Untitled Page

This Terms & Conditions Agreement ("Terms of Use", "Agreement" or "User Agreement") applies to use of services on the domain and subdomains of www.CarpoolCleveland.com (or hereafter sometimes referred to as "CarpoolCleveland" "Website" “Site” or the "CarpoolCleveland system"). The Website is the property of Francis Business Services, LLC, North Olmsted, OH. This Agreement describes the terms and provisions applicable to your use of our services available under the domain and subdomains of www.CarpoolCleveland.com and, in the absence of any other written agreement signed by the parties, also applies to any interaction between or among you and our affiliates, subsidiaries, joint ventures, and others as described herein. Before you can use our services, you must first register with us through our Website. During this registration, you must accept our Terms & Conditions and Privacy Policy by clicking "I AGREE TO THE TERMS & CONDITIONS AND PRIVACY POLICY OF CarpoolCleveland". If you do not agree, do not use or access CarpoolCleveland.

We may, at our sole discretion, amend, change, modify or otherwise alter this Agreement at any time without prior notice by posting the amended, changed, modified or altered terms on the Website. Such modifications shall become effective immediately upon the posting thereof. Your continued use of the Website and any service, application, plug-in, component, functionality or program created by CarpoolCleveland indicates your agreement to be bound by these terms of service in effect at the time of such use, including specifically, the posted amended terms. You may review the current Agreement prior to initiating a transaction at any time at our Terms & Conditions & Privacy Policy page. If you do not agree to the revised terms and conditions, your sole recourse is to immediately stop all use of the Website and any service, application, plug-in, component, functionality or program created by CarpoolCleveland. In this Agreement, "you" or "your" “member” or “travel partner” means any person or entity using the Service ("Users"). Unless otherwise stated, "us", "we" or "our" will refer collectively to CarpoolCleveland, its owners, its members, officers, managers, employees, or agents, affiliates and subsidiaries and joint venturers, and their officers, directors, employees, members, managers, agents or persons performing similar tasks or functions.

To understand our services, please refer to the additional content available on the Website. Please note, however, that the Terms & Conditions and Privacy Policy shall prevail in the event that there is any conflict between any content on the Website and these two documents. Our Terms & Conditions and Privacy Policy shall prevail over any notifications such as emails coming from the Website.

This Agreement is effective upon acceptance in registration for new registering users, and is otherwise effective on November 12, 2008 for all users.

Please review this Agreement carefully and as regularly thereafter as you deem important to you, as it many change from time to time, and as it limits our liability and also limits your legal and other remedies regarding any claim against us. You have agreed that any posted amendments control as the agreement between us and you, and are retroactive to the date of our first interaction.

CarpoolCleveland introduces you to new people. To fully understand safety and security implications, please read the Frequently Asked Questions, Terms & Conditions and Privacy Policy sections on the website.

The purpose of this service is to assist members in identifying transportation alternatives and potential partners for travel. We cannot and will not assess the suitability of individuals participating in this program and decline any liability associated with it. We cannot and will not assess the suitability of the transportation alternatives suggested to you by the Website, or any person accessing it or communicating with you through or related to it.

Contacting other members and making postings are permitted only for personal use for the purpose of arranging a carpool. Users may not use the Website or contact other Users for any other purpose, including but not limited to, promoting another website, promoting a business or service, or for social purposes without a separate written contract with Carpool Cleveland. Users may not use the Website for defaming, abusing, harassing, stalking, threatening or otherwise violation the legal rights of others.

To the extent that CarpoolCleveland provides its Users an opportunity to store and exchange information, materials, data, files, programs, ideas and opinion (“User Content”), you hereby represent and warrant that you have all necessary rights in and to all such information you provide and all information contained therein. By registering to use CarpoolCleveland, you understand and acknowledge that CarpoolCleveland and its contractors retain an irrevocable, royalty-free, worldwide license to use, copy and publicly display such User Content for the sole purpose of providing to you the services for which you have registered. In the event that you give CarpoolCleveland the right to distribute your User Content, additional terms may apply to CarpoolCleveland’s usage or distribution of this User Content. You continue to retain all ownership rights in any User Content you provide and shall remain solely responsible for your conduct, your User Content, and any material or information transmitted to other Users for interaction with other Users. CarpoolCleveland does not claim any ownership rights in any User Content.

