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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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