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Terms
Welcome to Carpooling.net, the carpooling service to find drivers and passengers online. By using Carpooling.net you agree to be bound by the following Terms of Use, whether or not you register as a member of Carpooling.net. If you wish to become a member and make use of the service of Carpooling.net, please read these Terms of Use. If you object to anything in this document or our Privacy Policy, do not use carpooling.net or any of our services. The Terms of Use are subject to change by Carpooling.net at any time, effective upon posting on www.carpooling.net. Your use of Carpooling.net after such posting will constitute acceptance by you of such changes. Carpooling.net - Terms of Use Agreement 1. Acceptance of Terms of Use Agreement. Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of Carpooling.net and your membership at Carpooling.net. This Agreement may be modified by Carpooling.net from time to time, such modifications to be effective upon posting by Carpooling.net on www.carpooling.net. By accessing Carpooling.net or becoming a member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein. By accessing Carpooling.net or becoming a member, you consent to have this Agreement provided to you in electronic form. 2. Eligibility. By using Carpooling.net, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. 3. Membership & Pricing. You may become a member of Carpooling.net at no cost. 4. Term. This Agreement will remain in full force and effect while you use Carpooling.net and/or are a member. You may terminate your membership at any time, for any reason, by following the instructions on the Resign pages in Account Settings. Carpooling.net may terminate your membership by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Carpooling.net. If Carpooling.net terminates your membership in Carpooling.net because you have breached this Agreement, you will not be entitled to any refund. All decisions regarding the termination of accounts shall be made in the sole discretion of Carpooling.net. Carpooling.net is not required to provide you notice prior to terminating your membership. Carpooling.net is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination. 5. Non-commercial Use by Members. The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use Carpooling.net for any purpose. Illegal and/or unauthorized uses of Carpooling.net, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to Carpooling.net may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of Carpooling.net is with the permission of Carpooling.net, which may be revoked at any time, for any reason, in Carpooling.net's sole discretion. 6. Account Security. You are responsible for maintaining the confidentiality of the username and password that you designate during the Registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Carpooling.net of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you log off from your account at the end of each session. Carpooling.net will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in. 7. Your Interactions with Other Members. You are solely responsible for your interactions with other Members. You understand that Carpooling.net does not in any way screen its Members, nor does Carpooling.net inquire into the backgrounds of its Members or attempt to verify the statements of its Members. Carpooling.net makes no representations or warranties as to the conduct of Members or their compatibility with any current or future Members. In no event shall Carpooling.net be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of Carpooling.net, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of this Service or persons you meet through this Service. You agree to take reasonable precautions in all interactions with other Members of Carpooling.net, particularly if you decide to meet offline or in person. You understand that Carpooling.net makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through Carpooling.net. You should not provide your financial information (for example, your credit card or bank account information) to other Members. 8. Content on Carpooling.net. (a) Proprietary Rights. Carpooling.net owns and retains all proprietary rights in Carpooling.. The Website contains the copyrighted material, trademarks, and other proprietary information of Carpooling.net, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. (b) Reliance on Content, Advice, Etc. Opinions, advice, statements, offers, or other information or content made available through Carpooling.net, but not directly by Carpooling.net, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Carpooling.net does not: (i) guarantee the accuracy, completeness, or usefulness of any information on Carpooling.net, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on Carpooling.net. Under no circumstances will Carpooling.net or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on Carpooling.net or transmitted to or by any Members. 9. Content Posted by You on Carpooling.net. a. You are solely responsible for the Content that you publish or display (hereinafter, "post") on Carpooling.net, or transmit to other Members. You will not post on Carpooling.net, or transmit to other Members, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to the Carpooling.net or to any other Member. If information provided to Carpooling.net, or another Member, subsequently becomes inaccurate, misleading or false, you will promptly notify Carpooling.net of such change. b. You understand and agree that Carpooling.net may review and delete any content, messages, double-blind emails, photos or profiles (collectively, "Content"), in each case in whole or in part, that in the sole judgment of Carpooling.net violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members. c. By posting Content to any public area of Carpooling.net, you automatically grant, and you represent and warrant that you have the right to grant, to Carpooling.net, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by Carpooling.net will not infringe or violate the rights of any third party. d. The following is a partial list of the kind of Content that is illegal or prohibited on Carpooling.net. Carpooling.net reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from Carpooling.net