Effective Date: March 27, 2017.
NOTICE: The Service consists of an Application that is designed to assist you in identifying and entering into independent arrangements with third party carpool partners in your local area and on your regular travel route so that you may travel together. The Application is aimed at connecting eligible individuals who are seeking a ride (“Riders”) with eligible individuals who are willing to provide transportation using their personal motor vehicles (“Drivers”). The matched Driver and Rider may travel together (“Carpool”) for a portion of the Driver’s trip. Each trip you complete as a Rider or Driver is referred to as a “Ride.” The Service is not a transportation service and iCarpool is not a commercial transportation carrier or a “ride for hire” service. Drivers are not commercial drivers and the Service is solely intended for personal, non-commercial use. By voluntarily entering into an independent relationship with a third party Driver or Rider, you agree that iCarpool has no responsibility or liability in connection with that relationship. You understand that use of the Service is solely at your own risk. You agree to use the Service for your own personal use.
You represent and warrant that you are at least 18 years of age or the age of legal majority in your jurisdiction, whichever is higher, if you are a Rider. You represent and warrant that you are at least 21 years of age if you are a Driver. If you are under age 18, you may not download, access, or use the Service. If we discover or have any reason to suspect that you are not at least 18 years of age, we reserve the right to suspend or terminate your access to the Service immediately and without notice. Individuals who have been convicted of (a) any felony; (b) any serious criminal offense, including, but not limited to sexual and/or violent offenses; or (c) any misdemeanor within the past seven years are not eligible to use the Service. By using the Service, you represent and warrant that you have never been convicted of (a) any felony; (b) any serious criminal offense, including, but not limited to sexual and/or violent offenses; and that you have not been convicted of committing a misdemeanor in the seven years prior to applying for an Account. If you are convicted of a felony or misdemeanor after you start using the Service, you must notify us and stop using the Service immediately. Any false representation or unauthorized use of the Service may result in immediate termination of all rights to use or access the Service and may be subject to legal action. Drivers are subject to additional Terms and eligibility criteria. Please see our iCarpool Driver Terms of Service.
3. Account Registration; Access
In order to use the Service, you must download the Application and register for an account (“Account”) or log in using your credentials from a third party website (e.g., Facebook Connect). When you register for an Account, you provide a password that is used to protect your account. Choose a password carefully that only you have access to. If you register using Facebook Connect, your login and password is authenticated by Facebook. To the extent you register for an Account with iCarpool, you must provide iCarpool with current, complete, and accurate information. Failure to maintain updated payment information may result in termination of your Account. You must keep your password confidential and not authorize any third party to use it or your Account unless otherwise authorized by iCarpool. You agree that iCarpool may attribute all use of your Account to you and that you are responsible for all activities that occur under your Account. The iCarpool staff does not have access to your password and iCarpool will never proactively reach out to you to ask for any personal account information, including your user name or password. If you share your computer or device, you should sign out of your iCarpool account before relinquishing control of your computer or device. You must notify iCarpool immediately if you suspect any unauthorized use of your Account or any other breach of security. Unless otherwise authorized by iCarpool, you agree to only sign up for one Account.
4. Carpool Fees
All fees paid in connection with the Service are cashless and must be made through the Service. Riders provide payment and Drivers accept payment in the form of “Ride Credits,” which may be purchased through the Service and added to your Account. All fees paid by Riders to Drivers must be in the form of Ride Credits purchased through the Service using the payment mechanism supported by the Service. Cash payments are strictly prohibited and Riders should never pay Drivers for a Ride in cash. You must add sufficient Ride Credits to your account prior to booking a Ride for which those Ride Credits will be used. If your Account does not have sufficient Ride Credits required for a Ride prior to booking, the system may not allow you to book your Ride. Fees are based on the distance you travel as calculated by our third party map provider, and that distance may be different than the actual distance you travel on the road. iCarpool reserves the right to charge you a minimum fee for any Ride less than 5 miles. iCarpool reserves the right to change, increase, or decrease fees associated with use of the Service at any time and in its sole discretion. All payments made using the Service are non-refundable. Payments are processed by Stripe, Inc., our third party payment processor. The fees and payments exchanged in the Service are intended to provide a reimbursement to Drivers for costs incurred in connection with vehicle maintenance and mileage. Drivers are not otherwise compensated for driving. If you are a Driver and you have questions about the taxability of any payments you receive via the Service, please consult your independent tax advisor. Also see our iCarpool Driver Terms of Service.
