PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS. BY REGISTERING WITH AND USING OUR SERVICES< YOU AGREE TO ALL OF THE FOLLOWING TERMS. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING TERMS, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Hello from VOOM Carpool! Please read on to learn the rules that govern your use of our website (currently at voomcarpool.com), products, applications, and other services we provide (collectively the “Services” or “VOOM”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:
My 3 Stars, LLC
PO Box 236
Lincroft, NJ 07738
There are three types of users: People or entities that sponsor the use of the Services (each, a “Sponsor”); people who drive vehicles (“Drivers”); and people who are passengers, or the parents or guardians of passengers (“Passengers”). Each user may be a Sponsor, Driver or a Passenger at any time, but you only register with us once.
Users may share their personally-identifiable information (“Personal Information”) with each other to arrange carpools between them as Drivers and Passengers.
Sponsors may also coordinate and share the Personal Information of one user with other users affiliated with the same Sponsor. For example, a Sponsor may be a camp or school that shares Personal Information of each user that has children enrolled in that camp or school so that the parents or guardian may arrange carpools among them. Different users then serve as Drivers or Passengers (or parents or guardians of passengers) for each carpool that brings their children to the camp or school.
Nature of VOOM Carpool Services
The Services help users find, create, schedule, conduct, and manage carpooling, along with other, related activities. The Services are not designed for taxis or the hiring of commercial vehicles, and are not intended to compete with Uber, Lyft, or similar services.
These Terms May Change
We are constantly trying to improve our Services, so these Terms may change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the http://www.voomcarpool.com website, and by sending each current user an email.
If you don’t agree with the new Terms, you are free to reject them by ceasing to use the Services, and the un-revised version of the Terms will continue to apply to any legal issues or claims between you and us. If you use the Services in any way after a revision to the Terms takes effect, or if you affirmatively bind yourself to the Terms, then you have bound yourself to the revised version of the Terms then in effect.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under age 13. (Please note that COPPA applies only to information received from children and not information that is received by an adult about children.) Although our Services are intended to facilitate the planning, scheduling and coordination of children’s carpooling activities, use of the Services is restricted to adults ages 18 and older. Parents and guardians may provide information about their children, but we do not knowingly collect or solicit personally identifiable information from anyone under age 18 or knowingly allow such persons to register for the Services. If you are under 18, you may not attempt to register for the Services or send any personal information about yourself to us.
If we learn and verify we have collected personal information from a person under 18, we will delete that information, unless applicable laws or regulations (“Laws”) requires a different response. If you believe that a person under 18 may have provided us personal information, please contact us immediately and without hesitation.
What are the basics of using VOOM Carpool Services?
For each user, we require you to create an account, and select a user name and password. You may opt to sign in through a Facebook account or login without a Facebook account. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your user name any name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. If you are accessing the Services through a third party site or service (such as Facebook Connect) (“Third Party Service”), the Company may require that your VOOM user name be the same as your user name for the Third Party Service. By accessing the Services through a Third Party Service, you give us permission to access and use your information from the Third Party Service, as permitted by that Third Party Service, and to store your log-in credentials from the Third Party Service. You agree that you shall only use Third Party Service accounts owned by you, and not any Third Party Service accounts owned by any other person or entity.
You represent and warrant that you are an individual of legal age and capable of forming a binding contract. If you are signing as a user on behalf of a Sponsor, then you represent that you have authority to bind the Sponsor. You also represent and warrant that (i) all registration information you submit is accurate and truthful; and (ii) you will maintain the accuracy of such information.
You may use the Services only for your own internal use, and only in a manner that complies with all applicable Laws. You may not charge anyone to use the VOOM services, although Sponsors and Passengers are permitted to reimburse the out-of-pocket expenses of Drivers, such as fuel charges and tolls. If your use of the Services is prohibited by applicable Laws, then you may not use the Services. We are not responsible for, and do not encourage or condone any use of the Services that in any manner violates any Laws.
You may not share your account or password with anyone, and you must protect the security of your account and your password. If you believed that you have been hacked, or that any unauthorized person has access to your account, please contact us immediately so that we may change your user name or password. You are responsible for all activity associated with your account.
Each user is responsible for complying with all applicable laws, rules and regulations (collectively, “Laws”), including those applying to Drivers and the vehicles they use.
Does VOOM Carpool Conduct Background Checks on any of its Users?
THE COMPANY DOES NOT HAVE ANY OBLIGATION TO CONDUCT ANY BACKGROUND OR VERIFICATION CHECKS ON ITS USERS. However, we reserve the right to conduct background and verification screenings in connection with your registration or use of the Services at any time, including using available public records. Regardless, the Company advises each user to spend time learning about each person with whom they share a carpool.