You agree not to access, modify, translate, adapt, edit, copy, decompile, disassemble, reverse engineer, monitor or copy any content, software or information from this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our written permission. You agree not to violate the restrictions in robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website. You agree not to take any action that imposes, or may impose, in our discretion, an unreasonable disproportionately large load on our infrastructure, including any use that results in excessive bandwidth usage as determined by a representative of CarpoolCleveland. You may not use the Website to send or otherwise make available any material that contains viruses, Trojan horses, worms, corrupted files, or any other similar software that may damage the operation of another’s computer or property.

Unauthorized use of the CarpoolCleveland service, or the resale of said service without our prior written consent, is expressly prohibited. You shall not copy, sell, distribute, publish, or assign your license to our services in any format to any third party. In addition, you may not use the Website in any way that violates applicable federal, state or international law, or for any unlawful purpose. Further, you may not use the Website to send, receive or download messages or materials that are inappropriate in the sole discretion of CarpoolCleveland or violate the intellectual property rights of CarpoolCleveland or others. You may not use the Website to download any material sent by another User that you know, or reasonably should know, cannot be legally distributed in such manner. CarpoolCleveland shall have the right, but not the obligation, to reject, refuse to post, or otherwise monitor all content displayed by User, and may remove or require Users to remove all content that CarpoolCleveland, in its sole discretion, deems to be inconsistent with CarpoolCleveland’s strategic mission and vision (including but not limited to content that contains undesirable images of or links or references to tobacco or alcohol products, profanity, pornography, violence or prejudicial content) and/or these Terms and Conditions. In addition, CarpoolCleveland has the right to remove any content if CarpoolCleveland has reason to believe that displaying such content may infringe the rights of a third party or subject CarpoolCleveland to liability. CarpoolCleveland reserves the right, in its sole discretion, to determine whether and what action to take in response to each violation hereof, and any action or inaction in a particular instance shall not dictate or limit CarpoolCleveland’s response to future uses or complaints. You acknowledge and agree that CarpoolCleveland shall not assume or have any liability for any action or inaction by CarpoolCleveland with respect to any User Content.

CarpoolCleveland will not be a party to disputes, negotiations of disputes involving travel partners, third party alternative transportation providers, carpoolers, vanpoolers or others who meet using our Website. We cannot and will not play any role in managing payments between the travel partners or Users. You agree to hold CarpoolCleveland its owner, its members, officers, managers, employees, affiliates and subsidiaries and joint venturers, and their officers, directors, employees, members, managers, or persons performing similar tasks or functions harmless and free from any loss, cost, expense, liability or claim regarding any claim between or amount carpools created in whole or in part from CarpoolCleveland, or among or between travel partners whether one or more has used or has access of Carpool Cleveland.

The suggestions, FAQ and documentation on the Website are provided to help you make personal decisions for yourself or others you may be assisting at your choice, decision and risk. CarpoolCleveland is not liable to any consequence arising out of any decisions made by members, or you regardless of whether the decision was influenced by any recommendation made on the Website.

We will not sell or rent your personal information. We will share your information with other potential travel partners as per our Privacy Policy.

A valid email address and email account is required for using the services offered by the Website. It is your responsibility to maintain validity of this email address and account. Should your email address change, please visit our Website and update your email address. Failure to maintain a valid email address and email account on your part may cause loss of some or all of the services offered on the Website.