5. Lost or Damaged Personal Items; Disclaimer
iCarpool is not responsible for and does not maintain insurance coverage for any damaged or lost personal items associated with your use of the Service.
6. Non-Discrimination Policy
iCarpool strictly prohibits discrimination on the basis of race, national origin, religion, sex, gender identity, physical or mental disability, marital status, age, or sexual orientation. By accessing, downloading, or using the Service, you agree you will not discriminate or engage in harassment on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, marital status, age, or sexual orientation. We reserve the right to suspend or terminate your access to the Service immediately and without notice for any violation of this policy. To report a violation of iCarpool’s Non-Discrimination Policy, please contact us at: firstname.lastname@example.org.
7. Drug and Alcohol Policy
iCarpool strictly prohibits open containers for alcohol in a Driver’s vehicle regardless of whether you are a Driver or Rider. iCarpool strictly prohibits the use of alcohol or drugs by any Driver using the Service. If you suspect a Driver is driving under the influence of alcohol or drugs, take all steps necessary to protect yourself and do not get into the car or leave that Driver’s vehicle as soon as possible. Call the authorities if necessary, and let us know. To report a violation of iCarpool’s Drug and Alcohol Policy, please contact us at: email@example.com.
8. User Code of Conduct
You agree that while using the Service, you will comply with all applicable local and national laws and regulations and that you will at all times comply with the iCarpool User Code of Conduct. iCarpool reserves the right to terminate your Account and/or your access to the Service and/or warn our community of your actions for any violation of this Section or any other provision of these Terms or if we are unable to verify or authenticate any information you provide to us and we believe that your actions may cause financial loss or legal liability for you, our users, or us. If iCarpool suspects violations of any of the foregoing, iCarpool may institute legal action and cooperate with law enforcement authorities in bringing legal proceedings against violators. You agree to reasonably cooperate with us in investigating suspected violations. You authorize iCarpool to install, implement, manage, and operate one or more software, monitoring, or other solutions designed to assist in identifying or tracking activities that iCarpool considers to be illegal or violations of these Terms. iCarpool reserves the right to remove or block any Content found in violation of this Section.
The Service allows you to Carpool with other individuals who register as Riders or Drivers with the Service. We do not assess the suitability of individuals as Riders or Drivers and in all cases decline any liability associated with you being introduced to another person through the Service and any related eventualities. While we perform certain checks to determine the eligibility of Riders and Drivers as documented on our Site, we cannot guarantee that the results of those checks are accurate and up to date and we do not control the data Riders or Drivers may provide, the ability of Drivers to drive legally and safely, the condition of Driver vehicles, or a Rider or Driver’s criminal background, etc. As a result, there are risks, including but not limited to the risks of dealing with: strangers, underage persons, or people acting under false pretenses. Because of the high precision with which we compute your location, it is theoretically possible to trace a location entered in the Service back to a physical location such as your current location, a home or a work place. It is also theoretically possible that someone could misuse the information acquired through the Service to commit a crime. In all cases you agree to assume all risks, and we disclaim all liability arising out of your use of the Service. Any decision by a Rider or Driver to offer or accept transportation once such Rider or Driver is matched through the Service is a decision made in such Rider or Driver’s sole discretion. It is solely up to a Driver whether or not to offer a Ride. Likewise, it is solely up to a Rider whether or not to take a Ride with a matching Driver. Drivers and Riders are responsible for all safety measures associated with using the Service, including, but not limited to, safe stopping and wearing seat belts and each person using the Service assumes all risk associated with travelling with another person in a motor vehicle. iCarpool does not and does not intend to provide transportation services or act in any manner as a transportation carrier, and disclaims all responsibility or liability for any transportation services provided by a Driver to a Rider using the Service. If you do not feel comfortable sharing a Ride for any reason, you should use another means of transportation. The Service may provide you suggestions, best practices and documentation related to carpooling. These are provided for reference and we are not liable for any consequences arising out of any decisions made by you, regardless of whether the decision was influenced by the Service. In all cases you agree to assume all risks, and we decline all liability arising out of your use of the Service.
