Last Updated: 16 March 2016
1. GENERAL CONDITIONS OF USE
1.1 Defined Terms
For the purposes of this Agreement, the following terms shall have the meaning ascribed to them herein:
“AAA” shall mean the American Arbitration Association.
“Agreement” shall mean this legally binding Terms of Service agreement between you and the Owners.
“Carpooling” shall mean the sharing of a Vehicle by a Driver carrying a Passenger in connection with a Trip for non-commercial purposes.
“Community” shall mean a selection feature of the Site which enables a User to access Carpooling postings in a particular organization, company and/or geographical area, as available at such time.
“Confidential Information” shall have the meaning ascribed to it in Clause 7.4.
“Driver” shall mean an individual using the Site to offer a Carpooling service to a Passenger or more and to transport such Passenger(s) to a given destination at an agreed time, even if such individual does not in fact transport such Passenger(s).
“Harvard” shall mean the Social and Behavioral Sciences Department at the Harvard T.H. Chan School of Public Health.
“Information” shall have the meaning ascribed to it in Clause 2.1.
“Monetary Contribution” shall mean the transaction value agreed between a Driver and a Passenger in connection with a Trip as a way to share Vehicle Expenses relating to such Trip.
“Owners” ”shall have the meaning ascribed to it in Clause 1.2.
“Partner” shall mean any third party that has, directly or indirectly, assisted and/or advised the Owners in the creation, development, delivery, maintenance, operation, marketing or promotion of the Site or the Service, including, without limitation, vendors, suppliers, licensors, organizations, strategic and/or commercial partners and their respective employees, consultants, members, students and/or any other individuals affiliated with such parties.
“Passenger” shall mean an individual who has agreed using the Service to travel with a Driver in connection with a Trip.
“Private Community” shall mean a Community which is only accessible to Users with a specific e-mail address as determined by us in our sole discretion.
“Public Community” shall mean a Community that is accessible to any User, whether at the time of registration or thereafter, who has a valid and verified PayPal account
“Service” shall mean any service provided through the Site to any User, including, without limitation, posting and booking a Trip.
“Site” shall have the meaning ascribed to it in Clause 1.2.
“Trip” shall mean a Carpooling journey agreed through the Site by a Driver and a Passenger or Passengers.
“User” shall mean a Passenger, Driver or any other registered user of the Site.
“User Account” shall mean an account with the Site created by a User and used in order to access the Service.
“Vehicle” shall mean an automobile or van which is either owned by a Driver or such Driver has the legal right to operate it, and which is offered by such Driver through the Site in connection with a Trip.
“Vehicle Expenses” shall mean (i) all expenses incurred by the Driver relating to the Vehicle in connection with a Trip, including, without limitation, fuel, fees, tolls, surcharges and a reasonable allocation of maintenance, repairs, taxes, depreciation and insurance costs; or (ii) if the Trip has been arranged as set out under Clause 3.5, the total fare.
Any of the defined terms herein may also be used in the plural form in this Agreement.
1.2 Scope of this Agreement
This Agreement shall apply to all Internet, Carpooling and related services provided by Better Communities, Inc. (the “Owners”, “we”, “us”, “our”) and constitutes a legally binding agreement between us as owners and you as User (“you”, “your”) that governs your use of the Site and the Service.
We provide an online platform through which Users can post and/or book Carpooling listings in connection with proposed Trips, as Driver or Passenger, accessible at the website, related applications for mobile devices and any other websites or infrastructure through which the Owners make the Service available (collectively, the “Site”).
YOU UNDERSTAND AND AGREE THAT WE DO NOT PROVIDE TRANSPORTATION SERVICES AND WE ARE NOT A TRANSPORTATION CARRIER. USERS MAY LEARN ABOUT CARPOOLING OPPORTUNITIES DIRECTLY FROM EACH OTHER AND IT IS EXPRESSLY UP TO SUCH USERS TO OFFER OR SEEK TRANSPORTATION SERVICES, AS THE CASE MAY BE, WHICH MAY BE ARRANGED THROUGH THE SITE. WE ONLY OFFER INFORMATION AND A METHOD TO OBTAIN SUCH SERVICES BUT WE DO NOT (AND HAVE NO INTENTION TO) PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS EITHER A TRANSPORTATION CARRIER, PROVIDER OF A TAXI SERVICE, BROKER, INSURER OR AGENT TO ANYONE IN RELATED ACTIVITIES. WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY ANY USER OR THIRD PARTY.