Any information, text, graphics, photos or other materials uploaded, downloaded or appearing on our Services, including all personally-identifiable information (“Personal Information”), are collectively referred to as “Content”. When you provide Content to us (“your Content”), you warrant to us that you have all rights necessary to provide your Content to us.
In addition to your Content, some of the Content on the Services is owned by us (“VOOM Content”), and by other people and entities (“Third Party Content”). You may use VOOM Content and Third Party Content for your personal use while you are a registered user of the Services solely for the purpose of using the Services. Except for your Content, you may not share any Content with any other person or entity without the prior written permission of the owner of that Content. For example, you would need to obtain the prior written permission of the third party that owns the Third Party Content prior to re-posting it to another website or application, or sharing it with others.
We own the VOOM Content and the Services. You may not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices in or accompanying the Services or any of the Content other than your Content. You may not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Services or any Content other than your Content. You may not upload any Content or otherwise use the Services for the purpose of bullying or denigrating any other user or person.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person or organization that originates the Content. We do not monitor the Content posted via the Services. Except for VOOM Content, VOOM will not be liable for any Content, including but not limited to any errors or omissions in any Content, or any loss or damage of any kind incurred arising out of the Content or any use of any Content.
Your use of or reliance on any Content or materials posted on the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services. We do not endorse any opinions expressed via the Services.
You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings or Content that have been mislabeled or are otherwise deceptive. If you see any inappropriate Content on the Service, please contact us (e.g., by email to email@example.com), and we will remove the inappropriate Content or take other action.
For any of your Content that you provide to us, you grant VOOM a nonexclusive, perpetual, irrevocable, worldwide, unlimited, assignable, sublicenseable, transferable, fully paid-up and royalty-free right and license to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize your Content in any form, format or process now known or hereafter discovered, via the Services or otherwise, including but not limited to any user-generated Content, ideas, concepts, techniques or data, without any further consent by you, and without any notice or compensation to you or to any third parties (“Content License”). Except for the Content License you grant to us, you retain the ownership or other rights you may have to your Content. Prior to providing us with your Content, you should retain a copy of your Content in a safe place accessible to you. As noted elsewhere in these Terms, the Content License does not apply to your Personal Information.
At any time, we may provide copies of your Content or any Third Party Content to law enforcement or other authorities, including if we believe that a crime or violation of applicable Laws has occurred or is about to occur, or for any other reason in our sole discretion.
You are responsible for your use of the Services, for your Content, and for the consequences of what you do.
You represent, warrant, and agree that you will not contribute any Content or otherwise use the Services or interact with the Services in a manner that:
- Infringes or violates the intellectual property rights or any other rights of anyone else (including the Company);
- Violates any law or regulation, including any applicable export control laws;
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Jeopardizes the security of your VOOM account or anyone else’s (such as allowing someone else to log in to the Services as you);
- Attempts, in any manner, to obtain the password, account, or other security information from any other user;
- Violates the security of any computer network, or cracks any passwords or security encryption codes;
- Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
- Copies or stores any significant portion of the Content;
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
Additionally, you may not use the Services or information obtained from the Services for the purposes of circumventing VOOM’s messaging system or booking tools.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
What if I see something on the Services that infringes my copyright?
We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers.
We will respond to notices of alleged copyright infringement that comply with applicable law, including the Digital Millennium Copyright or “DMCA” at 17 U.S.C. §512. For more information on the DMCA, see https://www.copyright.gov/dmca-directory/ .If you would like the benefit of your legal protections under the DMCA, please review the DMCA to ensure your compliance.
If you believe that your Content has been copied in a way that constitutes copyright infringement or the infringement of other intellectual property rights, please send us a written request to remove the allegedly-infringing Content (“takedown notice”). Each takedown notice must be in English and include the following information:
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
- Information reasonably sufficient to permit us to locate the material (e.g., if it is one the VOOM Site, a detailed uniform resource locator or “URL”).
- Your contact information, including your postal address, telephone number, and an email address.
- A statement by you that you have a good faith belief that use of the Content or other material in the manner complained of is not authorized by the copyright owner or other owner, its agent, or the law.
- A statement that the information in the notice is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner or other owner.
- A physical or electronic signature of the copyright owner, other owner, or a person authorized to act on their behalf.