10. Permitted Use of the Application and Service
The Application and Service and all photos, information, graphics, text, images, sounds, and other materials (including metadata) that are provided to you through the Service (“Content”) are owned by iCarpool and/or its licensors. The Application is licensed, not sold. You may download and use the Application and Service solely as permitted and in compliance with these Terms. You may not otherwise use, modify, copy, print, display, reproduce, distribute, publish, disassemble, decompile, or reverse engineer any portion of the Application or Service, except to the extent that applicable law expressly permits your disassembly or reverse engineering despite this limitation. You acknowledge and agree that you will not work around any technical limitation in the Application or use the Application or Service in any attempt to or in conjunction with any device, program, or service designed to circumvent measures employed to control access to, or rights in, the Application or the Service. You may not use the Application or Service for any illegal purpose. Any scraping, automated access, or other unauthorized access to and storage of Content is prohibited. You further agree not to interfere with the proper functioning of the Service and not to use the Service in a way that suggests you are a representative of iCarpool. You agree not to use the Service in any way that would interfere with or disrupt the operation of the Service or the networks or servers connected to the Service in any manner; to impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity; to upload, post or otherwise transmit any Content that infringes the proprietary rights of any third party, or is otherwise unlawful or offensive; to harass or otherwise harm any other person or entity; or to engage in commercial activities of any kind. We reserve the right to determine whether your Account falls into high usage category which may prompt us to take appropriate action, including but not limited to, charging you reasonable fees for the high usage, disable your Account temporarily, or disable your Account permanently. Any unauthorized use of the Service may result in termination of all rights to use the Service and may be subject to legal action.
11. User Ratings and Feedback
You may be offered the opportunity to provide feedback and/or ratings about the Drivers or Riders you connect with using the Service (“User Ratings.”) You agree to provide fair and accurate User Ratings. You also agree that we may publicly disclose any User Ratings that you submit about Drivers or Riders and that User Ratings submitted about you may be displayed in your iCarpool profile. iCarpool does not necessarily actively monitor feedback and ratings left by our users. iCarpool reserves the right to modify or delete User Ratings that it deems, in its sole discretion, to be inappropriate or in violation of these Terms.
12. Promotional Offers
We may, from time to time, and in our sole discretion, make promotional offers redeemable for Ride Credits or other benefits, subject to availability and subject to any additional terms that accompany such offers. Promotional offers are not transferrable, not redeemable for cash, may be cancelled at any time by iCarpool, may not be duplicated or shared publicly, and will be forfeited upon termination of these Terms or termination of your Account. Promotional offers may be offered to some or all iCarpool Account-holders and receipt of an offer by another iCarpool Account-holder has no bearing on any offers you may or may not receive. When you receive any promotional item from iCarpool, whether tangible or intangible, that has perceived monetary value, you take on the responsibility of paying all taxes associated with your receipt of such item. You are ultimately responsible for declaring your taxes correctly and iCarpool does not take any responsibility towards it whatsoever. If you have questions about taxability of any promotional item you receive from iCarpool, please consult an independent tax advisor. If at any time you would like to opt-out from receiving promotional emails, you may do so by clicking the “unsubscribe” link in any email you receive. You will continue to receive essential Account-related emails that are not promotional in nature.
13. Technical Requirements
A valid email address and a valid mobile phone number are required to use the Service. It is your responsibility to maintain the validity of your email address and your mobile phone number. Should your email address or mobile number change, please update your Account information. A mobile device supported by the Service and a data plan which allows the Application to access online resources and receive SMS notifications is required. To use the Service, you are required to download and install the Application on your phone.
14. Location Data; Disclaimer
Location data provided by the Service is provided for informational purposes and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to a safety issue, death, personal injury, property or environmental damage. Neither iCarpool, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the Service.
15. Vehicle Insurance; Disclaimer
You understand and agree that iCarpool does not provide any insurance coverage when you use the Service. Whereas the Service requires a Driver to carry a valid insurance policy, we do not represent that coverages on the Driver’s insurance policy are applicable or adequate to cover Riders and we do not check that the policy is current at the time a Rider uses the Service. Driver coverages may no longer be current, may not apply to Riders, or may not be sufficient to cover a Rider’s loss or medical payments in the event of an accident, and Riders accept all risk and sole responsibility for any loss, lost time or wages, property damage, medical payments due to injury, or death that may occur as a result of using the Service. Should you require, you may check the insurance coverage of the Driver prior to boarding the Driver’s vehicle. By accepting the Ride and boarding the Driver’s vehicle, you represent you have full knowledge of the Driver’s insurance coverage and you understand and accept the risks associated with the Carpool.
