Common Commute
Terms of Service
Please review this Agreement carefully and check for updates regularly. This Agreement limits our liability and also limits your remedies against us and certain third parties. You should read these Terms of Service in conjunction with the Common Commute Privacy Policy.
Common Commute Terms of Service
These Terms of Service (“Terms of Service” or “Agreement”) apply to use of the Common Commute's services and software, including the @Driven mobile app and Common Commute's web sites, which for the purposes of this Agreement shall collectively be defined as the "Services". This Agreement is a legally binding agreement made between you (“you,” “your”) and Common Commute ("Common Commute", "We," "Us" or "Our"). of Lexington, Massachusetts. Other words used in these Terms of Service are defined below.
You may use the Services through the domains commoncommute.com and atdriven.com, through a different domain or sub-domain (including via third party domains), through mobile phone applications, or other means. This Agreement applies to your use of the Services regardless of the method through which it is accessed.
We may amend these Terms of Service at any time and post the amended terms on the commoncommute.com website or such other website through which the Services are accessed. Your continued use of the Services indicates your agreement to be bound by the Terms of Service in effect at the time of such use.
For certain Promotions, additional terms may be applicable, which will be notified to you as part of the sign-up process for such programs.
This Agreement is effective upon acceptance during registration for new Users and, for all existing Users, is effective on the day any amendment to this Agreement is posted on the Sites. BY ACCESSING OR USING THE "SERVICES", YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE "SERVICES".
Definitions
“Additional Terms” means terms related to any program or promotion, which are in addition to these Terms of Service. “Common Commute Entities” means Common Commute and its employees, directors, offers, agents, contractors, subsidiaries and affiliates. “Common Commute Partners” means Common Commute service providers, licensees, referring organizations (including employers, non-profits, governmental agencies, city agencies) and partners. “Driver” means a User who arranges to provide rides to passengers. “Promotion” means an Common Commute or third party’s program or promotional campaign. “Rider” means a User who obtains rides from Drivers. “Ride Sharing” means any vehicle-sharing arrangement, in which travelers share a vehicle either simultaneously (e.g. carpooling) or over time (e.g. carsharing or bike sharing). “Site(s)” means the commoncommute.com website or such other sites through which the Services may be accessed. “Trip” means an arranged trip between a Driver and one or more Riders. “User” means any registered user of the Services.
Service Summary
The Services enables Users to arrange shared rides, provides a communications platform and other services related to those shared rides, and facilitates exchanges, including monetary payments and nonmonetary exchanges, between Users.
Personal Responsibility
Use of the Services will introduce you to people registered with the Services for the purposes of Sharing rides or any other service offered by Common Commute. We cannot and do not assess the suitability of Users. We have little or no control over the truth or accuracy of the data Users may provide, the ability of Users to drive legally and safely, the condition of their vehicles, their criminal background etc. We do not verify that a User has met all the eligibility requirements for the Services or that any other part of a User’s profile information is true and accurate, or even that a User is who they claim to be. Background or other checks are not normally performed; even where background, MVR or other checks have been performed, we cannot guarantee that the results of those checks are accurate or up to date. You are solely responsible for selecting the individuals and/or entities with whom you travel. If you do not feel comfortable sharing a ride for any reason, you should use another means of transportation. You acknowledge and agree that under no circumstances will Common Commute Entities or Common Commute Partners have any responsibility, liability or obligation with respect to any of the trips that you may take as a result of using the Services.
Requirements to Access the Service:
· you are at least 18 years of age;
· you have not have committed any felony or serious criminal offense (including but not limited to a sexual offense and/or a violence-related offense) ever or any misdemeanor within the past three (3) years.
For Drivers:
· you are at least 18 years of age;
· you have a current and valid driver’s license;
· you carry all insurance required by law in order to operate a motor vehicle in the state/county/country where your vehicle is registered;
· you carry liability insurance that covers bodily injury to all occupants of your vehicle;
· you have no record of convictions for serious driving offenses;
· you are medically fit to act as a Driver;
· you have volunteered to be a driver and have not been designated by a group or company as a driver and receive no compensation from a group or company for driving; you are an independent party participating, with others, in a voluntary, not for profit, ridesharing arrangement.
· you follow prescribed manufacturer preventative and maintenance standards for the vehicle(s) you use.
