CarpoolNow Terms of Use

 

The purpose of this mobile application (“mobile app”) is to provide state-of-the-art tools, information, and services for various commuter programs designed to mitigate congestion and provide commuting alternatives. The Terms of Use spell out what you can expect from us and what we expect from you. By accessing any areas of CarpoolNow.org or CarpoolNow.com (the “CarpoolNow mobile app”) riders and drivers, individually (“User”) and collectively (“Users”), agree to be legally bound and to abide by the terms set forth below. The CarpoolNow mobile app is owned and operated by Commuter Connections and the Metropolitan Washington Council of Governments (“MWCOG”). Any references herein to the CarpoolNow mobile app shall be deemed to refer to Commuter Connections, as applicable under the circumstances.

Please read these Terms of Use carefully. By accessing, using or continuing to use this mobile application, Users agree to accept and to be bound by all of these Terms of Use. If User does not agree to accept and/or does not agree to be bound by all of these Terms of Use, then User is not to access, use, or continue to use the CarpoolNow mobile app in any way whatsoever.

I. TRADEMARKS

The CarpoolNow mobile app is a trademark of Commuter Connections and MWCOG. All rights reserved. These and other Commuter Connections’ graphics, logos and service marks and trademarks of Commuter Connections and its affiliates may not be used without prior written consent of Commuter Connections. All other trademarks, product names, and company names and logos appearing on the CarpoolNow mobile app are the property of their respective owners.

II. DISCLAIMERS AND LIMITATION OF LIABILITY

User expressly agrees that the use of Commuter Connections services, including but not limited to Ridematching, a service which will allow drivers and passengers to connect to each other, is at User’s sole risk. Neither Commuter Connections or MWCOG, nor their affiliates, nor any of their officers, directors, employees, agents, third-party content providers, merchants, sponsors, or licensors (collectively, “Providers”), or the like, warrant that the CarpoolNow mobile app  will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the CarpoolNow mobile app, or as to the accuracy, reliability or currency of any information content, service, or merchandise provided through Commuter Connections.

This mobile app is provided by Commuter Connections on an “as is” and “as available” basis. Commuter Connections and MWCOG make no representations or warranties of any kind, express or implied, as to the operation of the app, the information, content, material or products, included on this mobile app. To the full extent permissible by applicable law, Commuter Connections and MWCOG disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness of a particular purpose. Commuter Connections and MWCOG will not be liable for any damages of any kind arising from the use of this mobile app, including but not limited to direct, indirect, incidental, punitive, or consequential damages. No oral advice or written information given by Commuter Connections or MWCOG or their affiliates, or any of their officers, directors, employees, agents, providers, or the like, shall create a warranty; nor shall User rely on any such information or advice.

Under no circumstances shall Commuter Connections or MWCOG or any other party involved in creating, producing or distributing the CarpoolNow mobile app be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the mobile app, including, but not limited to, reliance by a User on any information obtained from Commuter Connections or MWCOG or that result from mistakes, omissions, interruptions, deletion of files or emails, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to Commuter Connections’ records, programs, or services. User acknowledges that this paragraph shall apply to all content and services available through Commuter Connections. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

User is responsible for obtaining the data network access necessary to use the Services. User’s mobile network’s data and messaging rates and fees may apply if User accesses or uses the Services from a wireless-enabled device. User is responsible for acquiring and updating to compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Commuter Connections does not guarantee that the Services, or any portion thereof, will function on any particular hardware or device. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

III. CONTENT

a. PROPRIETARY RIGHTS

User acknowledges that the CarpoolNow mobile app contains information, data, software, photographs, typefaces, graphics, music, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Commuter Connections owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, a User may make copies of select portions of the Content, provided that the copies are made only for User’s personal use or to generate carpool matchlists for commuters without smartphone or Internet access which will include the names and contact information of drivers and passengers, and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.