On our receipt of a takedown notice, we may publish the takedown notice to the general public, or provide a copy of the takedown notice to the user that uploaded or provided the Content accused to be infringing (“Accused Content”). For any takedown notice that is subject to the provisions of the DMCA, the original provider of the Accused Content may have the right to send a written notice to us (“counter notice”) demanding that the Accused Content be restored to the Services.
In compliance with the DMCA or other applicable law, we may implement any takedown notice by removing the Accused Content or other material from public view on the Services. In addition, we may implement any counter notice by restoring the Accused Content or other material to public view on the Services. In either case, VOOM shall bear no liability to you or anyone else for the posting, removal or re-posting of any Accused Content.
Independent of the DMCA and any other applicable laws or regulations, we reserve the right to remove any Accused Content without prior notice, at our sole discretion, and without liability to you or anyone else. In appropriate circumstances, VOOM may also terminate a registered user’s account:
- If we determine the registered user to be a repeat infringer.
- If the registered user is the subject of multiple takedown notices.
- If the registered user sends false or unsupported takedown notices.
Our designated copyright agent for sending takedown notices and counter notices is:
Attn: Copyright Agent
My 3 Stars, LLC
PO Box 236
Lincroft, NJ 07738
Finally, if you are aware of any infringing or stolen emails or other Content, or any other questionable materials or behaviors on or in connection with the Service, please contact us immediately, including at admin@VOOMcarpool.com .
Who is responsible for what I see and do on the Services?
Any information, including any Personal Information or Content, publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk. We are not liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We are not responsible for any claims relating to inaccurate, untimely or incomplete information provided by users of the site. Furthermore, the Company disclaims any liability for any misstatements and/or misrepresentations made by any users of the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
You may from time to time receive Personal Information of another User. For example, upon confirmation of a booking, users will be provided with each other’s contact information. In addition, any Sponsor may share the Personal Information of users who register with or through the Sponsor with any other user. Any Personal Information you receive may only be used for the specific purpose it was provided to you in connection with the Services.
The Company has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, the Company will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that the Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release the Company, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or our Services.
Will VOOM Carpool ever change the Services?
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
Does VOOM Carpool cost anything?
Though many of our Services are currently free, the Company reserves the right to require payment or fees for certain or all Services. We will notify our registered users and post the change before we begin to require payment to use the Services.
What if I want to stop using VOOM Carpool?
The Company is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. The Company has the sole right to determine whether or not you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. As noted above, you should keep copies of your Content, including any information you may have stored in your account (to the extent allowed by Laws and these Terms), but we reserve the right to keep all Content, including Personal Information as permitted by applicable Laws.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or to indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights such as the Content License, and terms regarding disputes between us.
I use the VOOM Carpool App available via the Apple App Store. Do I need to know anything about that?
These Terms apply to your use of all the Services, including the iPhone, iPad Touch, and iPad applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application:
- Both you and the Company acknowledge that the Terms are concluded between you and the Company only, and not with Apple, and that Apple is not responsible for the Application or the Content;
- The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sub licensable basis, solely to be used in connection with the Services for your private, personal use (and in the case of each Sponsor, in connection with the Sponsor’s users), subject to all the terms and conditions of these Terms as they are applicable to the Services;
- You will only use the Application in connection with an Apple device that you own or control;
- You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
- In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
- You acknowledge and agree that the Company, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
- You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, the Company, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- Both you and the Company acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
- Both you and the Company acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
- In the event you use the Application to provide yourself with real-time route guidance, YOUR USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.
What else do I need to know?
The Company has no special relationship with or fiduciary duty to you, your children or any third party.
You acknowledge that the Company has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
You release the Company from all liability for you having acquired or not acquired Content through the Services. The Company makes no representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services.