Users are advised to check with their insurance provider to ensure that their coverage extends to carpooling and ridesharing. If at any time you do not meet or continue to meet the eligibility requirements listed in this section, you must notify us immediately and you will have no right to use or continue to use the Services. Common Commute reserves the right, in its sole discretion, to refuse or deny access to the Services to any individual for any reason or no reason. Particular ride sharing programs may require additional or separate certifications to be made by Riders and Drivers and may require Common Commute to conduct background, Motor Vehicle Registration (or similar) or credit checks. Access to such programs is conditional on (i) those certifications being completed and kept up to date, (ii) Rider and Drivers permitting Common Commute to perform all relevant checks, including on an ongoing basis and (iii) Rider and Driver informing Common Commute of any incidents, accidents or changes of circumstances that may or do affect the results or status of these certifications.
Technical Requirements
A valid email address and email account is required for using the Services. It is your responsibility to maintain validity of this email address and email account. Should your email address change, please record your updated email address in the Services. Drivers must download a Common Commute mobile phone application such as @Driven to use the Services and must carry their mobile phone with them during Trips in order for the Trips to be registered with the Services. Drivers are advised to adhere to regulations and legislation relating to the use of mobile and cell phones while driving. For using mobile phone applications to access the Services, a mobile device with services from a service provider supported by the Services and a plan which allows you access to Common Commute's mobile phone application and SMS capabilities is required. You are responsible for paying all fees that your service provider may charge you for using the Services through your mobile/cell phone. Should your mobile/cell number or service provider change, please record your updated mobile/cell phone information in the Services.
Promotions
We, or a third party, may provide certain promotional credits or coupons to Users from time to time. We may, at our sole discretion, make promotional offers with different features and different rates to any of our Users. Any promotional credit or coupons we make available to you are not redeemable for cash (but can be used towards trips) and will be forfeited upon termination of this Agreement, regardless of the reason for termination. Promotional credit received by the User is also automatically forfeited after 3 months of inactivity.
Payment Terms
Where fees are applicable to the Services you use, you will be informed in advance. For any software or services you purchase from us, you agree to pay us at the time you order. All fees are due immediately and are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our software or services either planned, accidental or intentional, or any reason whatsoever. We may change the fees for the Services as we deem necessary.
User Ratings; Feedback
Users may provide feedback and/or ratings of other Users they have shared a Trip with. Users leaving feedback should ensure that it is fair and accurate. You agree that we may post ratings left by other Users about you on your profile. Common Commute does not necessarily actively monitor feedback and ratings left by Users. Common Commute retains the right to adjust or delete User feedback that it deems, in its sole discretion, to be inappropriate and disclaims all liability in respect of feedback left by Users.
User Disputes
We are not involved in and in no way responsible for any actual dealings between you and other Users who use the Services. We will not be a party to disputes, negotiations of disputes between Users. We encourage you to report all disputes with other users to your local law enforcement authorities.
Acceptable Use
We reserve the final right to judge acceptable use of the Services. We also reserve the final right to change, delete or de-activate any User’s account or information as required to ensure acceptable use without any liability to any party whatsoever and without any notice. We may suspend or terminate your account if we suspect that you have engaged in fraudulent activity in connection with the Services or any activity we believe is not compliant with our Terms of Service and Common Commute Privacy Policy.
You must not:
· damage, disable, overburden, or impair the Services (or any network connected to the Services);
· resell or redistribute the Services, Common Commute Software or any part of it;
· use any unauthorized means to modify, reroute, or gain access to the Services;
· harm or disrupt another User’s computer or illegally access software or bypass security on websites, servers or other devices, including but not limited to spamming;
· Mislead other Users by providing inaccurate information.
· use any automated process or service (such as a bot, a spider, or metasearching) to access or use the Services.
You agree you will not upload, post, transmit, transfer, distribute or facilitate distribution of any content (including text, images, sound, video, data, information or software) or otherwise use the Services in any way to:
· Harass, defame, intimidate or threaten another User, person or organization;
· Interfere with another User’s rights to privacy;
· Distribute chain letters, surveys or contests;
· Post any material that is defamatory, obscene or indecent;
· Post any trademarks, logos or copyrighted material without the authorization of the owner;
· Post any materials that may damage the operation of a computer (such as a virus, worm or trojan horse); or
· Advertise or sell any goods or services.
