We encourage you to have your legal team review.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH THE COMPANY. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
We invite you to use the Site and Mobile App for individual, consumer purposes only. In these Terms we are granting You a limited, personal, non-exclusive and non-transferable license to use and to display the Materials. Your right to use the Materials is conditioned on Your compliance with these Terms. You have no other rights in this Site or Mobile App or any Materials, and You may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any of this Site, Mobile App, or Materials in any manner. If You make copies of any of this Site or Mobile App while engaging in a permitted use, then We ask that You be sure to keep on the copies all of Our copyright and other proprietary notices as they appear on this Site and Mobile App. Unfortunately, if You breach any of these Terms the above license will terminate automatically and You must immediately destroy any downloaded or printed Materials (and any copies thereof) and cease using the Services, Site, and Mobile App.
Our Services are available only to individuals who can form legally binding contracts under applicable law and who have a valid legal driver’s license. Without limiting the foregoing, our Services are available to minors with a valid legal driver’s license and who are under the age of eighteen (18) upon receipt of written consent from a parent or legal guardian . You Are Responsible for Selecting and Qualifying Other Members of Your Carpool and for Ensuring Communication/Arrangements with Those Members.
Carpooltoschool.com is a Site and Mobile App that assists users in finding, contacting, and communicating with other users to make school pool (school pools include carpools, walkpools, and bike pools) arrangements (collectively, “you” or “Users”). You will be deemed a User of the Services upon creating a user account associated with your child’s school, organization or designated group (collectively, the “School”). You are solely responsible for evaluating and selecting those Users with whom you will carpool, bikepool, or walkpool. CarpooltoSchool does not conduct background checks, including but not limited to criminal background checks and/or DMV record checks, of other Users to ensure their appropriateness to provide school pool services. You consent to have us provide your information to the School and to other Users registered with your School to help you find people to share your transportation and that of your children. CarpooltoSchool additionally provides the Service that is intended to assist Users in making school pool arrangements and confirming such arrangements, you are ultimately responsible for ensuring that all arrangements have been clearly communicated. If for any reason you feel that there is confusion over the arrangements that have been made and/or you are not certain that the other member(s) of your school pool have received alerts regarding the arrangements, you should contact those member(s) directly.
Standard Text Messaging Rates Apply
CarpooltoSchool may send text messages to Users of the Site and Mobile App in connection with providing the Services. All standard text messaging rates apply and you, as a User of the Site, agree to be responsible for paying any and all of your cellular phone carrier’s charges.
CarpooltoSchool reserves the right to send e-mail to You for the purposes of informing you of applicable changes or additions to the Service or any CarpooltoSchool related products and services.
1. Acts of Other Users
YOU HEREBY REPRESENT, UNDERSTAND AND EXPRESSLY AGREE THAT CARPOOLTOSCHOOL AND SCHOOL DO NOT WARRANT OR HAVE CONTROL OVER THE INTEGRITY, RESPONSIBILITY, DRIVING ABILITY, CRIMINAL/PERSONAL HISTORY OR ANY OTHER ASPECT RELATING TO OTHER USERS, NOR DO THEY HAVE CONTROL OVER THE SAFETY, MAINTENANCE OR SUITABILITY OF A USER’S MOTOR VEHICLE. YOU HEREBY EXPRESSLY AGREE NOT TO HOLD CARPOOLTOSCHOOL, SCHOOL, THEIR PARENT, SUBSIDIARIES, OFFICERS, DIRECTORS, OWNERS, AGENTS, EMPLOYEES, SUCCESSORS, ASSIGNS, REPRESENTATIVES, SPONSORS OR ADVERTISERS LIABLE FOR ANY ACTS OR OMISSIONS OF OTHER USERS. Such acts or omissions might include but are not limited to theft or damage to belongings, failure to operate vehicle in safe manner and/or abide by motor vehicle laws, failure to use proper safety restraints, failure to carry proper car insurance, failure to appear at designated place and/or time for carpooling appointment, failure to communicate with carpool members, unscheduled substitution of drivers, inappropriate conduct, language, music or smoking in the vehicle, personal injury or death.
2. The Site
WHILE CARPOOLTOSCHOOL TAKES ALL STEPS TO ENSURE THE ONGOING TECHNICAL INTEGRITY OF THE SITE, CARPOOLTOSCHOOL DOES NOT WARRANT THAT THE SITE AND MOBILE APP WILL BE UNINTERRUPTED OR ERROR-FREE AT ALL TIMES. CARPOOLTOSCHOOL DOES NOT WARRANT THAT THE SITE AND MOBILE APP WILL ALWAYS BE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. CARPOOLTOSCHOOL AND SCHOOL SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OR INABILITY TO USE THE SITE. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and for maintaining a means external to the Site for any backup or reconstruction of lost data. We disclaim all equitable indemnities.
