Terms of Use

Thank you for choosing iCarpool!

Please review this agreement carefully and regularly as it limits our liability and also limits your remedies. The iCarpool service and software introduces you to new people. To fully understand safety and security implications, please read the Terms of Use and Privacy Policy.

Terms of Use

This Terms of Use Agreement (“Terms of Use”, “Terms”, “Agreement”, or “User Agreement”) applies to use of the iCarpool service and software (“iCarpool”, “iCarpool system”, “Service”). This Agreement is a legally binding agreement made between you (“You,” “Your”) and Interact Soft Inc located in Bellevue, WA (“iCarpool.com,” “We,” “Us” or “Our”).

This Agreement describes the terms and provisions applicable to your use of the Service. Please note – you may use the Service through the domain www.iCarpool.com, through a different domain or sub-domain, through Facebook or through mobile phone applications. This agreement governs your use of any service or software that directly displays or links to this agreement. This agreement applies to your use of the Service regardless of the method through which it is accessed. The Service provides capabilities for carpool, vanpool, bike, walk, transit, incentives and subsidies, commute services such as emergency ride home and bike locker rental and information services. The system includes “matching” capabilities where a user with a certain travel plan may find another user with a compatible travel plan and the two users may travel together.

When you register for the Service, you must first accept this Agreement and our Privacy Policy. By using or accessing the Service, you confirm that you agree to this Agreement and our Privacy Policy. If you do not agree to be bound by these terms or our privacy practices, please do not use or access the Service.

Please note that we may amend this Agreement at any time and post the amended terms on the site www.iCarpool.com (“Site”). Your continued use of the Service indicates your agreement to be bound by these terms of use in effect at the time of such use. You may review the current Terms of Use at any time and prior to initiating a transaction in the Service.

To understand our services, please refer additional content available on the Site. Please note, however, that the Terms of Use and Privacy Policy shall prevail in the event that there is any conflict between any content on the Site and these two documents (inclusive of any notifications such as emails sent by the Service).

This Agreement is effective upon acceptance during registration for new users and for all existing users is effective on the day any amendment to this Agreement is posted on the Site.

Requirements to access the Service

A SSL encryption enabled browser that has JavaScript capability is required to use the website applications that are part of the Service. SSL protects your information by encrypting it and transferring encrypted information over the internet. JavaScript capability provides you with an enhanced interface while accessing website applications.

A valid email address and email account is required for using the Service. It is your responsibility to maintain validity of this email address and email account. Should your email address change, please record your updated email address in the Service. Failure to maintain a valid email address and email account on your part may cause loss of some services offered in the iCarpool system.

For using the mobile phone applications that are part of the Service, a mobile device with services from a service provider supported by the iCarpool system and a plan which allows you access to iCarpool’s mobile phone application and SMS capabilities is required. You must use a mobile device that is compatible with our Service and you agree to pay all fees that your service provider may charge you for using the Service through your mobile phone. Should your mobile number or service provider change, please record your updated mobile phone information in the Service. Failure to maintain updated mobile phone information on your part may cause loss of some services offered in the iCarpool system.

Eligibility

Children or minors (persons under the age of 18) are not permitted to use the Service. Our services are available only to, and may only be used by, individuals who can form legally binding contracts under “Applicable Law” (Applicable Law is described below). “Applicable Law” means any applicable law, statute, treaty, regulation and ordinance of any state, province, territory or country. By using the Service, you represent and warrant that you are at least 18 years old. By using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your participation of the Service is for your personal use. Business and government entities are permitted to use the Service only after explicit approval from us.

Acceptable use

We reserve the final right to judge acceptable use. We also reserve the final right to change, delete or de-activate any user’s information as required to ensure acceptable use without any liability to any party whatsoever and without any notice. Without limiting any other remedies, we may suspend or terminate your account if we suspect that you have engaged in fraudulent activity in connection with the Service or any activity we deem is not compliant with our Terms of Use and Privacy Policy.

Using the service

You must not use the Service to harm others or the Service. For example, you must not use the Service to harm, threaten, or harass another person, organization, or Interact Soft Inc. You must not: damage, disable, overburden, or impair the Service (or any network connected to the Service); resell or redistribute the Service or any part of it; use any unauthorized means to modify, reroute, or gain access to the Service or attempt to carry out these activities; or use any automated process or service (such as a bot, a spider, or metasearching) to access or use the Service. You may be able to access third-party websites or services via the Service; you acknowledge that we are not responsible for such websites or services or content that may be available there.