b. THIRD-PARTY CONTENT

Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including Providers or any other User of Commuter Connections, are those of the respective authors or distributors and not of Commuter Connections or MWCOG or their affiliates or any of their officers, directors, employees, or agents. Neither Commuter Connections nor MWCOG nor their affiliates, nor any of their officers, directors, employees, or agents, nor any third party, including any Provider, or any other User of the CarpoolNow mobile app, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. Under no circumstances shall Commuter Connections or MWCOG, or their affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by a User’s reliance on information obtained through the CarpoolNow mobile app. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through the CarpoolNow mobile app and Commuter Connections.

c. EXPORT

The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations – including, but not limited to, the Export Administration Act and the Arms Export Control Act – and not to transfer, by electronic transmission or otherwise, any Content derived from the CarpoolNow mobile app and/or Commuter Connections to either a foreign national or a foreign destination in violation of such laws.

IV. MOBILE APP CONDUCT

User agrees, through User’s use of this service, that User will not use this mobile app to post any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually-oriented, threatening, invasive of a person’s privacy, or otherwise violating any law, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. User agrees not to post any copyrighted material unless the copyright is owned by User or by the mobile app. Although Commuter Connections and MWCOG do not and cannot review the electronic communications posted and are not responsible for the content of any of these messages, Commuter Connections reserves the right to delete any electronic communication for any or no reason whatsoever. User remains solely responsible for the content of the electronic communication, and User agrees to indemnify and hold harmless MWCOG and Commuter Connections, and their agents with respect to any claim, including attorney’s fees incurred responding to such claim, based upon transmission of User’s message(s), to the full extent permitted by applicable law.

Commuter Connections may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate Commuter Connections; or (iii) to protect the rights or property of Commuter Connections, its Users or Providers, and MWCOG. Commuter Connections reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, Commuter Connections, MWCOG, the communities that Commuter Connections serves, or any rights of Commuter Connections or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither Commuter Connections nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither Commuter Connections nor MWCOG, nor their affiliates, nor any of their officers, directors, employees, or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on Commuter Connections.

V. PRIVACY POLICY

In accordance with the terms of Commuter Connections’ Privacy Policy, Commuter Connections respects the privacy of its Users.  Commuter Connections collects information about Users when they use its mobile applications, websites, and other online products and services (collectively, the “Services”) and through other interactions and communications via email or through the Commuter Connections call center.

All personal information provided to the CarpoolNow mobile app is used for Ridematching or other commuter program request purposes only. All personal information will remain confidential. Commuter Connections will not share or sell User information to outside organizations or companies.

Commuter Connections collects information Users provide directly, such as when User creates or modifies User’s account, requests on-demand carpool services, contacts the Commuter Connections call center via email or by telephone, or directly communicates with Commuter Connections in any way. This information may include: name, email, phone number(s), postal address, profile picture, and other information User chooses to provide. Commuter Connections does not provide transportation services and is not a transportation carrier.  It is up to User’s sole discretion to decide whether or not to offer or accept a ride through the CarpoolNow mobile app.

Commuters determine what contact information they share with other commuters. Your home address is not given to other commuters, unless the commuter elects to share it with other commuters through their commuter profile.

When you, as a User, use these Services, Commuter Connections (“we”) collects information about User in the following general categories:

  • Location Information – When you use the Services for transportation or delivery, we collect precise location data about the trip from the CarpoolNow mobile app used by the driver. If you permit the mobile app to access location services through the permission system used by your mobile phone’s operating system, we may also collect the precise location of your device when the mobile app is running in the foreground or background. We may also derive your approximate location from your IP address.
  • Contacts Information – If you permit the mobile app to access the address book on your device through the permission system used by your mobile phone’s operating system we may access and store names and contact information from your address book to facilitate social interactions through our Services and for other purposes described in this Statement or at the time of consent or collection.
  • Transaction Information – We collect transaction details related to your use of our Services, including the type of service requested, date and time the service was provided, distance traveled, and other related transaction details.
  • Usage and Preference Information – We collect information about how you and site visitors interact with our Services, preferences expressed, and settings chosen. In some cases, we do this through the use of cookies, pixel tags, and similar technologies that create and maintain unique identifiers.
  • Device Information – We may collect information about your mobile operating device, including, for example, the hardware model, operating system and version, software and file names and versions, preferred language, unique device identifier, advertising identifiers, serial number, device motion information, and mobile network information.
  • Call and SMS Data – Our Services facilitate communications between Riders and Drivers. In connection with facilitating this service, we receive call data, including the date and time of the call or SMS message, the parties’ phone numbers, and the content of the SMS message. 
  • Log Information – When you interact with the CarpoolNow mobile app, we collect server logs, which may include information like device IP address, access dates and times, app features or pages viewed, app crashes and other system activity, type of browser, and the third-party site or service you were using before interacting with our Services.