Children or minors (persons under the age of 18) are not permitted to use CarpoolCleveland. Convicted criminals and sex offenders are not permitted to use the Website. Our services are available only to, and may only be used by, individuals who can form legally binding contracts under "Applicable Law" (Applicable Law is described below). Business entities are permitted to use the Website only after explicit approval from us. You warrant that all information supplied by you on this Website is true, accurate, current and complete. You warrant to maintain and promptly update all information supplied by you on this Website to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future us of the Website (or any portion thereof). You warrant that you will not misrepresent your identity or impersonate any person. You warrant that any use of this Website will be for your own use or for another person for whom you are legally authorized to act. You may not attempt to charge others to use the Website either directly or indirectly. You may not attempt to interfere with any other person’s use of the Website. You may not attempt to gain access to any account, computers or networks related to CarpoolCleveland without authorization. You warrant that you will safeguard your account information and you will supervise and be completely responsible for any use of your account by anyone other than you. You warrant that you will immediately notify CarpoolCleveland of any unauthorized use of your account or any other breach of security. CarpoolCleveland cannot and will not be liable for any loss or damage arising from any unauthorized use of your account. Business entities may reach us via the "Contact" link to initiate the approval process.

Drivers must have a valid driver’s license and proper and all legally required auto insurance if offering a ride through the Website. Proof must be shown to rider if requested. You agree to provide true and accurate information and Users agree that CarpoolCleveland is not responsible to enforce and can not enforce the obligation of others to provide true and accurate information.

CarpoolCleveland reserves the final right to judge acceptable use. We also reserve the final right to change, delete or de-activate any user's information as required to ensure acceptable use without notice and without any liability to any party whatsoever. Without limiting any other remedies, CarpoolCleveland may suspend or terminate your account if we suspect that you have engaged in fraudulent or misleading activity in connection with the Website, any activity we deem is not compliant with our Terms & Conditions and Privacy Policy, or any activity we deem not in the best interest of our members, such determinations in the sole discretion of CarpoolCleveland. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

"Applicable Law" means any applicable law, statute, treaty, regulation and ordinance of any state, province, territory or country.

CarpoolCleveland may introduce you to new people registered on our Website for the purposes of carpool, vanpool, or any other service a member offers or that is offered by the Website. We cannot and will not assess the suitability of individuals participating in this program and decline any liability associated with it. CarpoolCleveland will not be a party to disputes, negotiations of disputes between carpool partners. We cannot and will not play any role in managing payments between the carpool partners. The suggestions, FAQ and documentation on the website are provided to help members make these decisions for themselves. CarpoolCleveland is not liable for any consequence arising out of any decisions made by you or any members, regardless of whether the decision was influenced by any recommendation made on the website. Responsibility for the decisions you or a member makes regarding services offered via CarpoolCleveland (with all its implications) rests solely with you or the member involved.

We will attempt to correct errors brought to our attention. However, we are not involved in and in no way responsible for any actual dealings between carpooling members or carpooling members and others and eventualities arising out of using services on our Website. We have little or no control over the truth or accuracy of the data members may provide, the ability of members to drive, ride, share costs, etc. As a result, there are risks, including but not limited to the risks of dealing with: strangers, foreign nationals, illegal immigrants, underage persons, people acting under false pretenses, persons without driver’s licenses, persons without insurance, persons who do not own or properly control the vehicles they control, persons engaged in other forms of illegal activity. Accordingly, the information provided herein is provided "AS IS" without any representation, warranty, promise or verification, express or implied, of CarpoolCleveland. By using this site, you agree to assume all risks associated with dealing with other members, Users or others whom you come in contact with through information provided on this website.

CarpoolCleveland uses technologies and standards it has determined appropriate to websites that it considers appropriate regarding availability and reliability. Disruptions in our service are always possible, and should be expected as irregular but recurring events, due to foreseeable or unforeseen events such as weather changes, power outages, accidents or intentional interference. In no event will CarpoolCleveland and its owners, its members, officers, managers, employees, or agents affiliates and subsidiaries and joint venturers, and their officers, directors, employees, members, managers, agents or persons performing similar tasks or functions be liable to any claims or losses arising out of such disruptions.

We may change the software and service or delete features at any time and for any reason. Without limited the general nature of the provisions herein, CarpoolCleveland is not responsible or liable for (1) any content, including without limitation, any infringing, inaccurate, obscene, indecent, threatening, offensive, defamatory, tortuous or illegal content, or (2) any third party conduct, transmissions, or data. In addition, without limiting the general nature of the provisions herein, CarpoolCleveland is not responsible for (1) any viruses, or other disabling features that affect your access to or use of the software and services, (2) any incompatibility between the software and services and other web sites, services, software, and hardware, (3) any delays or failures you may experience in initiating, conducting or completing any transmissions or transactions in connection with the software and services in an accurate or timely manner, or (4) any damages or costs of any type arising out of or in any way connected with your use of any software and services available from third parties through links.