16. User Content
iCarpool may, from time to time, allow you to submit Content to the Service. For example, Drivers and Riders will be required to upload a profile picture. iCarpool does not control or endorse and is not responsible or liable for any Content provided by users of the Service (“User Content”). iCarpool does not claim ownership of User Content. However, you grant to iCarpool and all members of the public who have access to User Content on or through the Service a worldwide, royalty-free, perpetual, fully-paid, sublicensable, transferable, and non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display the User Content you make available through the Service and to publish your name and other information about you in connection with that User Content. You represent and warrant that you have all the rights necessary to grant the rights in this Section and that the use and publication of your User Content will not violate any law. You must not provide any User Content that infringes others’ copyrights or other intellectual property or privacy rights, and if you do, you are breaching this contract. You are solely responsible for all User Content you make available through the Service and your use of the Service is at your own risk. iCarpool reserves the right to remove or modify User Content if it violates the Terms or is offensive. If you provide us any suggestions for improvements (“Feedback”) to the Service, you hereby irrevocably assign to us all right, title and interest in and to the Feedback, without restriction or any obligation of compensation.
17. Support and Updates
iCarpool has no obligation to and may not provide support for the Service. If iCarpool does provide updates, supplements, or add-on components to the Service after the date you initially use, access, or download the Service or Content (collectively, “Updates”), these Terms will apply to the Updates. If iCarpool provides additional terms along with any Update, those terms will apply to the Update. You agree that iCarpool may automatically check your version of the Service and may automatically send updates to your device. iCarpool may add new features or remove existing features offered through the Service. iCarpool also reserves the right to discontinue your access to the Service. iCarpool may, at its sole discretion, release subsequent versions of the Service and require you to obtain and use the most current version.
18. Service Availability
You may use the Service if and when it is available. iCarpool does not guarantee availability of the Service and there may be interruptions for scheduled maintenance or upgrades, repairs, or equipment failures. Certain Service features may be a pre-release version and may not work correctly or in the way a final version might work. iCarpool may significantly change the final version or decide not to release it. To the maximum extent authorized under applicable law, iCarpool reserves the right to change, remove, delete, restrict or block access to, or stop providing any or all part of the Service at any time without notice.
19. Changes to these Terms
20. Third Party Products, Services, Websites, and Links
You may need to use or obtain additional products or services in order to use the Application or Service, such as a device, mobile phone number, internet access, or a data connection, and there may be fees charged by third parties that are related to your use of the Service. For example, your mobile carrier may charge you for data or text messages (“SMS”) sent or received by the Application on your phone. You must obtain or use such products or services separately and pay all associated charges (including for internet access, text messages or other data transmission). The Site and Application may contain links or references to third party websites (“Linked Sites”). iCarpool does not endorse any Linked Sites or the information, products, or services contained on any Linked Sites, and we have no control over Linked Sites or their content. Linked Sites are governed by their own user agreements and privacy policies, which you should be sure to read. iCarpool is not responsible for and does not control any Content you may share on a Linked Site and access to any Linked Site is solely at your own risk.
21. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND SERVICE ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE REMAINS WITH YOU. ICARPOOL AND ITS MEMBERS, SUPPLIERS, AND LICENSORS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. IN PARTICULAR, ICARPOOL, ITS SUPPLIERS, AND LICENSORS MAKE NO WARRANTY THAT THE APPLICATION OR SERVICE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) ANY INFORMATION OR CONTENT OBTAINED THROUGH IT WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR (D) THAT ANY DEFECTS OR ERRORS THEREIN WILL BE CORRECTED. ALL CONTENT YOU OBTAIN THROUGH THE APPLICATION IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS THEREFROM.
