CarpooltoSchool Terms of Use

CarpooltoSchool’s Terms of Use, Privacy Policy, Sales Agreement and payment constitute a subscription. Each school must have an authorized signer review, acknowledge and execute prior to launching a CarpooltoSchool site.

We encourage you to have your legal team review.

TERMS OF USE – June 2017

These Terms of Use (“Terms”) govern the use of the services (“Services”) offered by Go Together, Inc. f/k/a CarpooltoSchool, LLC (“CarpooltoSchool”) through its CarpooltoSchool.com web Site and Mobile App(the “Site”) and the use of all text, data, information, software, graphics, photographs, and more (all of which We refer to as “Materials”). Please read the Terms before using the Site. Use of the Services or the Site and Mobile App constitutes a legal agreement to all Terms between You and CarpooltoSchool and its subsidiaries and affiliated companies. If You object to anything in these Terms or the Site’s Privacy Policy, do not use the Site and Mobile App or the Services. We may alter the Services or Materials We offer You and/or choose to modify, suspend, or discontinue this Site or Mobile App at any time and without notifying You. The Terms are also subject to change at any time, effective upon posting on the Site, and Your use of the Services after such posting will constitute acceptance by You of any and all such changes. You acknowledge and agree to be bound by the modifications. If You object to any such modifications, Your sole recourse shall be to cease using this Site and Mobile App. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of this Site or Mobile App. These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.

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.

General Use

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.

Eligibility

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.

EMAIL CONTACT

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.

Disclaimer

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.

Feedback

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.

Indemnification

CarpooltoSchool and School will not be held responsible and expressly disclaims any liability whatsoever for any claims and/or controversies that may arise between Users or that relate to or arise out of the acts or omissions of other Users. By using this Site, You do hereby represent, understand, and expressly agree to indemnify and hold CarpooltoSchool, School , their parent, subsidiaries, officers, directors, owners, agents, employees, successors, assigns, representatives, sponsors or advertisers (collectively referred to as “Indemnitees”) harmless to the greatest extent possible under applicable law from and against any and all judgments, fines, penalties, amounts paid in settlement and any other amounts reasonably incurred or suffered by Indemnities in connection with any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative (“Claim”), to which indemnitees are, were, or at any time become a party, or are threatened to be made a party, due to the alleged acts or omissions of another User. You further agree to pay any and all expenses reasonably incurred by Indemnitees in defending any Claim or Claims (including reasonable attorneys’ fees and other reasonable costs of investigation and defense), as the same are incurred and in advance of the final disposition of any such Claim or Claims, upon receipt of an undertaking by or on behalf of Indemnitees to reimburse such amounts if it shall be ultimately determined that Indemnitees are not entitled to be indemnified by the User under this Agreement. Indemnitees shall not be entitled to indemnification or advancement of expenses: (a) if a court of competent jurisdiction, by final judgment or decree, shall determine that (i) the Claim or Claims in respect of which indemnity is sought arise from Indemnitee’s fraudulent, dishonest or willful misconduct, or (ii) such indemnity is not permitted under applicable law. All agreements and obligations of the User under this paragraph do not terminate upon termination of this Agreement and shall continue for so long as Indemnitees shall be subject to any possible action, suit, proceeding or other assertion of a Claim or Claims. By agreeing to the terms of this Agreement, you also agree to indemnify Indemnitees from and against any and all claims, losses, expenses or demands of liability, including attorneys’ fees and costs incurred by Indemnitees, in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content You submit, post or transmit through the Site, or (ii) use of the Site and Mobile App in violation of these Terms of Use or in violation of any applicable law. You further agree that you will cooperate as reasonably required in the defense of such claims.

Account Information

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.

Links

Links from the Site and Mobile App to other sites on the Web are provided as an information service only. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. CarpooltoSchool and its Site and Mobile App do not control such websites, and is not responsible for their content or any materials provided by a third party. Users further acknowledge that use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use for those websites, and not by CarpooltoSchool’s Terms of Use and Privacy Policy.

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

Users are responsible for providing accurate, timely and complete information to us in connection with their registration for and use of the Site. In the event that any information is inaccurate or incomplete, You hereby authorize the School to access your User account solely as necessary to correct, update, or complete User information or facilitate the Services on your behalf. CarpooltoSchool is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided to us. “Your Information” is defined as any information you provide to us or other users, including a designated School on your behalf, through the Site. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. With respect to Your Information: Your Information (or any items or contents listed therein): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene or contain child pornography or, if otherwise adult in nature and harmful to minors; (g) shall not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other partners or suppliers. You hereby grant to CarpooltoSchool a perpetual, non-exclusive worldwide, fully paid, royalty-free, sublicensable (through multiple tiers) license to use, copy, reproduce, distribute, modify, create derivative works of, perform and display Your Information solely for the purposes of: (a) incorporating Your Information in the Service; (b) reproducing Your Information for backup and archival purposes; and (c) providing the Services as contemplated in these Terms. CarpooltoSchool shall be the sole and exclusive owner of any modifications to or derivative works of Your Information prepared by or on behalf of CarpooltoSchool, subject to your underlying rights in Your Information. Further, you expressly acknowledge and agree that CarpooltoSchool will monitor your use of the Service and compile aggregated, anonymized statistical and performance information related to the provision and operation of the Service (“Aggregated Statistics”). As between you and CarpooltoSchool, all right, title and interest in the Aggregated Statistics and all intellectual property rights therein, belong to and are retained solely by CarpooltoSchool. CarpooltoSchool will only use Your Information in accordance with our Privacy Policy.

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.

Privacy

CarpooltoSchool’s Privacy Policy located on its Site and Mobile App as modified from time to time shall govern any disclosure or use of User’s personal information. By using this Site, you do hereby represent, understand and agree that you have reviewed and agree to those terms.

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.

Arbitration Procedures

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.

Jury Waiver

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.

Severability

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.

Continuation

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.

Miscellaneous

Failure by CarpooltoSchool to enforce any provision(s) of these Terms shall not be construed as a waiver of any provision or right. These Terms, and all other aspects of use of the Site, shall be governed by and construed in accordance with the laws of the State of Maryland, without regard to its conflict of laws rules. All claims and disputes arising out of these Terms or use of the Site and Mobile App shall be exclusively brought in the federal, state or local courts located in Maryland; and, with regard to such claims and disputes, Users hereby irrevocably (i) submit to the exercise of personal jurisdiction over them by these courts, and (ii) waive any jurisdictional, venue or inconvenient forum objections to such courts. These Terms of Use constitute the entire agreement between Users and CarpooltoSchool with respect to the Site and Mobile App and Users have not relied on any promises or representations made by CarpooltoSchool, its agents or employees, or SCHOOL, except as set forth herein.

If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use shall remain in full force and effect.

These Terms of Use inure to the benefit of CarpooltoSchool, its successors and assigns.

By initialing each page above and checking “I Agree” below, you acknowledge as authorized signer for your school, that the school is bound by these Terms & Conditions and to the “Terms of Use” of CarpooltoSchool.

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.

Contact Us

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.

Copyright (c) 2017 CarpooltoSchool Powered by Go Together, Inc.

 

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