Account and Passwords
You must keep your accounts and passwords confidential and not authorize any third party to access or use the Services on your behalf. You may not transfer your account to any other person or entity. You may acquire information pertaining to others using the Service. You may not disclose personally identifiable information of another user you acquire using the Service to any third party without the consent of such other User after adequate disclosure with the exception of reporting unlawful activity to authorized law enforcement personnel.
Site Content; Third Party Sites
There may be content on the Sites which describes generally how the Services operate. The Terms of Service, Privacy Policy and Additional Terms prevail if there is any conflict between any content on the Sites and these documents.
You may be able to access third-party websites or services via the Sites or Services; you acknowledge that we are not responsible for such websites or services or content that may be available there.
Intellectual Property
The Services are the property of Common Commute, and are protected by copyright law and other intellectual property rights. The structure, organization and code of the Services are proprietary to Common Commute. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights or licenses to the Services; all rights not expressly granted are reserved by Common Commute. You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, underlying ideas, underlying user interface techniques or algorithms of the Services by any means whatsoever, directly or indirectly, and you may not disclose any of these either publicly or to a third party.
If you provide or communicate any suggestions for improvements to the Services, you hereby irrevocably assign to us all right, title and interest in the content of your suggestions and communications, without restriction or any obligation of compensation.
Service Availability; Exclusion of Warranties
We will use all reasonable efforts to provide the Services in a reliable and secure way – however, as with any other software application, events which may cause disruption to our services are always possible due to issues with our software, unforeseen events such as accidents or intentional interference. In no event will Common Commute/Common Commute Entities or Common Commute/Common Commute Partners be liable for any claims or damages, consequential loss, lost profits, special, indirect, incidental, or punitive damages arising out of such disruptions. THE "SERVICES" ARE PROVIDED ON AN “AS IS” BASIS “WITH ALL FAULTS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. TO THE FULL EXTENT PERMITTED BY LAW, Common Commute/COMMON COMMUTE ENTITIES, Common Commute/COMMON COMMUTE PARTNERS AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE "SERVICES" DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, WORKMANLIKE EFFORT, LACK OF NEGLIGENCE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. COMMON COMMUTE DOES NOT WARRANT THAT THE OPERATION OF THE "SERVICES" WILL BE UNINTERRUPTED OR ERROR FREE. Common Commute’s entire liability and your exclusive remedy for errors or unavailability of the Services will be, at Common Commute’s discretion, to attempt to correct or work around errors, to correct or modify documentation of the Services.
Modifications to the Services
Common Commute reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, all or any part of the Services, in its sole discretion. You agree that Common Commute/Common Commute Entities or Common Commute/Common Commute Partners will not be liable to you for any modification, suspension or discontinuance of the Services.
Term and Termination
This Agreement begins on the date you complete your registration for the Services and accept this Agreement, and continues in effect indefinitely until terminated by either party. You may terminate this Agreement at any time, for any reason, by notifying us at [email protected]. We may terminate this Agreement or suspend your User account and/or access to the Services at any time, for any reason, without notice. Upon termination of this Agreement for any reason, all of your rights to access the Services and your User account will terminate. All provisions of this Agreement that should naturally be interpreted to survive termination will survive. Any promotional credits or coupons we may have made available to you will be forfeited upon termination, regardless of the reason.
Liability Limit
You agree to release Common Commute/Common Commute Entities and Common Commute/Common Commute Partners from all claims, demands and damages (actual, threatened; 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 service provided by the Service.
In no event shall Common Commute/Common Commute Entities or Common Commute/Common Commute Partners be liable for damages, including direct damages, consequential loss, lost profits, special, indirect, incidental, or punitive damages, or any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service even if Common Commute or the entities or partners have been advised of the possibility of such damages. Common Commute/Common Commute Entities’ or Common Commute/Common Commute Partners’ total liability to you in connection with any use of the Services or any dispute arising out of this Agreement will not, for any reason, exceed (a) the aggregate amount any fees that you have actually paid to Common Commute or (b) $100, whichever is greater. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. in such states, common commute liability is limited to the greatest extent permitted by law.