WE DO NOT CHARGE FOR ACCESS TO THE SITE AND THE SERVICE. WE HAVE NO CONTROL OVER THE CONDUCT OF USERS, THE SERVICE OR ANY VEHICLE AND WE DISCLAIM ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-sublicensable, revocable and non-transferrable license to access and use any content, information and related materials that may be made available through the Site, in each case solely for your personal, non-commercial use. Any and all rights not expressly granted herein are reserved by the Owners.
1.3 Your Acceptance of the Conditions
IF YOU DO NOT AGREE TO BE BOUND BY THE CONDITIONS YOU HAVE NO RIGHT TO OBTAIN INFORMATION FROM, OR OTHERWISE USE, THE SITE AND THE SERVICE.
1.4 Modifications of the Conditions, the Site or the Service
We reserve the right, at our sole discretion, to modify the Conditions, the Site or the Service at any time and without prior notice. If we perform such modifications we shall either post the modification on the Site or otherwise take reasonable steps to provide you with notice of the modification. You shall be responsible for regularly reviewing this Agreement. By continuing to access and/or use the Site or the Service after we had posted a modification as outlined herein, you are indicating that you agree to be bound by the modified Conditions. If the modified Conditions are not acceptable to you, your only recourse is to cease using the Site and the Service.
2. USE OF THE SERVICE
2.1 User Account and Information
In order to use the Service,
- each Private Community User must first create a User Account and agree to provide certain personal information requested by us, including login and password;
- each Public Community User must sign-in using his or her own PayPal account, in which case his or her login and password shall be the same as his or hers PayPal login and password (neither of which will be known to us), provided that his or hers bank account details and/or personal identity have been previously verified by PayPal. Every User that uses PayPal hereby also consent to any additional requirements that PayPal may impose on its users, particularly regarding Eligibility for PayPal Services as specified in Section 2.1 of the PayPal User Agreement (including, without limitation, legal age and residence in any of the qualifying countries).
Unless expressly agreed by us, Users are limited to one User Account per User.
For the purposes of this Agreement, “Information” shall mean any and all information, personal or otherwise, that you provide to us and other Users in connection with accessing and using the Site and/or the Service. You consent to us using your Information to create the User Account that allows you to use the Site and the Service. You may choose to provide, at your sole discretion, additional information, such as your cellular telephone number, personal picture and details of each Vehicle you may use in connection with a Trip, as a way to enhance the functionality of the Service.
You are the sole authorized user of your User Account. You are responsible for maintaining the confidentiality of any password provided by you or by us to you for accessing the Site and the Service, or your PaylPal account details, as the case may be. You are solely and fully responsible for all activities that occur under your User Account, and we expressly disclaim any liability arising from the unauthorized use of your User Account. Should you suspect that any unauthorized party may be using your User Account or you suspect any other breach of security, you must notify us immediately through our Contact Page.
By making available any Information on or through the Site and/or the Service, you hereby grant to the Owners a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view and otherwise exploit such Information to promote and/or market the Site and/or the Service. We do not claim any ownership rights in any such Information and nothing in this Agreement will be deemed to restrict any rights that you may have to the usage and exploitation of any such Information.
You acknowledge and agree that you are solely responsible for all Information that you make available through the Site and the Service. Accordingly, you represent and warrant that: (i) you are either the sole and exclusive owner of all Information that you make available through the Site and the Service or you have all rights, licenses, consents and releases that are necessary to grant the Owners the rights in such Information, as contemplated by this Agreement; and (ii) neither the Information nor your posting, uploading, publication, submission or transmittal of the Information or our use of the Information (or any portion thereof) on, through or by means of, the Site and the Service shall infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
2.2 User Eligibility
The use of the Site and the Service is limited to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Site is not available to persons under the age of 18 at the time of registration or Users who have had their User Account deactivated, whether temporarily or permanently. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the Conditions. While we have no obligation to verify your eligibility to use the Site or the Service, in certain instances you may be asked to provide proof of identity and age to access or use the Site or the Service, and you agree that you may be denied access to or use of the Site or the Service if you refuse to provide proof of identity.
2.3 Accuracy of Information
You are solely responsible for the Information and your interactions with other members of the public and any Community, and we act only as a passive platform for your online posting of your Information. You agree and accept to provide and maintain accurate, current and complete Information when setting up your User Account, posting information on the Site in connection with a Trip or Vehicle, or at any other time, and that we and other members of the public may rely on your Information as accurate, current and complete in all respects.
