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Attention – iCarpool
introduces you to new people. To fully understand safety and security implications,
please read the Frequently Asked Questions, Best Practices, Terms of Use and Privacy
Policy sections on the Website.
Terms of Use
This Terms of Use
Agreement ("Terms of Use", "Agreement" or "User Agreement") applies to use of services
on the domain and subdomains of www.iCarpool.com (or hereafter simply referred to as "iCarpool"
or the "Website" or the "iCarpool system"). The Website is the property of Interact Soft Inc., WA.
This Agreement describes the terms and provisions applicable to your use of our
services available under the domain and subdomains of www.iCarpool.com
and apply generally
to our affiliates, subsidiaries, and joint ventures. Before you can use our services, you must
first register with us through our Website. During this registration, you must accept
our Terms of Use and Privacy Policy by clicking "I HAVE READ, UNDERSTAND AND AGREE
TO THE TERMS OF USE AND PRIVACY POLICY OF iCarpool". If you do not agree, please
do not use or access iCarpool.
Please note that we
may amend this Agreement at any time by posting the amended terms on the Website.
Your continued use of the Website indicates your agreement to be bound by these
terms of service in effect at the time of such use. You may review the current
Agreement prior to initiating a transaction at any time at our User Agreement page.
In this Agreement, "you" or "your" means any person or entity using the Service
("Users"). Unless otherwise stated, "us", "we" or "our" will refer collectively
to iCarpool.
To understand our
services, please refer additional content available on the Website. 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 Website and these two documents
(inclusive of any notifications such as emails coming from the Website).
This Agreement is effective upon acceptance in registration for new registering
users, and is otherwise effective on July 1, 2006 for all users.
Please review this
agreement carefully and regularly as it limits our liability and also limits your
remedies.
Contents
Requirements
Membership eligibility
Membership types
Communities
Individual membership
Affiliated membership
Employee transportation coordinator (ETC)
Payment terms
Fees for Communities
Liability limit
No representation or warranties
Indemnity
Arbitration
Notices
General
Requirements
An SSL encryption enabled browser is required by the Website. SSL protects your
information by encrypting it and transferring encrypted information over the internet.
A valid email address and email account is required for using the services offered
by the Website. It is your responsibility to maintain validity of this email address
and account. Should your email address change, please visit our Website and register
using your new email address. Failure to maintain a valid email address and email
account on your part may cause loss of some services offered on the Website.
For using the Website’s mobile application and receiving SMS text messages for carpool,
a mobile device with services from a service provider supported by the Website and
a plan which allows you access to the Website’s mobile application and SMS capabilities
is required. You must use a mobile device that is compatible with our Service. Should
your mobile number or service provider change, please visit our Website and correct
your mobile phone information. Failure to maintain updated mobile phone information
on your part may cause loss of some services offered on the Website.
Membership eligibility
Children or minors (persons under the age of 18) are not permitted to use iCarpool.
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). Businesses entities are permitted to use the Website only after explicit
approval from us. Business entities may reach us via the "Business/Institution"
contact links to initiate the approval process.
iCarpool reserves 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. Without limiting any
other remedies, iCarpool may suspend or terminate your account if we suspect that
you have engaged in fraudulent activity in connection with the Website or any activity
we deem is not compliant with our Terms of Use and Privacy Policy.
"Applicable Law" means any applicable law, statute, treaty, regulation and ordinance
of any state, province, territory or country.
Membership types
We
define member type of users who register on the Website to use alternative transportation
services but have not affiliated to any Community listed on the Website as "Individual
Membership". We define member type of users who register on the Website to use alternative
transportation services and have affiliated to a Community listed on the Website
as "Affiliated Membership". We define member type of users who register on the Website
to administer alternative transportation services for their Community as "Community
Administrator" or "Employee Transportation Coordinator". We will refer to the terms
"Individual Membership", "Affiliated Membership" and "Community Administrator" or
"Employee Transportation Coordinator" throughout the Agreement and Privacy Policy
and they indicate the membership types as defined earlier. Please note that the
services and features we offer on the Website may vary depending on your membership
type. The Agreement and Privacy Policy shall be applicable to all persons or entities
(hereafter simply referred as "all members") using the Website or any of its services
regardless of their membership type or any such attribute.
Communities
Our reference to "Community" implies any organization, institution or social association
of individuals which is legal and bonafide. In order to enlist with the Website,
a Community must execute a iCarpool license agreement, download and accept our End
User License Agreement (EULA) and make necessary payments corresponding to a subscription
plan offered by the Website and chosen by the Community. Our usage of "Community"
listed on the website throughout the Agreement and Privacy Policy implies a Community
which has met the above mentioned requirements of our license agreement, payment
and any other requirement deemed necessary by us. We reserve the final right to
determine if your Community should be added, removed or changed on the Website.
Please note that the services and features we offer on the Website may vary depending
on the features chosen and paid for by the Community.
Individual membership
"Individual Membership" is FREE. With "Individual Membership"
you can register, add trip information, search for potential carpool partners, contact
matched members, receive email notifications from other members interested in carpool,
– use these features on the Website without any payment. There is no expiration
time for "Individual Membership". Members may have to validate their account periodically
on the Website to ensure the account is in use and thus retain the account. Failure
to mark the account in use may result in termination of the account.
Affiliated membership
When you affiliate successfully with
a Community listed on the Website, your membership type changes to "Affiliated Membership".
You will be granted access to additional features depending on the subscription
plan chosen and paid for by your Community. The subscription period for iCarpool
is one calendar year. If at the end of one calendar year, the only Subscribed Community
you are affiliated to does not renew its membership, the Subscribed Community will
be removed from the listed communities on the Website and your membership type will
change back to "Individual Membership".