Indemnification
You will defend, indemnify, and hold Common Commute and its entities, officers, directors, employees, consultants, contractors, agents, licensors, suppliers, partners, and any other third parties harmless, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of Your use of the Service, including: (a) Your breach of this Agreement or the documents it incorporates by reference; or (b) Your violation of any law or the rights of a third party, including, without limitation, any allegation that any materials that You submit to Us or transmit to the Service or to Us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) Your activities in connection with the Service. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person or entity. The indemnified individuals or entities shall have the right to assert and enforce this provision directly against you on its own behalf.
Resolution of disputes and legal claims
You and We agree that all legal disputes or claims between the Parties will be submitted to binding arbitration in Massachusetts. The arbitration shall be conducted by the American Arbitration Association, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You agree that in no event shall any claim, action or proceeding by You related in any way to the Services be instituted more than three (3) years after the cause of action arose.
No agency
You and Common Commute are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
Notices
Except as explicitly stated otherwise, any notices to shall be given by certified mail, postage prepaid and return receipt requested to Common Commute, 283 Concord Ave., Lexington, MA, 02421, and any notices to You shall be given to You via the email address You provided to Common Commute, such as during registration. In such case, notice shall be deemed given 3 days after the date of mailing. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give You notice by certified mail, postage prepaid and return receipt requested. In such case, notice shall be deemed given 3 days after the date of mailing.
General
This Agreement shall be governed by the laws of the State of Massachusetts without regard to choice of law principles. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Common Commute in our sole discretion in accordance with the "Notices" section of this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by You or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections referring to Services, Licenses, Liability Limit, Indemnity, and Resolution of Disputes shall survive any termination or expiration of this Agreement. Common Commute may assign its rights and duties under this Agreement to any party at any time without notice to you.
Sites Copyright, Licenses and Idea Submissions
The entire contents of the Sites are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Common Commute, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Common Commute a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Sites (such as bulletin boards, forums and newsgroups) or by e-mail to Common Commute by all means and in any media now known or hereafter developed. You also grant to Common Commute the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Common Commute for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Common Commute.
Trademarks
Publications, products, content or services referenced herein or on the Sites are the exclusive trademarks or service marks of Common Commute. Other product and company names mentioned in the Sites may be the trademarks of their respective owners.
Use of the Sites
You understand that, except for information, products or services clearly identified as being supplied by Common Commute, Common Commute does not operate, control or endorse any information, products or services on the Internet in any way. Except for Common Commute- identified information, products or services, all information, products and services offered through the Sites or on the Internet generally are offered by third parties, that are not affiliated with Common Commute a. You also understand that Common Commute cannot and does not guarantee or warrant that files available for downloading through the Sites will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Sites for the reconstruction of any lost data. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES AND THE INTERNET. Common Commute PROVIDES THE SITES AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND Common Commute SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. Common Commute DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. Common Commute HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
Term; Termination
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
Miscellaneous.
This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between Common Commute and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Common Commute's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Common Commute may assign its rights and duties under this Agreement to any party at any time without notice to you.
Warning and Notice
Common Commute is an open platform with unrestricted access. Neither Common Commute nor our Trusted Partners (including without limitation public and private employers, educational and other local public agencies, authorized contractors and private business entities who facilitate or promote services) have conducted background investigation or review of any kind or type, including without limitation driver’s license checks, insurance checks, criminal records checks, sex offender status, or otherwise. If you decide to participate, you assume all risks for using this platform and/or participating in the Common Commute program.
Security
Common Commute, program sponsors and Trusted Partners cannot, and do not, assess the suitability of Participants or other Common Commute users to engage in Ride Sharing. Common Commute has little or no control over and does not take any measures to independently verify the truth or accuracy of the data provided by Participants, they’re ability to drive legally and safely, the condition of their vehicles, or their criminal background. Background or other checks are not normally performed. Even where background or other checks have been performed, we cannot guarantee that the results of those checks are accurate or up to date. As a Participant, you are solely responsible for selecting the individuals and/or entities with whom you travel and you do so entirely at your own risk. If you do not feel comfortable sharing a ride for any reason, you should and are responsible for using another means of transportation.
You acknowledge and agree that under no circumstances will Common Commute, program sponsors and Trusted Partners have any responsibility, liability or obligation with respect to your use of the Services, including but not limited to: a) operating Common Commute’s software products and interfaces, b) communicating and coordinating with other Participants or Services users, c) sharing vehicle trips with other Participants or Services users.