CARPOOLTOSCHOOL DOES NOT MAKE ANY WARRANTY AS TO THE TIMELINESS, ACCURACY, COMPLETENESS OR RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH ITS SITE. ALTHOUGH CARPOOLTOSCHOOL TAKES REASONABLE MEASURES TO ENSURE THAT THE INFORMATION PROVIDED BY USERS IS NOT ACCESSIBLE OR DISCLOSED TO ANYONE OTHER THAN THOSE INDIVIDUALS SPECIFIED BY USERS AND AUTHORIZED SCHOOL PERSONNEL, CARPOOLTOSCHOOL CANNOT GUARANTEE THAT THE PERSONAL INFORMATION ENTERED BY USERS WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. USERS AGREE NOT TO HOLD CARPOOLTOSCHOOL AND SCHOOL LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH MISAPPROPRIATION, INTERCEPTION, DELETION, DESTRUCTION OR USE OF INFORMATION PROVIDED THROUGH THE SITE. THE SITE AND MOBILE APP IS PROVIDED “AS-IS” AND CARPOOLTOSCHOOL, LLC DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF USE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
YOU AGREE CARPOOLTOSCHOOL WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES, AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES, THIRD PARTY SERVICES, AND/OR THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED BY OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.
Limitation of Liability
WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING , COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS WEBSITE OR MOBILE APPLICATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.
Local Laws; Export Control
We control and operate this Site and Mobile App from Our headquarters in the United States of America and the entirety of this Site and Mobile App may not be appropriate or available for us in other locations. If You use this Site or Mobile App outside the United States of America, You are solely responsible for following applicable local laws.
Any submissions by You to Us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and We are free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that We are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution.
You hereby agree to be the sole, authorized owner of your account. You acknowledge and agree that from time to time the School may access your account on your behalf through an administrative account to manage or update information as necessary in order to provide or help facilitate the Services to You. You are responsible for checking the accuracy and completeness of information entered, whether by You, the School, or an authorized User of your account, in order to facilitate Services to You. If any information is incorrect, You will be responsible for correcting the information or contacting the School directly to make any changes to Your account. Services may not be fully available to You until all information has been entered. You are responsible for maintaining the confidentiality of any password and account number provided by you or CarpooltoSchool for accessing the Site, and are fully responsible for all activities that You initiate under your password or account. You agree to immediately notify CarpooltoSchool through its Site and Mobile App or via email of any unauthorized use of Your password or account or any other breach of security. Should You authorize any third party to use your account, other than the School, You hereby agree to supervise all usage thereof. CarpooltoSchool has no control over the use of your account and expressly disclaims any liability derived therefrom.
Inappropriate Use of Site
We authorize Your use of this Site and Mobile App for individual, consumer purposes only. Any other use of the Site or Mobile App beyond this use is prohibited and therefore, constitutes an unauthorized use of the Site or Mobile App. Unauthorized use of the Site or Mobile App may result in violation of various United States and international copyright laws.
You agree not to use the Site and Mobile App for the following purposes:
· Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of other Users.
· Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information.
· Use the Site and Mobile App for any purpose which is in violation of local, state, national or international law.
· Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party.
· Upload files that contain viruses, corrupted files, or any other similar software or Services that may damage the operation of another’s computer.
· Advertise or offer to sell any goods or services for any commercial purpose on the Site.
· Solicit or recruit other Users for any purpose other than for carpooling arrangements.
· Conduct or forward surveys, contests, pyramid schemes or chain letters.
· Impersonate another person or allow any other person or entity to use User’s identification to post or view comments.
· Post the same note repeatedly (referred to as ‘spamming’). Spamming is strictly prohibited.
· Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Site.
· Restrict or inhibit any other User from using and enjoying the Site.
· For any public or commercial purpose which includes use of the Site or Mobile App on another site or through a networked computer environment.
· To use any data mining, robots, or similar data gathering methods in connection with the Site or Mobile App.
· Attempt to gain unauthorized access to any portion of the Site or Mobile App or any other accounts, computer systems, or networks connected to this Site or Mobile App, whether through hacking, password mining, or any other means.