You agree and accept that all of the information you provide us when setting up your User Account and at any other time will be true, complete and accurate in all respects. You also agree that any information supplied to us or posted on the Site in connection with a Trip or Vehicle will be true and accurate. You expressly acknowledge and agree that we shall not be liable to any User or anyone in the event that any information provided by you is incomplete, inaccurate, misleading or fraudulent.
Upon creating your User Account as a Private Community User, you will be given access to your Private Community as well as selected Public Communities, which will enable you to review, upload and select any Carpooling postings in such Communities. As a Public Community User, you can select amongst the available Public Communities, which will enable you to review, upload and select any Carpooling posts in such Communities.
Any User may select or change the selection of any Public Communities at any time. For better Service functionality, we recommend that you make such selection(s) based on your personal preferences and lifestyle, including going from and returning to your home, neighborhood, place of work, school or university, shopping area or any other commonly used area or location.
We reserve the right, at our sole discretion, to change the settings of any Community at any time and for any reason. In order to facilitate meetings between Users in connection with a Trip, we may also designate specific pick up points within each Community, with related information made available through the Site. We reserve the right to change the location of specific pick up points at any time and with or without reason.
2.5 No Endorsement
We do not endorse any User or Vehicle. Any images posted on the Site are not an endorsement by us of any User or Vehicle. You are required by this Agreement to provide accurate information. Although we may undertake additional checks and processes designed to help verify and check the identities or backgrounds of Users, for instance by having Public Community Users accessing the Site only through a verified PayPal account, we do not have any duty to do so and do not make any representations about, confirm or endorse any User or the User’s purported identity or background.
Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof or any affiliation therewith by the Owners. We reserve the right to allow the posting of advertisements on the Site at any time.
2.6 No Charge
We do not charge for access to the Site and the Service. However, we may request from time to time a monetary donation from Users to assist us in funding the expenses relating to the development, maintenance and operation of the Site and the Service. The amount you may wish to contribute in such donation, if any, shall be discretionary and completely up to the User. For the avoidance of doubt, a donation shall NOT be a condition in any way and at any time for you to use the Site or the Service.
We believe that increasing the number of Users improves the functionality and effectiveness of the Site, the Service and related User experience, through, inter alia, greater convenience for Users, an increase in the number of Carpooling postings and opportunities to contribute towards Vehicle Expenses. In order to promote the Site and the Service within a specific Community, we rely primarily on targeted e-mail campaigns and Users’ “word of mouth”. We may also use selected Partner(s) to assist us in such efforts, through their own means or otherwise, at any time and at our sole discretion.
2.8 Owner Communications
By becoming a User, you expressly consent and agree to accept and receive communications from us, including via e-mail, text message, calls and push notifications to the cellular telephone number you may have provided to us, in connection with the Service, the Site, a Trip or any other purpose (commercial or otherwise). If you do not wish to receive any of our communications do not proceed with the creation of your User Account, or alternatively you may inform us of your intention to close it via the Contact Page.
2.9. Harvard Study
Harvard is conducting a study on carpooling and social interactions in selected communities over time. You may decide to participate in such study through the link provided in the welcome e-mail sent upon registering to the Site or as outlined in subsequent communications from us. While you may be asked to provide some personal contact information in connection with the study, all responses shall be treated as confidential. It will be used exclusively by Harvard for research purposes only, including, without limitation, the publication of related research papers.