Any rights not expressly granted herein are reserved.
Contacting Us
If you have any questions regarding any legal aspect of this site disclaimer, please send us an e-mail to us at [email protected].
Please review this Agreement carefully and check for updates regularly. This Agreement limits our liability and also limits your remedies against us and certain third parties. You should read these Terms of Service in conjunction with the Common Commute Privacy Policy.
Common Commute Terms of Service
These Terms of Service (“Terms of Service” or “Agreement”) apply to use of the Common Commute's services and software, including the @Driven mobile app and Common Commute's web sites, which for the purposes of this Agreement shall collectively be defined as the "Services". This Agreement is a legally binding agreement made between you (“you,” “your”) and Common Commute ("Common Commute", "We," "Us" or "Our"). of Lexington, Massachusetts. Other words used in these Terms of Service are defined below.
You may use the Services through the domains commoncommute.com and atdriven.com, through a different domain or sub-domain (including via third party domains), through mobile phone applications, or other means. This Agreement applies to your use of the Services regardless of the method through which it is accessed.
We may amend these Terms of Service at any time and post the amended terms on the commoncommute.com website or such other website through which the Services are accessed. Your continued use of the Services indicates your agreement to be bound by the Terms of Service in effect at the time of such use.
For certain Promotions, additional terms may be applicable, which will be notified to you as part of the sign-up process for such programs.
This Agreement is effective upon acceptance during registration for new Users and, for all existing Users, is effective on the day any amendment to this Agreement is posted on the Sites. BY ACCESSING OR USING THE "SERVICES", YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE "SERVICES".
Definitions
“Additional Terms” means terms related to any program or promotion, which are in addition to these Terms of Service. “Common Commute Entities” means Common Commute and its employees, directors, offers, agents, contractors, subsidiaries and affiliates. “Common Commute Partners” means Common Commute service providers, licensees, referring organizations (including employers, non-profits, governmental agencies, city agencies) and partners. “Driver” means a User who arranges to provide rides to passengers. “Promotion” means an Common Commute or third party’s program or promotional campaign. “Rider” means a User who obtains rides from Drivers. “Ride Sharing” means any vehicle-sharing arrangement, in which travelers share a vehicle either simultaneously (e.g. carpooling) or over time (e.g. carsharing or bike sharing). “Site(s)” means the commoncommute.com website or such other sites through which the Services may be accessed. “Trip” means an arranged trip between a Driver and one or more Riders. “User” means any registered user of the Services.
Service Summary
The Services enables Users to arrange shared rides, provides a communications platform and other services related to those shared rides, and facilitates exchanges, including monetary payments and nonmonetary exchanges, between Users.
Personal Responsibility
Use of the Services will introduce you to people registered with the Services for the purposes of Sharing rides or any other service offered by Common Commute. We cannot and do not assess the suitability of Users. We have little or no control over the truth or accuracy of the data Users may provide, the ability of Users to drive legally and safely, the condition of their vehicles, their criminal background etc. We do not verify that a User has met all the eligibility requirements for the Services or that any other part of a User’s profile information is true and accurate, or even that a User is who they claim to be. Background or other checks are not normally performed; even where background, MVR or other checks have been performed, we cannot guarantee that the results of those checks are accurate or up to date. You are solely responsible for selecting the individuals and/or entities with whom you travel. If you do not feel comfortable sharing a ride for any reason, you should use another means of transportation. You acknowledge and agree that under no circumstances will Common Commute Entities or Common Commute Partners have any responsibility, liability or obligation with respect to any of the trips that you may take as a result of using the Services.
Requirements to Access the Service:
· you are at least 18 years of age;
· you have not have committed any felony or serious criminal offense (including but not limited to a sexual offense and/or a violence-related offense) ever or any misdemeanor within the past three (3) years.
For Drivers:
· you are at least 18 years of age;
· you have a current and valid driver’s license;
· you carry all insurance required by law in order to operate a motor vehicle in the state/county/country where your vehicle is registered;
· you carry liability insurance that covers bodily injury to all occupants of your vehicle;
· you have no record of convictions for serious driving offenses;
· you are medically fit to act as a Driver;
· you have volunteered to be a driver and have not been designated by a group or company as a driver and receive no compensation from a group or company for driving; you are an independent party participating, with others, in a voluntary, not for profit, ridesharing arrangement.