Suspension/Termination of Use
CarpooltoSchool retains the right to suspend or terminate privileges to any User not adhering to policies of the Site and Mobile App and where, in its sole discretion, it would be in the best interest of CarpooltoSchool and other Users that use be suspended or terminated. We may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Our discretion, We will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site, Mobile App, or on the Internet. You also agree to hire attorneys to defend Us if You violate these Terms and that violation results in a problem for Us. You also agree to pay any damages that We may end up having to pay as a result of Your violation. You alone are responsible for any violation of these Terms by You. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in such case, You agree to cooperate with Our defense of such claim.
All users do hereby agree to hold CarpooltoSchool harmless from any liability that may result from the use of links that may appear on the Site.
Information Provided by Users
Intellectual Property Rights
“CarpooltoSchool,” “CarpooltoSchool, LLC,” and “Go Together, Inc.” are trademarks that belong to Us. All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, SSL Images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) that Users see or read on the Site and Mobile App is owned by CarpooltoSchool or is used with permission. This Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Go Together, Inc. f/k/a CarpooltoSchool, LLC owns all Proprietary Material as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials. Users may not copy, download, use redesign, reconfigure, or retransmit anything from the Site and Mobile App without CarpooltoSchool’s prior express written permission. All rights not expressly granted herein are reserved.
Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of CarpooltoSchool and/or the relevant right holder.
Modifications to the Site or Mobile App
CarpooltoSchool reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Site and Mobile App or any content or information on the Site and Mobile App with or without notice to the User. You agree that CarpooltoSchool shall not be liable to User or any third party for any modification or discontinuance of the Site.
DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER.
Please Read This Provision Carefully. It Affects Your Legal Rights.
This Provision facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between You and Us. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to You (such as Our licensors, suppliers, dealers or third-party vendors) whenever You also assert claims against Us in the same proceeding.
This Provision provides that all disputes between You and Us shall be resolved by binding arbitration because acceptance of These Terms constitutes a waiver of Your right to litigation claims and all opportunity to be heard by a judge or jury. We prefer this because We believe arbitration is less drama-filled than litigation. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees). You may, however, opt-out of this Provision which means You would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). EVERYONE AGREES THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, You must first give Us an opportunity to resolve the Dispute which is first done by emailing Us at admin@carpooltoschool the following information: (1)Your name, (2) Your address, (3) A written description of Your Claim, and (4) A description of the specific relief You seek. If We do not resolve the Dispute within 45 days after receiving Your notification, than You may pursue Your Dispute in arbitration. You may pursue Your dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, Your or We may choose to pursue a Dispute in court and not by arbitration if: (a) The dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt-out of this Provision by emailing Us at admin@carpooltoschool the following information: (1) Your name; (2) Your address; (3) A clear statement that You do not wish to resolve disputes with Us through arbitration. Either way, We will not take any decision You make personally. In fact, We promise that Your decision to opt-out of this Arbitration Provision will have no adverse effect on Your relationship with Us. But, We do have to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and You must pursue Your dispute in arbitration or small claims court.
If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either You or We may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Because this Website and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – You or We may initiate arbitration in either New York or the federal judicial district that includes Your billing address. In the event that You select the latter, We may transfer the arbitration to New York so long as We agree to pay any additional fees or costs which the arbitrator determines You incur as a result of the transfer.
Payment of Arbitration Fees and Costs – So long as You place a request in writing prior to commencement of the arbitration, We will pay all arbitration fees and associated costs and expenses. But, You will still be responsible for all additional fees and costs that You incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses. In addition to any fees and costs recoverable under applicable law, if You provide notice and negotiate in good faith with Us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that You are the prevailing party in the arbitration, You will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both You and We specifically agree to do so following initiation of the arbitration. If You choose to pursue Your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to You. Neither You, nor any other user of this Website can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
You understand and agree that by accepting this Provision in these Terms, You and We are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, You and We might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that You would have if You went to court (e.g.,, the rights to both appeal and certain types of discovery) may be more limited or may also be waived.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.
This Provision shall survive the termination of Your account with Us or Our affiliates and Your discontinued use of this Website. Notwithstanding any provision in this Agreement to the contrary, We agree that if We make any change to this Provision (other than a change to the Notice Address), You may reject any such change and require Us to adhere to the language in this Provision if a dispute between Us arises.
California Consumer Notice
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Website and Service are provided by Go Together, Inc. If You have a question or complaint regarding the Website or Service, please contact Customer Service at admin@CarpooltoSchool. You may also contact Us by writing at P.O. Box 15830, Washington, D.C. 20003. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
If You have any questions about these Terms or otherwise need to contact Us for any reason, You can reach Us by Phone at 1-800-514-3808, or by email at admin@CarpooltoSchool.