3. USER CONSIDERATIONS
3.1 Restricted Activities
As a strict condition for your use of the Site and the Service, you expressly agree and undertake that you shall not:
- violate any applicable local, state, provincial, national, or other law or regulation, or any order of a court, and in case of a multi-state transportation, any combination of applicable laws;
- use any Information that you may have gathered from other User(s) in connection with a Trip, via the Site, e-mail communication or otherwise, except for the sole purpose of coordinating and completing such Trip, as agreed with such User(s);
- create a User Account in order to impersonate another person or entity;
- transfer or sell your User Account to any another party;
- contact a User for any purpose other than requesting information relating to a Trip or such User’s use of the Site and the Service in connection with a Trip;
- post any Trip with false or misleading information, or post any Trip with a price that you do not intend to honor;
- rent, lease, lend, sell, redistribute or license the Site itself and/or access to any portion thereof;
- interfere with or damage the Site or the Service, including, without limitation, through the use of viruses, bots, pings, Trojan horses, harmful code, denial-of-service attacks, spoofing, forged routing, e-mail address information or similar methods, means or technology;
- interact with other Users in a manner which is false, inaccurate, misleading, libelous, defamatory, abusive, profane, discriminatory, of a sexual or harassing nature, threatening or illegal in any way;
- engage in any illegal activity, including, but not limited to, carry any illegal weapons or illegal substances in any Trip;
- consume any alcoholic beverages during the Trip; the Driver (or Passenger) is entitled to refuse transportation at his or her discretion if any Passenger(s) (or Driver) appear intoxicated;
- infringe upon the rights of any person or entity, including, without limitation, their intellectual property, privacy, publicity or contractual rights;
- manipulate information or identifiers in order to disguise the origin of any information transmitted through the Site;
- obtain information from other Users or use it for any purpose than what was agreed with the User in connection with a Trip, including, without limitation, share or disseminate such information with third parties;
- copy, use, display, mirror or frame the Site or the Service, or any individual element within the Site or the Service; our name, our trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site or the Service, without our express written consent;
- avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by the Owners, our Partners or any other third party (including another User) to protect the Site and the Service;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or the Service;
- create liability for us or cause us to become subject to regulation as a transportation carrier or provider of a taxi service; or
- advocate, encourage or assist any third party in doing any of the foregoing.
We have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Any breach or suspected breach of these Conditions may give rise to immediate suspension of your User Account and you may be restricted from accessing the Site and the Service as a result.
3.2 Driver Representation and Warranties
By acting as a Driver in connection with a Trip, you represent, warrant and agree that:
- you possess a valid driver’s license and are authorized and medically fit to operate the Vehicle;
- you shall not use the Site or the Service in any commercial or professional capacity, including, without limitation, charging for other services or charging a price which exceeds your reasonable estimate of the Vehicle Expenses and results in a profit in connection with such Trip;
- you shall not take any unreasonable risks while driving nor consume any alcoholic products or drugs (whether recreational or prescription) that may objectively impair or alter your ability to drive safely;
- you shall not use your mobile communications device in a manner that would endanger your safety and that of the Passenger(s), and whenever possible shall refrain from using such device altogether while driving in connection with the Trip;
- you own or have the legal right to operate the Vehicle (including, without limitation, via a rental or lease agreement, including a hire-purchase agreement); and that such Vehicle is in good operating condition, cleanly and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind; you shall not transport more passengers than can securely be seated in the Vehicle as defined in any applicable Vehicle manual(s);
- you have a valid policy of liability insurance that names you as the operator of the Vehicle to cover the Trip and any Carpooling listings posted or booked through the Site; any Passenger(s) shall be entitled, without cause, to request evidence of your certificate of insurance, vehicle registration certificate and driver’s license at any time up to the completion of the Trip;
- you will be solely responsible for any and all liability and damages that result from, or are alleged to result from, your participation in a Trip, including, without limitation, personal injuries, death and property damages caused to any User and/or third party individuals or entities;
- in the event of any accident involving the Vehicle you shall be solely responsible for compliance with any applicable statutory and/or department of motor vehicles requirements, for reporting the accident to your insurer in a timely manner and for all necessary contacts with your insurance carrier;
- you shall not attempt to defraud any Passenger with your provision of the Carpooling Service;
- you shall comply with all applicable laws, rules and regulations while providing the Service and you shall be solely responsible for any violations of such provisions;
- you shall not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation; and
- you will comply with the clause 3.4.2 to the maximum extent permissible by law.
Any breach of these Conditions may give rise to immediate suspension of your User Account and you may be restricted from accessing the Site and the Service as a result.
3.3 Driver Insurance
It our understanding that insurers in the Commonwealth of Massachusetts regard any passengers who contribute only towards Vehicle Expenses as travelling for free, and therefore such passengers should be covered by compulsory automobile insurance in the Commonwealth of Massachusetts. However, we provide no warranty or assurance in this regard and it is the Driver’s responsibility to verify that his or her Vehicle insurance provides adequate cover in the Commonwealth of Massachusetts in connection with a Trip. If a Trip is Interstate or International, the Driver has to additionally comply with clause 3.3.1.
You expressly acknowledge that certain automobile insurance policies may refuse to cover loss or damage arising in the event that the Driver has made or was seeking to make a profit in connection with a Trip. It is the sole responsibility of the Driver to calculate the Vehicle Expenses ahead of the Trip and that any Monetary Contribution collected from the Passenger(s) in connection with a Trip does not result in a profit for the Driver. We have no involvement in such monetary transactions and shall not be responsible for any resulting consequence, tax or otherwise, for the Driver or anyone else in connection with a Trip.
If a Driver’s insurers repudiate or refuse to accept any claim arising during a Trip for any other reason, including, without limitation, that the Trip was offered with a profit or commercial motive, the Driver shall be exclusively responsible for the financial consequences, losses and damages arising from such event and we shall not be liable under any circumstances to the Driver or anyone else.
3.3.1. Interstate, International Trips
Bookings may be made through the Site for interstate and/or international Trips, including, without limitation, to Canada and Mexico, and in such case the Driver must ensure that his or her automobile insurance covers travel outside of the Commonwealth of Massachusetts. The Driver must also ensure that the Vehicle is compliant with all relevant rules and restrictions applicable in any State or Country in connection with a Trip. Passenger(s) agree to waive any and all claims they might have against the Owners under the applicable laws of any State or Country or international instrument. The Driver is solely responsible for any and all claims by the Passengers.
3.4 Passenger and Driver Obligations
3.4.1 Passenger’s Obligations
As a Passenger, you undertake and agree that you shall:
- present yourself on time and at the place as agreed with a Driver;
- immediately inform a Driver if you are required to cancel the Trip;
- not interfere with or hinder the Driver’s driving in any way;
- leave the vehicle in the same condition it was in when you arrived;
- comply with all applicable law, statue, ordinance and regulations at all times, and you shall be solely responsible for any violations of such provisions; and
- acknowledge and accept that any Monetary Contribution agreed with the Driver is mandatory and payable immediately upon completion of a Trip.
3.4.2 Driver's Obligations
As a Driver, you undertake and agree that you shall:
- present yourself on time and at the place as agreed with the Passenger(s);
- observe and comply with all Driver Representation and Warranties stated in this Agreement;
- immediately inform the Passenger(s) of any change whatsoever to the Trip;
- be punctual and wait at the pickup point as agreed with the Passenger(s);
- assess the financial implications of receiving a Monetary Contribution in connection with the Trip, and if it results in a profit in relation to your reasonable estimate of the Vehicle Expenses, you agree to promptly discharge the surplus back to the relevant Passenger(s);
- ensure that the Vehicle is in good condition according to prevailing industry standards and to drive safely at all times;
- comply with all applicable law, statue, ordinance and regulations at all times, and you shall be solely responsible for any violations of such provisions; and
- not post, and perform, more than four (4) Trips per day.
If either the Passenger(s) or the Driver fail to comply with any of these terms or any other Conditions, we reserve the right, but not an obligation, to keep information relating to the breach, to publish or disclose this information on such User’s online profile and to suspend or withdraw such User’s access to the Site.
You are hereby reminded that using the Site as a Driver in a commercial or professional capacity may invalidate your Vehicle insurance. The Owners shall have no liability in respect of any breach of any agreement or arrangement between Users or a Driver’s or Passenger’s breach of the Conditions or this Agreement.
3.5 Offering a Trip with No Vehicle
We offer the possibility for any User to post a Trip without listing a Vehicle, provided that the Trip is posted on the Site as such by using the appropriate description made available in the relevant section upon posting the Trip. Any User taking part in such Trip shall continue to observe the Conditions applicable to Passengers.
Should you decide to post a Trip in this manner, it is our understanding that the Commonwealth of Massachusetts does not regulate ridesharing companies, such as Uber or Lyft, to the same extent as licensed taxi operators. Should you use such ridesharing companies in connection with the matters set out in this Clause you do so at your own risk and liability.
3.6 Resolution of Disputes
You acknowledge and agree that you are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor and keep a record of disputes between you and any other User. Please carefully select which Information you make available on the Site or the Service, or release to others in connection with a Trip or otherwise.
You acknowledge that we have no responsibility or obligation to seek to resolve, or resolve, any disputes between Users. In the event that you have a dispute with one or more Users, you agree to release the Owners and our Partners from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or to your use of the Site or the Service.
3.7 Reporting Misconduct
If you travel with any User who you feel is acting or has acted inappropriately or in violation of law, including, without limitation, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, (iii) is acting in a clearly unlawful manner or is jeopardizing the safety of those around you, or (iv) engages in any other disturbing conduct, you should immediately report such person to the appropriate law enforcement authorities.
While we may take steps to restrict general access to certain Communities and the Site in general, at our sole discretion, we do not conduct any verification of the identity or background information of any User, except to the extent indicated to us by PayPal’s own verification procedures upon a User’s registration via PayPal. You are encouraged to take all reasonable steps to ensure your safety and protection in connection with a Trip, including, without limitation, informing a friend and/or relative about the details of such Trip (including the identities of other participating Users) and keeping a photographic record of the Vehicle used in such Trip. You are also encouraged to verify the vehicle registration plate through information provided on the Site, to the extent it has been provided by the Driver through the Site or otherwise.
The following disclaimers are made on behalf of the Owners AND THE OWNER’s PARTNERS.
The Site and the Service are provided on an “as is” and “as available” basis and without any warranty and/or condition, whether express, implied or statutory. We do not guarantee and do not promise any specific results from the use of the Site, including any ability to provide or receive the Service at any given location or time.
We only offer a venue that allows Users to engage in Carpooling activities in accordance with the Conditions. We do not offer transportation services and are not a transportation company and are not involved in any Trip or transportation event agreed between Users through the Site, the Service or in any other manner. As such, we have no control over the quality or safety of the transportation and the Vehicle in connection with a Trip, nor do we have any control over the accuracy of any information posted on the Site. We cannot ensure that a Driver or Passenger will agree on or complete a Trip.
You are solely responsible for your interactions with other Users. We cannot guarantee that any particular User is who such person claims to be. We do not conduct any verifications of the identity of any User, the status of the Driver’s license or review any driving or criminal records of any User. We do not verify the status or sufficiency of any automobile insurance maintained by a Driver or applicable to a Vehicle or any other means of transportation being used in the Trip. There are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the Site or the Service by persons under the age of 18 in violation of this Agreement.
We and our Partners specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
We do not warrant that your use of the Site or the Service will be accurate, complete, reliable, uninterrupted or error-free, that any defects will be corrected or that the Site or the Service are free of any harmful components. While we shall use reasonable efforts to ensure the Site is generally available, occasionally access to the Site may be restricted to allow for repairs, maintenance or the introduction of new functionalities or services or not be available for reasons beyond our control.
We do not procure insurance for, nor are we responsible for, personal belongings left in the Vehicle by any User. By using the Site or the Service you agree and acknowledge (i) to accept such risks and (ii) that the Owners are not responsible and disclaim all liability for the acts or omissions of Users in regard to personal belongings (including, without limitation, unauthorized Users), regardless of the form of action.
We are not responsible for the online or offline conduct of any User. It is possible for others to obtain any of your Information, including, without limitation, your profile information and contact information you may provide to other Users in connection with a Trip, and to use such information to harass or harm you. We are not responsible for the use of any Information that you disclose to us, other Users or any third party via the Site or otherwise. Please carefully select the type of Information that you post on the Site or release to others and refrain from sharing confidential or privileged information such as your social security number. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized Users and/or “hackers”).
Any information, opinions, advice, statements, offers or other information or content made available through the Site or the Service that are not supplied directly by us, are those of their respective authors. We disclaim all liability for the accuracy, truthfulness or completeness of such statements. Such authors are solely responsible for such content. Under no circumstance shall we be responsible or liable for any loss or damage resulting from your reliance on Information or other content posted on the Site or otherwise disseminated by third parties, including, without limitation, by our Partners, any equipment or programming associated with or employed in the Site or the Service or any unauthorized Users.
We do not control and we are not responsible for what Users post, transmit or share through the Site and are not responsible for any inappropriate, offensive, illegal or otherwise objectionable content that you may encounter on the Site or the Service. We reserve the right, but have no obligation, to monitor the materials posted on the Site and to remove any such material that in our sole opinion violates, or is alleged to violate, applicable law or this Agreement or which we deem to be inappropriate, offensive, illegal, objectionable or might violate the rights, harm Users or threaten the safety of Users or others.
We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Site and the Service. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. We are not responsible or liable for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to a User’s or to any third person’s computer, mobile communications device or other hardware or software, related to or resulting from using or downloading materials from the Internet or in connection with the Site or the Service or otherwise.
5. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE AND THE SERVICE, YOUR POSTING OR BOOKING OF ANY TRIP VIA THE SITE AND ANY CONTACT YOU HAVE WITH OTHER USERS, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU.
IN NO EVENT SHALL THE OWNERS OR THE OWNERS’ PARTNERS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, THE FOLLOWING: LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER OR MOBILE DEVICE DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, FROM THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICE, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR THE SERVICE, OR FROM YOUR POSTING OR BOOKING OF ANY TRIP VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE OWNERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
The Owners are not a party to any agreement between a Driver and Passenger and shall not be liable to either party under any circumstance. Any Monetary Contribution agreed in connection with a Trip is made exclusively between the Driver and the Passenger. We shall not be liable to either party in case such monetary contribution is not made as agreed, OR IF PROFIT IS MADE BY THE DRIVER, or for any fraudulent use of payment instruments by a Passenger. In such circumstances, no compensation or indemnity shall be given by us to the affected party.
Given that (i) Drivers are required to hold valid insurance to cover a Trip; (ii) the Service is limited to putting Drivers and Passengers in touch with each other; (iii) we cannot oversee or surveil any Trip; (iv) we do not CHARGE FOR PROVIDING ACCESS TO THE SITE OR THE SERVICE; AND (V) WE DO NOT participate in any monetary arrangements between the Users, including the Monetary Contribution, you expressly agree and accept that the limitations on the Owners’ liability set out in this Clause are reasonable.
You agree to release, defend, indemnify, and hold the Owners and our Partners harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site and the Service or your violation of any of the Conditions; (b) your Information; (c) your (i) violation of this Agreement or any law or the rights of a third party, including, without limitation, a User and other motorists and pedestrians as a result of your own interaction with such third party, (ii) posting or booking of a Trip, or (iii) ownership, use or operation of the Vehicle, including your acting as a Driver; and (d) the use, condition or rental of a Vehicle, taxi service or ridesharing company by you, including, without limitation, any injuries, losses or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with a Trip or the Service. This indemnity shall be applicable without regard to the negligence of any party, including of any indemnified person.
7. GENERAL TERMS
7.1 User Account Suspension or Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to suspend or cancel your User Account. If we exercise our discretion under these Conditions to do so, your User Account will be suspended or deactivated, your password will be disabled and you will not be able to access and use the Site and the Service.
7.2 Intellectual Property
All rights are reserved in relation to any registered and unregistered trademarks, service marks, logos, trade names, copyright and any other proprietary designations (whether owned or licensed to the Owners) which appear on the Site. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
The Site (or any portion thereof), and any copyright or trademark or other intellectual property relating thereto, may not be reproduced, duplicated, copied, sold, resold, distributed, licensed, leased, transferred, publicly displayed, publicly performed, transmitted, streamed, broadcasted or otherwise exploited for any commercial purpose without our express written consent. No party is entitled to systematically extract or reuse parts of the contents of the Site without our express written consent. In particular, the use of data mining, robots or similar data gathering and extraction tools to extract for reuse of any substantial parts of this Site is strictly prohibited.
7.3 No Agency
You and the Owners are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
You agree not to use any technical, financial, strategic, legal and other proprietary and confidential information relating to the Owners, Users, the Service and the Site, including, without limitation, any User Information (collectively, the “Confidential Information”) disclosed to you through your use of the Site or by us for your own use or for any purpose other than as contemplated in this Agreement. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure and/or use of Confidential Information in order to prevent it from falling into the public domain.
Notwithstanding the foregoing, you shall have no liability to us with regard to any Confidential Information that was in the public domain at the time it was disclosed by us or has become public through no fault of yours or becomes known to you from a source other than us.
7.5 Term and Termination
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforceable and enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by us to anyone at our sole discretion. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and the Owners with respect to the subject matter hereof.
8. LAW AND JURISDICTION
This Agreement and your use of the Site and the Service shall be interpreted in accordance with the laws of the Commonwealth of Massachusetts, excluding any and all choice of law principles.
You and the Owners agree that any legal disputes or claims arising out of or related to this Agreement that cannot be resolved informally shall be submitted to binding arbitration in the Commonwealth of Massachusetts. The arbitration shall be conducted in Boston, Massachusetts by the AAA under its Commercial Arbitration Rules, or as otherwise mutually agreed by you and the Owners. Any judgment on the award rendered by the arbitrator will be final and binding and may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. You and we agree that any claim, action or proceeding arising out of or related to this Agreement must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative, collective or class proceeding.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
YOU ACKNOWLEDGE AND AGREE THAT YOU AND THE OWNERS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.