· you follow prescribed manufacturer preventative and maintenance standards for the vehicle(s) you use.
Users are advised to check with their insurance provider to ensure that their coverage extends to carpooling and ridesharing. If at any time you do not meet or continue to meet the eligibility requirements listed in this section, you must notify us immediately and you will have no right to use or continue to use the Services. Common Commute reserves the right, in its sole discretion, to refuse or deny access to the Services to any individual for any reason or no reason. Particular ride sharing programs may require additional or separate certifications to be made by Riders and Drivers and may require Common Commute to conduct background, Motor Vehicle Registration (or similar) or credit checks. Access to such programs is conditional on (i) those certifications being completed and kept up to date, (ii) Rider and Drivers permitting Common Commute to perform all relevant checks, including on an ongoing basis and (iii) Rider and Driver informing Common Commute of any incidents, accidents or changes of circumstances that may or do affect the results or status of these certifications.
Technical Requirements
A valid email address and email account is required for using the Services. It is your responsibility to maintain validity of this email address and email account. Should your email address change, please record your updated email address in the Services. Drivers must download a Common Commute mobile phone application such as @Driven to use the Services and must carry their mobile phone with them during Trips in order for the Trips to be registered with the Services. Drivers are advised to adhere to regulations and legislation relating to the use of mobile and cell phones while driving. For using mobile phone applications to access the Services, a mobile device with services from a service provider supported by the Services and a plan which allows you access to Common Commute's mobile phone application and SMS capabilities is required. You are responsible for paying all fees that your service provider may charge you for using the Services through your mobile/cell phone. Should your mobile/cell number or service provider change, please record your updated mobile/cell phone information in the Services.
Promotions
We, or a third party, may provide certain promotional credits or coupons to Users from time to time. We may, at our sole discretion, make promotional offers with different features and different rates to any of our Users. Any promotional credit or coupons we make available to you are not redeemable for cash (but can be used towards trips) and will be forfeited upon termination of this Agreement, regardless of the reason for termination. Promotional credit received by the User is also automatically forfeited after 3 months of inactivity.
Payment Terms
Where fees are applicable to the Services you use, you will be informed in advance. For any software or services you purchase from us, you agree to pay us at the time you order. All fees are due immediately and are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our software or services either planned, accidental or intentional, or any reason whatsoever. We may change the fees for the Services as we deem necessary.
User Ratings; Feedback
Users may provide feedback and/or ratings of other Users they have shared a Trip with. Users leaving feedback should ensure that it is fair and accurate. You agree that we may post ratings left by other Users about you on your profile. Common Commute does not necessarily actively monitor feedback and ratings left by Users. Common Commute retains the right to adjust or delete User feedback that it deems, in its sole discretion, to be inappropriate and disclaims all liability in respect of feedback left by Users.
User Disputes
We are not involved in and in no way responsible for any actual dealings between you and other Users who use the Services. We will not be a party to disputes, negotiations of disputes between Users. We encourage you to report all disputes with other users to your local law enforcement authorities.
Acceptable Use
We reserve the final right to judge acceptable use of the Services. We also reserve the final right to change, delete or de-activate any User’s account or information as required to ensure acceptable use without any liability to any party whatsoever and without any notice. We may suspend or terminate your account if we suspect that you have engaged in fraudulent activity in connection with the Services or any activity we believe is not compliant with our Terms of Service and Common Commute Privacy Policy.
You must not:
· damage, disable, overburden, or impair the Services (or any network connected to the Services);
· resell or redistribute the Services, Common Commute Software or any part of it;
· use any unauthorized means to modify, reroute, or gain access to the Services;
· harm or disrupt another User’s computer or illegally access software or bypass security on websites, servers or other devices, including but not limited to spamming;
· Mislead other Users by providing inaccurate information.
· use any automated process or service (such as a bot, a spider, or metasearching) to access or use the Services.
You agree you will not upload, post, transmit, transfer, distribute or facilitate distribution of any content (including text, images, sound, video, data, information or software) or otherwise use the Services in any way to:
· Harass, defame, intimidate or threaten another User, person or organization;
· Interfere with another User’s rights to privacy;
· Distribute chain letters, surveys or contests;
· Post any material that is defamatory, obscene or indecent;
· Post any trademarks, logos or copyrighted material without the authorization of the owner;
· Post any materials that may damage the operation of a computer (such as a virus, worm or trojan horse); or
· Advertise or sell any goods or services.