and terminating the membership of such violators. It includes, but is not limited to, Content that is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes. e. Your use of Carpooling.net, including but not limited to the Content you post on Carpooling.net, must be in accordance with any and all applicable laws and regulations. f. You may not engage in advertising to, or solicitation of, other Members. This includes but is not limited to solicitation or advertising to buy or sell any products or services through Carpooling.net or to attend parties or other social functions or networking for commercial purposes. You may not transmit any chain letters or junk email to other Members. Although Carpooling.net cannot monitor the conduct of its Members off Carpooling.net, it is also a violation of these rules to use any information obtained from Carpooling.net in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, we reserves the right to restrict the number of emails which a member may send to other Members in any 24-hour period to a number which we deem appropriate in our sole discretion. g. All information you include in your Member profile must be accurate, current and complete. 10. Prohibited Activities. Carpooling.net reserves the right to investigate and terminate your membership if you have misused Carpooling.net, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to Carpooling.net: - You will not impersonate any person or entity. - You will not "stalk" or otherwise harass any person. - You will not express or imply that any statements you make are endorsed by Carpooling.net without our specific prior written consent. - You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of Carpooling.net or its contents. - You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights. - You will not remove any copyright, trademark or other proprietary rights notices contained in Carpooling.net. - You will not interfere with or disrupt Carpooling.net or the site or the servers or networks connected to Carpooling.nets or the site. - You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. - You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through Carpooling.net. - You will not "frame" or "mirror" any part of Carpooling.net or Carpooling.net, without Carpooling.net's prior written authorization. You also shall not use meta tags or code or other devices containing any reference to Carpooling.net or Carpooling.net or the site in order to direct any person to any other web site for any purpose. - You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of Carpooling.net or Carpooling.net or any software used on or for Carpooling.net or cause others to do so. 11. Customer Service. Carpooling.net provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you may not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund. 12. Modifications to Service. Carpooling.net reserves the right at any time to modify or discontinue, temporarily or permanently, Carpooling.net (or any part thereof) with or without notice. You agree that Carpooling.net shall not be liable to you or to any third party for any modification, suspension or discontinuance of Carpooling.net. 13. Blocking of IP Addresses. In order to protect the integrity of Carpooling.net, Carpooling.net reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing Carpooling.net. 14. Member Disputes. You are solely responsible for your interactions with other Carpooling.net Members. Carpooling.net reserves the right, but has no obligation, to monitor disputes between you and other Members. 15. Disclaimers. Carpooling.net is not responsible for any incorrect or inaccurate Content posted on Carpooling.net or in connection with Carpooling.net, whether caused by users of Carpooling.net, Members or by any of the equipment or programming associated with or utilized in Carpooling.net. Carpooling.net is not responsible for the conduct, whether online or offline, of any user of Carpooling.net or Member of Carpooling.net. Carpooling.net assumes 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 or Member communications. Carpooling.net is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with Carpooling.net. Under no circumstances will Carpooling.net or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of Carpooling.net or Carpooling.net, any Content posted on Carpooling.net or transmitted to Members, or any interactions between users of Carpooling.net, whether online or offline. The Website and Carpooling.net are provided as-is and Carpooling.net expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Carpooling.net cannot guarantee and does not promise any specific results from use of Carpooling.net and/or Carpooling.net. In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on Carpooling.net is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Carpooling.net makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through Carpooling.net 16. Links. The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Carpooling.net has no control over such sites and resources, you acknowledge and agree that Carpooling.net is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Carpooling.net shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource. 17. Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will Carpooling.net be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or Carpooling.net, even if Carpooling.net has been advised of the possibility of such damages 18. Jurisdiction and Choice of Law. If there is any dispute arising out of Carpooling.net and/or Carpooling.net, by using Carpooling.net, you expressly agree that any such dispute shall be governed by the laws of the State of Texas, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Texas, in Dallas or Collin County, for the resolution of any such dispute. 19. Indemnity by You. You agree to indemnify and hold Carpooling.net, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of Carpooling.net in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. 20. No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement. 21. This Agreement contains the entire agreement between you and Carpooling.net regarding the use of Carpooling.net and/or Carpooling.net. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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