EACH USER REPRESENTS AND WARRANTS THAT (A) THE USER WILL COMPLY WITH ALL APPLICABLE LAWS, RULES AND REGULATIONS (COLLECTIVELY, “LAWS”), INCLUDING ALL LAWS APPLICABLE TO DRIVERS AND THEIR VEHICLES; (B) EACH DRIVER IS CURRENTLY LICENSED TO DRIVE, AND THE DRIVER’S LICENSE IS NOT SUSPENDED; (C) EACH DRIVER’S VEHICLE IS REGISTERED AND INSURED; (D) EACH DRIVER’S VEHICLE IS CURRENT ON ALL INSPECTIONS AND IS IN GOOD WORKING ORDER; (E) THE SAFETY EQUIPMENT ON EACH VEHICLE IS IN GOOD WORKING ORDER, INCLUDING ANY CHILD OR YOUTH CAR SEATS; (F) EACH DRIVER WILL DRIVE IN A RESPONSIBLE AND SAFE MANNER AT A SAFE SPEED; (G) EACH DRIVER WILL NOT PERMIT ANY DISTRACTIONS WHILE DRIVING, INCLUDING ANY TEXTING OR USE OF UNNECESSARY ELECTRONIC DEVICES; (H) EACH DRIVER WILL BE SOBER AND NOT UNDER THE INFLUENCE OF ANY ILLICIT SUBSTANCES; AND (i) EACH DRIVER WILL USE REASONABLE EFFORTS TO CHOOSE A SAFE AND REASONABLY SHORT ROUTE FOR EACH CARPOOL TRIP. EACH USER AS A PASSENGER WILL USE REASONABLE EFFORTS TO VET EACH DRIVER THAT THE PASSENGER WILL BE CARPOOLING WITH.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND, AS A RESULT, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
WE PROVIDE THE SERVICES AND ALL INFORMATION, INCLUDING THE CONTENT, ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS ABOUT OUR SERVICES OR THOSE OF OUR PARTNERS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR FEEL HARMED BY THE COMPANY, THE SERVICES, ANY SPONSORS, ANY OTHER USERS, OR ANYTHING RELATED TO THE SERVICES, YOU MAY CLOSE OR TERMINATE YOUR ACCOUNT AND STOP USING THE SERVICES, AS FURTHER STATED IN THE TERMINATION PROVISIONS OF THESE TERMS. TERMINATION IS YOUR SOLE AND EXCLUSIVE REMEDY AGAINST THE COMPANY AND THE SPONSORS.
NEITHER WE NOR ANY OF OUR SPONSORS WARRANT OR REPRESENT THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. WE DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR WITHOUT ERRORS. THE OPERATION OF THE SERVICES, INCLUDING THE VOOM SITE AND APPLICATION, MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. WE AND THE SPONSORS DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS. FURTHERMORE, WE AND THE SPONSORS DISCLAIM ALL LIABILITY FOR ANY MALFUNCTIONS, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET OR ANY OTHER NETWORK, AND FOR ANY OTHER REASON.
LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL THE COMPANY (OR ITS LICENSORS OR SUPPLIERS OR SPONSORS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO THE COMPANY IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) FOR BODILY INJURY, EMOTIONAL DISTRESS OR ANY OTHER DAMAGES RESULTING FROM USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION FROM PARTICIPATION IN ACTIVITIES SCHEDULED THROUGH THE SERVICES, OR COMMUNICATIONS WITH OTHER USERS, OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL.
This limitation of liability shall apply regardless of whether (i) you base your claim on contract, tort, statute or any other legal theory, (ii) we knew or should have known about the possibility of such damages, or (iii) the limited remedies provided IN these Terms fail of their essential purpose.
SOME REGIONS, COUNTRIES AND OTHER JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. FOR EXAMPLE, THE STATE OF NEW JERSEY DOES NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY IN CONSUMER CONTRACTS.
YOU ARE SOLELY RESPONSIBLE FOR ENSURING THE SAFETY AND WELL-BEING OF YOUR CHILDREN AND THE CHILDREN OF OTHERS WHO ARE UNDER YOUR CARE AT ALL TIMES AND TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS.
THE COMPANY HAS NO OBLIGATION TO VERIFY THE IDENTITY OF USERS, OR CHECK USERS’ DRIVING RECORDS, SUITABILITY OF AUTOMOBILE OR EQUIPMENT (INCLUDING, BUT NOT LIMITED TO, CAR SEATS OR OTHER CHILD SAFETY DEVICES), OR PROPER INSTALLATION THEREOF. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR APPROPRIATENESS IN TRANSPORTING OR CARING FOR CHILDREN.
Indemnity. You agree to indemnify and hold the Company, its affiliates, officers, agents, employees, suppliers, licensors, Sponsors, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), (b) your failure to comply with applicable law, including legal requirements for licensing and insurance of drivers, and (c) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without the Company’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the State of New Jersey without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Hearings will be held by video conference. Judgment upon the award rendered by such arbitrator shall be binding on the parties, and may be entered and enforced in any court of competent jurisdiction.
Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Company may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit, or when required by applicable Laws. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and the Company agree that these Terms are the complete and exclusive statement of the mutual understanding between you and the Company, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of the Company and you do not have any authority of any kind to bind the Company in any respect whatsoever. Except as expressly set forth in the section above regarding the Apple Application, you and the Company agree there are no third party beneficiaries intended under these Terms.
Effective Date: October 27, 2017 Version: TOS 1.4