Employee Transportation Coordinator
We will validate your information and
association with the Community when you register on the Website for a Community
Administrator or Employee Transportation Coordinator account. You will have access
to alternative transportation information and benefits information including, but
not limited to, outstanding claims, past approvals, past denials, current trips,
current carpool partners and SOV mileage saved, for all members belonging to your
Community. You will also have access to reports describing elaborate details of
alternative transportation usage in your Community, including historical and current.
You agree to take sole responsibility and use this information in accordance with
rules, directives and guidelines established by your Community. We shall have no
bearing whatsoever as to how you use the information within your Community. Should
you have the need to make any information acquired through the Website public, you
agree you will acquire explicit written approval from us before any such disclosure.
Payment terms
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. iCarpool 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.
If you signed up for an annual plan,
your account will come up for renewal after one year. Your renewal will require
payment for our services at current rates determined by us at the time of your renewal.
Subscription plans communities can choose will be published on the website. Pricing
information will also be published on the Website corresponding to the plans. We
reserve the right to determine final prevailing price - please note the pricing
information published on the Website may not reflect the prevailing price.
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. We encourage you to check back at our Website periodically if
you are interested about how we charge for services offered on the Website.
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, disable your account permanently.
We may, in our sole discretion, change
some or all of our services at any time. In the event we introduce a new service,
the fees for that service are effective at the launch of the service. You are responsible
for paying all fees arising from your use of our services and all applicable taxes.
All fees are quoted in U.S. Dollars unless otherwise stated.
Fees for Communities
In order to enlist on the Website, your Community must subscribe using a subscription
plan offered and approved by the Website, agree to Terms of Use and Privacy Policy
and execute our license agreement. Members who affiliate with your organization
once it becomes a "Subscribed Community", will have access to additional services
or features depending on the subscription plan chosen and paid for by your Community.
The subscription period for iCarpool is one calendar year. If at the end of one
calendar year, your Community does not renew its membership, we will take appropriate
action which may include removing the listing of your Community from the Website.
Also membership of all users affiliated to your Community will change from "Affiliated
Membership" to "Individual Membership".
If your subscription plan has per user licensing, one license is claimed when a
member affiliates successfully with your Community on the Website. Affiliation is
either done by a person appointed and authorized by your Community or by means of
a unique private email address specified by a member which is issued to the member
by your community and belongs to a private email domain specified by your Community
in the iCarpool system. In case of private email domain where the member specifies
an email address with the private email domain specified by your Community, the
iCarpool system will take steps to verify such claim. However, we are not involved
in and in no way responsible for incorrect affiliations regardless of whether the
affiliations were confirmed by a Community Administrator or Employee Transportation
Coordinator authorized by your community OR the affiliations were confirmed through
private email domain feature. In case of the private email domain, we do not control
who gets an email account with a private email domain which belongs to your Community.
We also do not and can not control who may access the email account with a private
email domain name which belongs to your community.
Liability limit
iCarpool may introduce you to new people registered on our website for the purposes
of carpool, vanpool, bike trips or any other service offered by the Website. We
cannot and will not assess the suitability of individuals participating in this
program and decline any liability associated with it. iCarpool will not be a party
to disputes, negotiations of disputes between carpool partners. We cannot and will
not play any role in managing payments between the carpool partners. The suggestions,
best practices and documentation on the website are provided to help members make
key decisions for themselves. iCarpool is not liable to any consequence arising
out of any decisions made by members, regardless of whether the decision was influenced
by any recommendation made on the website. Responsibility for the decisions you
make regarding services offered via iCarpool (with all its implications) rests solely
with you.
We will attempt to correct errors brought to our attention. However, we are not
involved in and in no way responsible for any actual dealings between carpooling
members and eventualities arising out of using services on our Website. We have
little or no control over the truth or accuracy of the data members may provide,
the ability of members to drive, ride, share costs, 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 this site, you agree
to assume all risks associated with dealing with other users whom you come in contact
with through information provided on this website.
iCarpool uses latest technologies
and standards comparable to websites of our size to ensure availability and reliability.
Disruptions in our service are always possible due to unforeseen events such as
accidents or intentional interference. In no event will iCarpool and its employees,
directors, officers, and agents be liable to any claims or losses arising out of
such disruptions.
By accessing and/or using this
site, you agree to release iCarpool and its employees, directors, officers, and
agents 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 dispute. 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 iCarpool
and our employees be liable for lost profits, special, incidental or consequential
damages from use of the Website or services including negligence.
No representations or warranties
iCarpool and services provided are offered "AS IS" and without warranty or conditions,
express or implied or statutory. iCarpool expressly disclaims any implied warranties
of title, merchantability, fitness for any particular purpose and non-infringement.
Indemnity
You agree to indemnify and hold iCarpool, its subsidiaries, affiliates, officers,
agents and other partners and employees, 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 Website.
Arbitration
Any claim or controversy relating to the use of iCarpool or services shall be settled
by binding arbitration in Redmond, 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.
We do not guarantee continuous and uninterrupted service or secure access to the
Website or its services. 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. iCarpool may deny use to any third party
in its sole discretion. It is agreed that iCarpool will have the right to use information
supplied to iCarpool for any purpose, including without limitation publication of
all or part of any information for public display. iCarpool shall have no obligation
and will not resolve disputes among third parties.
Disputes between you and iCarpool regarding our services may be reported by clicking
on the “Contact Us” link on our Website and following the directions listed there.
We encourage you to report all user-to-user disputes to your local law enforcement
authorities, the postmaster general, or to a certified mediation or arbitration
entity, as may be appropriate.
This document was last updated on September 08, 2007.
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