Most mobile platforms have defined certain types of device data that mobile apps cannot access without User’s consent. These platforms may have different permission systems for obtaining User’s consent. For more information on platform level permissions that the mobile app may seek, User should visit your smartphone applications permissions web site page. 

We request permission for the CarpoolNow mobile app collection of precise location from your device per the permission system used by your mobile phone’s operating system. If you initially permit the collection of this information, you can later disable it by changing the location settings on your mobile device. However, this will limit your ability to use certain CarpoolNow mobile app features. Additionally, disabling the mobile app’s collection of precise location from your device will not limit our ability to collect your trip location information from a rider’s or driver’s device nor our ability to derive approximate location from your IP address.

We may seek permission for Commuter Connections’ app’s collection and syncing of contact information from your device per the permission system used by your mobile operating system.

Commuter Connections may also receive information from other sources and combine that with information we collect through the CarpoolNow mobile app. For example:

  • If you choose to link, create, or log in to your Commuter Connections account with a social media service, or if you engage with a separate app or website that uses our Application Programming Interface (“API”) (or whose API we use), we may receive information about you or your connections from that site or app.
  • If you also interact with our programs in another capacity, for instance as a user of other mobile apps or web sites we provide, we may combine or associate that information with information we have collected from you in your capacity as a CarpoolNow mobile app User. We may use the information we collect about you to:
    • Provide, maintain and improve our programs services, including, for example, to send you information or provide products and services you request, develop new features, provide customer support to riders and drivers, authenticate Users, and send product updates and administrative messages;
    • Perform internal operations, including, for example, to prevent fraud and abuse of our program services; to troubleshoot software bugs and operational problems; to conduct data analysis, testing, and research; and to monitor and analyze usage and activity trends;
    • Send or facilitate communications (i) between you and a driver, such as estimated times of arrival, or (ii) between you and a contact of yours at your direction in connection with your use of certain features, such as referrals, invites, or estimated time of arrival sharing;
    • Send you communications we think will be of interest to you, including information about products, services, promotions, news, and events of Commuter Connections, where permissible and according to local applicable laws; and to process contest, sweepstake, or other promotion entries and fulfill any related awards. You may opt-out of receiving promotional messages from us by following the instructions in those messages. If you opt-out, we may still send you non-promotional communications, such as those about your account, about Services you have requested, or our ongoing business relations;
    • Personalize and improve the services, including to provide or recommend features, content, social connections, referrals, and advertisements.

VI. SHARING OF INFORMATION 

We may share the information we collect about you as described in the Terms of Use or as described at the time of collection or sharing, including as follows:

Through Commuter Connections

  • Between Users to enable them to provide the carpool services you request. For example, we share your name, photo (if you provide one), and pick up and/or drop-off locations;
  • With other Users; and with other people, as directed by you, such as when you want to share your estimated time of arrival;
  • With the general public if you submit content in a public forum, such as blog comments, social media posts, or other features of our program services that are viewable by the general public;
  • With third parties whom you choose to let us share information, for example, other apps or websites that integrate with our API or Services, or those with an API or Service with which we integrate; and 
  • With vendors, consultants, marketing partners, and other service providers who need access to such information to carry out work on our behalf;
  • In response to a request for information by a competent authority if the disclosure is in accordance with, or is otherwise required by, any applicable law, regulation, or legal process;
  • With law enforcement officials, government authorities, or other third parties if we believe your actions are inconsistent with our User agreements, Terms of Service, or policies, or to protect the rights, property, or safety;
  • If we otherwise notify you and you consent to the sharing; and
  • In an aggregated and/or anonymized form which cannot reasonably be used to identify you.