Account and Passwords
You must keep your accounts and passwords confidential and not authorize any third party to access or use the Services on your behalf. You may not transfer your account to any other person or entity. You may acquire information pertaining to others using the Service. You may not disclose personally identifiable information of another user you acquire using the Service to any third party without the consent of such other User after adequate disclosure with the exception of reporting unlawful activity to authorized law enforcement personnel.
Site Content; Third Party Sites
There may be content on the Sites which describes generally how the Services operate. The Terms of Service, Privacy Policy and Additional Terms prevail if there is any conflict between any content on the Sites and these documents.
You may be able to access third-party websites or services via the Sites or Services; you acknowledge that we are not responsible for such websites or services or content that may be available there.
Intellectual Property
The Services are the property of Common Commute, and are protected by copyright law and other intellectual property rights. The structure, organization and code of the Services are proprietary to Common Commute. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights or licenses to the Services; all rights not expressly granted are reserved by Common Commute. You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, underlying ideas, underlying user interface techniques or algorithms of the Services by any means whatsoever, directly or indirectly, and you may not disclose any of these either publicly or to a third party.
If you provide or communicate any suggestions for improvements to the Services, you hereby irrevocably assign to us all right, title and interest in the content of your suggestions and communications, without restriction or any obligation of compensation.
Service Availability; Exclusion of Warranties
We will use all reasonable efforts to provide the Services in a reliable and secure way – however, as with any other software application, events which may cause disruption to our services are always possible due to issues with our software, unforeseen events such as accidents or intentional interference. In no event will Common Commute/Common Commute Entities or Common Commute/Common Commute Partners be liable for any claims or damages, consequential loss, lost profits, special, indirect, incidental, or punitive damages arising out of such disruptions. THE "SERVICES" ARE PROVIDED ON AN “AS IS” BASIS “WITH ALL FAULTS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. TO THE FULL EXTENT PERMITTED BY LAW, Common Commute/COMMON COMMUTE ENTITIES, Common Commute/COMMON COMMUTE PARTNERS AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE "SERVICES" DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, WORKMANLIKE EFFORT, LACK OF NEGLIGENCE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. COMMON COMMUTE DOES NOT WARRANT THAT THE OPERATION OF THE "SERVICES" WILL BE UNINTERRUPTED OR ERROR FREE. Common Commute’s entire liability and your exclusive remedy for errors or unavailability of the Services will be, at Common Commute’s discretion, to attempt to correct or work around errors, to correct or modify documentation of the Services.
Modifications to the Services
Common Commute reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, all or any part of the Services, in its sole discretion. You agree that Common Commute/Common Commute Entities or Common Commute/Common Commute Partners will not be liable to you for any modification, suspension or discontinuance of the Services.
Term and Termination
This Agreement begins on the date you complete your registration for the Services and accept this Agreement, and continues in effect indefinitely until terminated by either party. You may terminate this Agreement at any time, for any reason, by notifying us at [email protected]. We may terminate this Agreement or suspend your User account and/or access to the Services at any time, for any reason, without notice. Upon termination of this Agreement for any reason, all of your rights to access the Services and your User account will terminate. All provisions of this Agreement that should naturally be interpreted to survive termination will survive. Any promotional credits or coupons we may have made available to you will be forfeited upon termination, regardless of the reason.
Liability Limit
You agree to release Common Commute/Common Commute Entities and Common Commute/Common Commute Partners from all claims, demands and damages (actual, threatened; 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 service provided by the Service.
In no event shall Common Commute/Common Commute Entities or Common Commute/Common Commute Partners be liable for damages, including direct damages, consequential loss, lost profits, special, indirect, incidental, or punitive damages, or any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service even if Common Commute or the entities or partners have been advised of the possibility of such damages. Common Commute/Common Commute Entities’ or Common Commute/Common Commute Partners’ total liability to you in connection with any use of the Services or any dispute arising out of this Agreement will not, for any reason, exceed (a) the aggregate amount any fees that you have actually paid to Common Commute or (b) $100, whichever is greater. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. in such states, common commute liability is limited to the greatest extent permitted by law.