22. DISCLAIMER OF CERTAIN DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ICARPOOL OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, SERVICE PROVIDERS, PARTNERS, SUBSIDIARIES, AFFILIATES, JOINT VENTURES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL; SPECIAL; INCIDENTAL; INDIRECT; OR PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS, THE APPLICATION, OR THE SERVICE EVEN IF ICARPOOL OR ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
23. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER SECTIONS 21 OR 22, ICARPOOL’S AND ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, SERVICE PROVIDERS, PARTNERS, SUBSIDIARIES, AFFILIATES, JOINT VENTURES, SUPPLIERS’ AND LICENSORS’ MAXIMUM, AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS, THE APPLICATION, OR THE SERVICE WILL BE TO RECOVER THE ACTUAL DAMAGES YOU INCUR BASED UPON REASONABLE RELIANCE ON THE APPLICATION OR SERVICE UP TO ONE HUNDRED DOLLARS (U.S. $100). THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THESE TERMS, THE APPLICATION, OR THE SERVICE WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES WHICH WILL BE YOUR SOLE AND EXCLUSIVE REMEDY.
24. Independent Remedies
The exclusion of damages under Section 22 is independent of your exclusive remedy in Section 23 and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability in Sections 21, 22, and 23 apply without regard to whether loss, liability, or damage arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.
25. NOTICE ON POTENTIAL LIMITS OF SECTIONS 21, 22, and 23
Some jurisdictions do not allow the exclusion or limitation of damages (including incidental or consequential), loss, or liability from intentional acts (including fraud, fraudulent misrepresentation, and failure to disclose defects), product liability, or for death or personal injury. Nothing in Section 21, 22, or 23 will be interpreted as excluding liability which cannot under applicable law be excluded in those jurisdictions. If you reside, or are otherwise subject to the laws in one of those jurisdictions any statutory entitlement available to you will be deemed limited to the extent (if at all) permissible under that law and, if limitation is not permitted, the limitations and exclusions in this section may not apply to you.
You will defend, indemnify, and hold iCarpool, its directors, officers, employees, agents, partners, suppliers, and licensors harmless and will keep them indemnified from any third party claim or demand, including reasonable attorneys’ fees, relating to or arising from (a) your use of the Service; (b) any violation by you of these Terms; or (c) your violation of any another party’s rights or applicable law.
iCarpool may give you all required notices (including legal process) by any lawful method, including by mail, by posting notices in the Service, or by sending notice to any email address you provide to iCarpool.
You agree to send iCarpool notices by mailing them to the following address:
1567 Highlands DR NE, STE 110 #210
Issaquah, WA 98029
28. Reservation of Rights; Copyright and Trademark Notice
iCarpool owns all title, copyright, and other intellectual property rights in the Service and reserves all rights not expressly granted to you in these Terms. The Service is protected by copyright and other intellectual property laws and treaties. The Service may contain third-party software that is subject to open source or third-party license terms (“Third Party Terms”), and your use of the Service is subject to any Third Party Terms included in the Application. In the event of a conflict between these Terms and any Third Party Terms, these Terms will govern. iCarpool, the iCarpool logo, and other iCarpool product and service names referenced in the Service are the trademarks of iCarpool and its affiliates. Any other company names, product names, service names, or logos referenced in connection with the Service may be the trademarks of their respective owners.
29. DMCA Copyright Notice and Takedown Procedures
iCarpool respects the intellectual property rights of others. If you believe that any Content or material available in the Service infringes your copyright or the copyright of any third party, please send written notice in accordance with the provisions of the Digital Millennium Copyright Act (“DMCA”) to our designated Copyright Agent, who can be reached as follows:
To be effective, notice must include the following, in compliance with Section 512(c) of the DMCA:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. 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, and specific information sufficient to permit us to locate the material;
d. Information sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This process is only available for reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material is infringing may be subject to liability. If you are unsure whether material on the Site is infringing, you should contact an attorney prior to sending notice. After receiving notice, iCarpool may remove or disable access to infringing material.