The CarpoolNow mobile app may integrate with social sharing features and other related tools which let you share actions you take on our Services with other apps, sites, or media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the social sharing service. Please refer to the privacy policies of those social sharing services for more information about how they handle the data you provide to or share through them.

VII. TERMINATION OF USE

Commuter Connections may terminate User’s access, or suspend any User’s access to all or part of the CarpoolNow mobile app or Commuter Connections, without prior notice or liability for any reason whatsoever, including without limitation conduct that Commuter Connections, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a service provider, or Commuter Connections.

You may correct your account information at any time by logging into your online or mobile app account. If you wish to cancel your account, please email us at ridematching@mwcog.org. Please note that in some cases we may retain certain information about you for evaluation purposes such as your name and contact information including but not limited to a phone number(s), and email addresses.

Commuter Connections will comply with an individual’s requests regarding access, correction, and/or deletion of the personal data it stores in accordance with applicable law. You understand and agree that all information submitted by You through the CarpoolNow mobile app or otherwise to Commuter Connections becomes the property of Commuter Connections and MWCOG and may be used in the sole discretion of Commuter Connections in accordance with the Privacy Policy and the Terms of Use.

VIII. USAGE BY CHILDREN UNDER 18

Commuter Connections and MWCOG cannot prohibit minors from visiting this mobile app site. Commuter Connections and MWCOG must rely on parents, guardians and those responsible for supervising children under 18 to accompany them when using this service. The CarpoolNow mobile app is available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the CarpoolNow mobile app is not available to minors or Users who have had their User account temporarily or permanently deactivated and would be responsible in accompanying a minor while using this service. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement.

IX. APPLICABLE LAW

This site is created and controlled by Commuter Connections in Washington, D.C. As such, the laws of the District of Columbia will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the District of Columbia and of the United States of America for any litigation arising out of or relating to use of the CarpoolNow mobile app (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the District of Columbia courts and agrees not to plead or claim in any District of Columbia Court that such litigation brought therein has been brought in an inconvenient forum.

X. SEVERABILITY

The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

XI. MODIFICATION

Commuter Connections reserves the right to amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is User’s sole responsibility to check the CarpoolNow mobile app to view any such changes to the Terms of Use. If you continue to use the CarpoolNow mobile app, you signify your agreement to our revisions to these Terms of Use.

XII. ASSIGNMENT

Commuter Connections may assign or delegate these Terms of Use, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without Commuter Connections prior written consent, and any unauthorized assignment and delegation by you is void. You may not authorize third parties to use your account.

XIII. OTHER PROVISIONS

The Terms of Use, including all documents referenced herein, represent the entire understanding between User and Commuter Connections regarding your relationship with Commuter Connections and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE by using the Commuter Connections the CarpoolNow mobile app. The aforementioned Terms of Use are subject to change without notice to you, the User.

If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced.  Headings are for reference purposes only. Failure on Commuter Connections’ part to act with respect to a breach by User or others does not waive Commuter Connections’ or MWCOG’s right to act with respect to subsequent or similar breaches. These Terms of Use, and all writings and CarpolNow mobile app functionality incorporated by reference into these Terms of Use, set forth the entire understanding and agreement.

We may change this Statement from time to time. If we make significant changes in the way we treat your personal information, or to the Terms of Use, we will provide you notice through the Services or by some other means, such as email. Your continued use of the Services after such notice constitutes your consent to the changes. We encourage you to periodically review the CarpoolNow mobile app Terms of Use for the latest information on our privacy practices.

If you have any questions about the Terms of Use, please email us at ridematching@mwcog.org  or contact us at:

Commuter Connections

777 North Capitol Street, NE, Suite 300,

Washington D.C. 20002

Phone: 1-800-745-RIDE

TDD: 202-962-3213

Email: ridematching@mwcog.org

© 2022 All rights Reserved Commuter Connections

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