You agree you will not upload, post, transmit, transfer, distribute or facilitate distribution of any content (including text, images, sound, video, data, information or software) or otherwise use the Service in a way that:

Depicts nudity of any sort including full or partial human nudity or nudity in non-human forms such as cartoons, fantasy art or manga.
Incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence.
Misrepresents the source of anything you post or upload, including impersonation of another individual or entity.
Provides or creates links to external sites that violate these terms.
Includes content that is protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights thereto or have received all necessary consents.
Is intended to harm or exploit minors in any way.
Invades anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as passwords, account information, credit card numbers, addresses, or other contact information without their knowledge and willing consent.
Is illegal or violates any applicable local and national laws.
Threatens stalks, defames, defrauds, degrades, victimizes or intimidates an individual or group of individuals for any reason; including on the basis of age, gender, disability, ethnicity, sexual orientation, race or religion; or incites or encourages anyone else to do so.
Harms or disrupts, or intends to harm or disrupt, another user’s computer or would allow you or others to illegally access software or bypass security on Web sites, or servers, including but not limited to spamming.
Contains advertising for money making schemes, discount cards, credit counseling, online surveys or online contests.
Misleads other users by providing inaccurate information.

You must keep your accounts and passwords confidential and not authorize any third party to access or use the service on your behalf, unless we provide an approved mechanism for that and the third party is your Network administrator. You may not transfer your account to any other person or entity. You may acquire information pertaining to others using the Service. You may not disclose personally identifiable information of another user you acquire using the Service to any third party without the consent of such other user after adequate disclosure with the exception of reporting unlawful activity to authorized law enforcement personnel.

Networks

Our reference to “Network” implies any agency, organization, institution, social group or any other grouping of persons which is legal and bonafide. Multiple networks may be listed in the Service and may provide services to their users through the iCarpool system. In order to enlist in the Service, the Network must be created and approved by an administrator having the administrative right to create and approve the network. There may be additional requirements such as payment of applicable fees with applicable taxes and completion of our end user license agreement. By choosing to be enlisted as a Network in the Service or by choosing to create a Network in the Service, the Network shall indemnify and hold harmless Interact Soft Inc and its employees, directors, officers, agents, contractors, service providers, partners, subsidiaries, affiliates and joint ventures from any and all claims, damages, liabilities, costs and fees (including reasonable attorneys’ fees) arising from the Network’s use of the Service.
We reserve the final right to determine if the Network and any content posted by the network can or should be added, removed or changed and of any terms and licensing fees that are applicable for enlisting the Network with the Service. If the Network uses a per user licensing subscription plan, one license is claimed when a user associates with that Network in the Service. The Service provides multiple mechanisms such as private email domain verification, passcode verification and explicit administrator verification to ensure user associations happen in a verified manner. Please note – we are not involved in and in no way responsible for incorrect associations of users with the Network regardless. For example, if a Network enables associations using passcode, it is the responsibility of the administrator to hand out the passcode to verified users only. Similarly, in case of the private email domain, we do not control who gets an email account with a private email domain which belongs to the Network. We also do not and cannot control who may access the email account with a private email domain name which belongs to the Network. At the end of the licensing period, the Network may be removed from the listed networks in the Service. We may, in our sole discretion, change some or all of our services at any time.

When you use the Service, your account may be associated with multiple networks listed in the Service. You agree to allow access to administrators of your Networks of your information stored in the Service.

Your Network administrators may perform administrative tasks on your account related to additional services provided by the Network including tasks such as approve, reject, or revoke any incentives or benefits claimed by you. Please note – we are not involved in the additional services provided by your Network. Any questions, concerns or disputes with regards to additional services provided by your Network must be addressed to your Network administrator. For example, additional services provided by your Network may be incentives, subsidies or benefits such as Carpool Permits, Guaranteed Ride Home vouchers, etc.

If you use, display or link to Widgets provided by iCarpool, you agree to the iCarpool Widgets Terms of Use available at this link.

Intellectual Property

The Service is the property of Interact Soft Inc, WA and is protected by copyright law. The structure, organization and code of the Service are the valuable trade secrets and confidential information of Interact Soft Inc. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights to the Service and all rights not expressly granted are reserved by Interact Soft Inc. This agreement also prohibits you to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, underlying ideas, underlying user interface techniques or algorithms of the system by any means whatsoever, directly or indirectly, and prohibits you from disclosing any of these either publicly or to a third party.

Service

The Service uses latest technologies and standards comparable to websites of our size to ensure quality, availability, security and reliability – however, as with any other software application, events which may cause disruption to our services are always possible due to issues with our software, unforeseen events such as accidents or intentional interference. In no event Interact Soft Inc and its employees, directors, officers, agents, contractors, service providers, partners, subsidiaries, affiliates and joint ventures be liable to any claims or damages, including consequential, lost profits, special, indirect, incidental, or punitive damages arising out of such disruptions.

Liability limit

The Service may introduce you to people registered with the Service for the purposes of carpool, vanpool, bike, walk, transit or any other service offered by the Service. We cannot and do not assess the suitability of individuals participating in this program and in all cases decline any liability associated with you being introduced to another person through our Service. Because of the high precision of Latitude Longitude co-ordinates we compute, it is theoretically possible to trace a location entered in the Service back to a physical location such as a home or a work place. It is also theoretically possible that someone could misuse the information acquired through the Service to commit a crime. We are not involved in and in no way responsible for any actual dealings between you and other users who user our Service. We will not be a party to disputes, negotiations of disputes between users who use our services. We encourage you to report all disputes with other users to your local law enforcement authorities, the postmaster general, or to a certified mediation or arbitration entity, as may be appropriate. We do not play any role in managing payments between the users. In all cases, we decline any liability for any eventualities arising out of using the Service. The suggestions, best practices and documentation provided with the Service is provided to help you make key decisions for yourself. We are not liable to any consequence arising out of any decisions made by you, regardless of whether the decision was influenced by any recommendation made by the Service. Responsibility for the decisions you make regarding services offered through the Service (with all its implications) rests solely with you.

We have little or no control over the truth or accuracy of the data users may provide, the ability of users to drive legally and safely, etc. As a result, there are risks, including but not limited to the risks of dealing with: strangers, foreign nationals, underage persons, or people acting under false pretenses. Accordingly, the information provided herein is provided “AS IS.” By using the Service, you agree to assume all risks associated with dealing with other users whom you come in contact with through information provided by the Service.

By accessing and/or using the Service, you agree to release Interact Soft Inc and its employees, directors, officers, agents, contractors, service providers, partners, subsidiaries, affiliates and joint ventures from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any service provided by the Service. If you are a California resident, you waive California Civil Code 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

In no event shall Interact Soft Inc and its employees, directors, officers, agents, contractors, service providers, partners, subsidiaries, affiliates and joint ventures be liable for damages, including consequential, lost profits, special, indirect, incidental, or punitive damages. Interact Soft Inc’s entire liability and your exclusive remedy per this Agreement will be, at Interact soft Inc’s discretion, to attempt to correct or work around errors, to correct or modify documentation of the Service; or to refund your purchase price on a pro-rated basis for the remaining unused term and terminate this Agreement.

Warranties and Indemnification

THE SERVICE IS PROVIDED ON AN “AS IS” BASIS “WITH ALL FAULTS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. TO THE FULL EXTENT PERMITTED BY LAW, INTERACT SOFT INC., ITS EMPLOYEES, DIRECTORS, OFFICEERS, AGENTS, CONTRACTORS, SERVICE PROVIDERS, PARTNERS, SUBSIDIARIES, AFFILIATES, JOINT VENTURES, AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, WORKMANLIKE EFFORT, LACK OF NEGLIGENCE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. INTERACT SOFT INC DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.

You agree to indemnify and hold Interact Soft Inc and its employees, directors, officers, agents, contractors, service providers, partners, subsidiaries, affiliates and joint ventures harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your use of the Service.

Payment Terms

Many services which are part of the Service are offered free, however some services may have an associated fee for usage. Where fees are applicable for individual accounts such as your personal account, such fees are published so you can make informed decision about your purchases. For the software or services you purchase from us, you agree to pay us at the time you order. All fees are due immediately and are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our software or services either planned, accidental or intentional, or any reason whatsoever. We reserve the right to determine your account falls into high usage category which may prompt us to take appropriate action, including but not limited to, charge you reasonable cost for the high usage, disable your account temporarily, or disable your account permanently.

We may, at our sole discretion, make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. We may change the fees for our services as we deem necessary for our business.

Additional requirements for Administrators

The Agreement and Privacy Policy shall be applicable to all persons or entities using the Service. You may be provided additional rights to administer alternative transportation services, commute management services, certain Networks or certain programs in the Service. Regardless of whether you have additional rights to administer programs in the Service or not, the Agreement and Privacy Policy shall be binding to your usage of the Service.
We may validate your information and association with the Network or the program you administer at any time. For example, if you are an administrator of an employer program – we may check with the employer to see if your employment or relationship as the employer program administrator is current. You agree you have obtained related approvals from your Network to perform administration tasks for the Network using the Service and those approvals are current. Should you no longer have approval to administer your Network, you agree to notify us immediately about this change.
As an administrator of a program in the Service, you may have access to user information and information contained in the program or any sub-programs of the program or Network you administer. You may also have access to reports describing elaborate details of alternative transportation usage of users in the program, including historical and current information and profile and contact information of the users. You agree not to rent, sell or share this information to third parties and you agree to take sole responsibility and use this information for the purpose of fulfilling appropriate services requested by the user or by the Network. Further, you agree we shall have no bearing whatsoever as to how you use the information you acquire through administration of your programs or Networks in the Service. Should you have the need to make any information acquired through the Service public, you agree you will acquire explicit written approval from us before any such disclosure.

Arbitration

Any claim or controversy relating to the use of the Service shall be settled by binding arbitration in Issaquah, WA on an individual basis and not combined or in conjunction with any claim by any other party.

Notices

All notices shall be made in writing to Interact Soft Inc., P.O. Box 2264, Issaquah, WA 98027.

General

This agreement shall be governed in all respects by the laws of the State of Washington. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference only and in no way define this agreement. Our failure to act on a breach by you or any third party does not waive our right to act in accordance with this agreement.

Disputes and complaints you have about use of the Service may be reported by emailing us at our support email address – support{at}icarpool.com.


This document was last updated on May 2, 2012.