30. Governing Law and Exclusive Jurisdiction; Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Washington without reference to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction and venue in the state and federal courts sitting in King County, Washington, United States, for any and all disputes, claims, and actions arising from or in connection with the iCarpool Service or these Terms. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. YOU AND ICARPOOL EACH AGREE THAT ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATED TO YOUR USE OF THE APPLICATION OR SERVICE OR THESE TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND ICARPOOL, WILL BE RESOLVED IN KING COUNTY, WASHINGTON BY BINDING ARBITRATION BY A SINGLE NEUTRAL ARBITRATOR OR, IF THE CLAIM QUALIFIES, IN SMALL CLAIMS COURT. YOU AND ICARPOOL EACH ALSO AGREE THAT THESE TERMS AFFECT INTERSTATE COMMERCE SO THE FEDERAL ARBITRATION ACT APPLIES, INCLUDING WITH RESPECT TO ANY QUESTION OF WHETHER A CLAIM OR DISPUTE IS SUBJECT TO ARBITRATION (DESPITE THE CHOICE OF GOVERNING LAW IN THIS SECTION). YOU AND ICARPOOL EACH AGREE TO ONLY PURSUE ARBITRATION ON AN INDIVIDUAL BASIS AND THAT YOU WILL NOT PURSUE ARBITRATION IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE BASIS, REGARDLESS OF THE APPLICATION OF PROCEDURAL RULES BY ANY ARBITRATOR. IF ANY COURT OR ARBITRATOR HOLDS THAT THE CLASS ACTION WAIVER IS UNENFORCEABLE, THEN THE DISPUTE MUST BE BROUGHT IN A STATE OR FEDERAL COURT IN KING COUNTY, WASHINGTON. YOU AND ICARPOOL EACH ALSO AGREE THAT FOR ARBITRATED CLAIMS THE ARBITRATOR’S AWARD WILL BE FINAL AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. For each dispute or claim, you and iCarpool will each give the other the opportunity to resolve it by sending the other a written description along with relevant documents, supporting information and the proposed resolution. Notice to iCarpool must be sent to the contact in Section 27. iCarpool will attempt to notify you in writing if iCarpool has your email or mailing address. If iCarpool does not have your address iCarpool will post a notice on the Notices section on the Site. You and iCarpool each agree to negotiate disputes and claims in good faith. If we are unable to resolve the dispute or claim within 90 days after iCarpool receives your notice or iCarpool mails or posts the notice to you, you and iCarpool each may pursue the dispute or claim in arbitration or, if the claim qualifies, in small claims court. If you want to arbitrate, to begin arbitration you must send a letter requesting arbitration and describing your claim to the contact listed for iCarpool in Section 27. The American Arbitration Association (AAA) will arbitrate all disputes and the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply. You and iCarpool each are responsible for your own respective costs relating to the arbitration, except that iCarpool will pay the arbitration administrative or filing fees, including the arbitrator fees. An arbitrator may award on an individual basis any relief authorized by law, including injunctive or declaratory relief and attorneys’ fees.
You may terminate your Account or your use of the Service at any time by contacting us at firstname.lastname@example.org. iCarpool reserves the right to terminate or suspend the Service or your Account at any time, for any reason or no reason, and without explanation or prior notice. These Terms will automatically terminate upon your breach of these Terms. If terminated, you must immediately destroy all copies of the Application. Upon termination, we will remove your personally identifiable information from the Service, although some information (including personally identifiable information) may be archived indefinitely, or as long as legally required or allowed, for our business needs and in order to deter fraud, abuse or a breach of our contract. Any promotional credits or coupons we may have made available to you will be forfeited upon termination. Any provision which, by its nature or express terms should survive, will survive such termination, including, but not limited to, Sections 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, and 32.
If a court of competent jurisdiction holds any provision of these Terms to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect, and any unenforceable provision will be modified to the extent necessary to make it enforceable, which may include its deletion. Section titles are only for convenience and have no legal or contractual significance. iCarpool may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense your rights, if any, in the Service (including any right to access the Service). These Terms will be binding upon all of iCarpool’s successors and assigns. iCarpool’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. A waiver will only be binding on iCarpool if it is in a written document signed by iCarpool. These Terms (including any incorporated terms) constitute the entire agreement between you and iCarpool with respect to your use of the Service. Both you and iCarpool warrant to each other that, in entering these Terms, neither iCarpool nor you have relied on nor will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. Any translation of these Terms is done for local requirements. If there is a dispute between the English and any non-English version, the English version will govern. No one other than you and iCarpool, or iCarpool’s successors and permitted assigns, will have any right to enforce any of these Terms.
33. Contact Information
If you have questions or comments regarding the Service, your Account, or these Terms, please contact us at: