV may be sent without notice in lue of a Minivan for any booking request made for a Minivan
11. Vehicle Images All vehicle images found in the 440 CAR SERVICE NETWORK may differ from the actual vehicle assigned for the booking.
12. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which 440carservice.com links, and that link to 440carservice.com. 440 car service does not have any control over those non-440 car service websites and webpages, and is not responsible for their contents or their use. By linking to a non-440 car service website or webpage, 440 car service does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. 440 car service disclaims any responsibility for any harm resulting from your use of non-440 car service websites and webpages.
13. Copyright Infringement and DMCA Policy. As 440 car service asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by 440carservice.com violates your copyright, you are encouraged to notify 440 car service. 440 car service will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of 440 car service or others, Eastern may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, 440 car srvice will have no obligation to provide a refund of any amounts previously paid to 440 car service.
14. Intellectual Property. This Agreement does not transfer from 440 CAR SERVICE to you any 440 CAR SERVICE or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with 440 CAR SERVICE. 440 CAR SERVICE, 440 car service , INC, 440carservice.com, the 440carservice.com logo, and all other trademarks, service marks, graphics and logos used in connection with 440carservice.com, or the Website are trademarks or registered trademarks of 440 CAR SERVICE or 440 car service’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any 440 CAR SERVICE or third-party trademarks.
15. Force Majeure Events 440 CAR SERVICE may, in an the event of a force majeure event, without notice, cancel, terminate, modify, postpone or delay any reservation without liability. Eastern will not charge the customer and will only provide a refund if the customer had prepaid for the service. 
    Please note: Force Majeure Event means any condition out of 440car service’s control either man made or by nature. Examples of such events are workers strikes, act of god, hurricane, flooding, government or legal shutdown, shortage of fuel, earthquake, war.
16. Changes. 440 CAR SERVICE reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Eastern may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement. 
17. Termination. 440 CAR SERVICE may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your 440carservice.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a VIP Services account, such account can only be terminated by Eastern if you materially breach this Agreement and fail to cure such breach within thirty (30) days from 440 CAR SERVICE’s notice to you thereof; provided that, 440 CAR SERVICE can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. 
18. Disclaimer of Warranties. The 440 CAR SERVICE NETWORK is provided “as is”. 440 CAR SERVICE and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Eastern nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
19. Limitation of Liability. In no event will 440 CAR SERVICE, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interuption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Eastern under this agreement during the twelve (12) month period prior to the cause of action. Eastern shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
20. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Eastern Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
21. Indemnification. You agree to indemnify and hold harmless 440 CAR SERVICE, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
22. Miscellaneous. This Agreement constitutes the entire agreement between 440 CAR SERVICE and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of 440 CAR SERVICE, or by the posting by 440 CAR SERVICE of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; 440 car service may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.