CarpoolCleveland reserves the right to terminate without notice your password, account or use of CarpoolCleveland services and delete any data within CarpoolCleveland, in our sole discretion, without cause and/or without notice. You may terminate your user account upon notice to CarpoolCleveland at any time. Any data you have stored on CarpoolCleveland’s systems may not be retrieved and CarpoolCleveland shall have no obligation to maintain any data stored in your account or to forward any data to you or any third party.

By accessing and/or using this site, you agree to release CarpoolCleveland and its owners, its members, officers, managers, employees, or agents affiliates and subsidiaries and joint venturers, and their officers, directors, employees, members, managers, agents or persons performing similar tasks or functions from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

In no event shall CarpoolCleveland, its owners, its members, officers, managers, employees, or agents affiliates and subsidiaries and joint venturers, and their officers, directors, employees, members, managers, agents or persons performing similar tasks or functions be liable for lost profits, indirect, punitive, special, incidental or consequential damages from use of the Website or services including negligence.

CarpoolCleveland and services provided are offered "AS IS" and without warranty or conditions, express or implied or statutory. CarpoolCleveland expressly disclaims any implied warranties of title, merchantability, fitness for any particular purpose and non-infringement. There are no warranties that extend beyond the face of this Agreement. The entire risk as to satisfactory quality, performance, accuracy, and effort is with you. If you are dissatisfied with the CarpoolCleveland, you do not agree with any part of this Agreement or you have any other dispute or claim with or against any CarpoolCleveland party with respect to this Agreement or Website, then your sole and exclusive remedy is to discontinue using this Website. In the event that, notwithstanding the disclaimers and indemnifications herein, CarpoolCleveland is found responsible to any User for any reason whatsoever, CarpoolCleveland’s responsibility shall be limited to the amounts actually paid by such User for CarpoolCleveland’s services, and shall not include punitive damages or consequential or resulting damages of any nature.

You agree to indemnify and hold CarpoolCleveland, its owners, its members, officers, managers, employees, or agents, affiliates and subsidiaries and joint venturers, and their officers, directors, employees, members, managers, agents or persons performing similar tasks or functions from any loss, liability, claim or demand, including reasonable attorneys' fees, expenses, and any indirect, consequential, special, incidental, or punitive damages made by any third party due to or arising out of your use of the Website.

Any claim or controversy relating to the use of CarpoolCleveland or services shall be settled by binding arbitration in North Olmsted, OH on an individual basis and not combined or in conjunction with any claim by any other party, by the party with a claim initiating a proceeding under the general commercial rules of the American Arbitration Association. In the event of any unsuccessful claim against us, you or the person bringing the claim agrees to pay and reimburse us for any legal expense and any loss cost or other expense incurred, including reasonable attorneys’ fees. You agree no proceeding shall be brought against CarpoolCleveland.

All notices shall be made in writing to CarpoolCleveland c/o Francis Business Services, LLC P.O. Box 336, North Olmsted, OH 44070.

This agreement shall be governed in all respects by the laws of the State of Ohio. We do not guarantee continuous and uninterrupted service or secure access to the Website or its services. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference only and in no way define this agreement. Our failure to act on a breach by you or any third party does not waive our right to act in accordance with this agreement. CarpoolCleveland may deny use to any third party in its sole discretion. It is agreed that CarpoolCleveland will have the right to use information supplied to CarpoolCleveland for any purpose, including without limitation publication of all or part of any information for public display. CarpoolCleveland shall have no obligation and will not resolve disputes among third parties.

Disputes between you and CarpoolCleveland regarding our services may be reported by clicking on the “Contact” link on our Website and following the directions listed there. We encourage you to report all user-to-user disputes to your local law enforcement authorities, the postmaster general, or to a certified mediation or arbitration entity, as may be appropriate. Any rights not expressly granted herein are reserved.

This document was last updated on November 12, 2008.