Indemnification
You will defend, indemnify, and hold Common Commute and its entities, officers, directors, employees, consultants, contractors, agents, licensors, suppliers, partners, and any other third parties harmless, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of Your use of the Service, including: (a) Your breach of this Agreement or the documents it incorporates by reference; or (b) Your violation of any law or the rights of a third party, including, without limitation, any allegation that any materials that You submit to Us or transmit to the Service or to Us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) Your activities in connection with the Service. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person or entity. The indemnified individuals or entities shall have the right to assert and enforce this provision directly against you on its own behalf.
Resolution of disputes and legal claims
You and We agree that all legal disputes or claims between the Parties will be submitted to binding arbitration in Massachusetts. The arbitration shall be conducted by the American Arbitration Association, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You agree that in no event shall any claim, action or proceeding by You related in any way to the Services be instituted more than three (3) years after the cause of action arose.
No agency
You and Common Commute are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
Notices
Except as explicitly stated otherwise, any notices to shall be given by certified mail, postage prepaid and return receipt requested to Common Commute, 283 Concord Ave., Lexington, MA, 02421, and any notices to You shall be given to You via the email address You provided to Common Commute, such as during registration. In such case, notice shall be deemed given 3 days after the date of mailing. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give You notice by certified mail, postage prepaid and return receipt requested. In such case, notice shall be deemed given 3 days after the date of mailing.
General
This Agreement shall be governed by the laws of the State of Massachusetts without regard to choice of law principles. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Common Commute in our sole discretion in accordance with the "Notices" section of this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by You or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections referring to Services, Licenses, Liability Limit, Indemnity, and Resolution of Disputes shall survive any termination or expiration of this Agreement. Common Commute may assign its rights and duties under this Agreement to any party at any time without notice to you.
Sites Copyright, Licenses and Idea Submissions
The entire contents of the Sites are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Common Commute, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Common Commute a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Sites (such as bulletin boards, forums and newsgroups) or by e-mail to Common Commute by all means and in any media now known or hereafter developed. You also grant to Common Commute the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Common Commute for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Common Commute.
Trademarks
Publications, products, content or services referenced herein or on the Sites are the exclusive trademarks or service marks of Common Commute. Other product and company names mentioned in the Sites may be the trademarks of their respective owners.
Use of the Sites
You understand that, except for information, products or services clearly identified as being supplied by Common Commute, Common Commute does not operate, control or endorse any information, products or services on the Internet in any way. Except for Common Commute- identified information, products or services, all information, products and services offered through the Sites or on the Internet generally are offered by third parties, that are not affiliated with Common Commute a. You also understand that Common Commute cannot and does not guarantee or warrant that files available for downloading through the Sites will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Sites for the reconstruction of any lost data. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES AND THE INTERNET. Common Commute PROVIDES THE SITES AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND Common Commute SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. Common Commute DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. Common Commute HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
Term; Termination
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
Miscellaneous.
This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between Common Commute and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Common Commute's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Common Commute may assign its rights and duties under this Agreement to any party at any time without notice to you.
Warning and Notice
Common Commute is an open platform with unrestricted access. Neither Common Commute nor our Trusted Partners (including without limitation public and private employers, educational and other local public agencies, authorized contractors and private business entities who facilitate or promote services) have conducted background investigation or review of any kind or type, including without limitation driver’s license checks, insurance checks, criminal records checks, sex offender status, or otherwise. If you decide to participate, you assume all risks for using this platform and/or participating in the Common Commute program.
Security
Common Commute, program sponsors and Trusted Partners cannot, and do not, assess the suitability of Participants or other Common Commute users to engage in Ride Sharing. Common Commute has little or no control over and does not take any measures to independently verify the truth or accuracy of the data provided by Participants, they’re ability to drive legally and safely, the condition of their vehicles, or their criminal background. Background or other checks are not normally performed. Even where background or other checks have been performed, we cannot guarantee that the results of those checks are accurate or up to date. As a Participant, you are solely responsible for selecting the individuals and/or entities with whom you travel and you do so entirely at your own risk. If you do not feel comfortable sharing a ride for any reason, you should and are responsible for using another means of transportation.
You acknowledge and agree that under no circumstances will Common Commute, program sponsors and Trusted Partners have any responsibility, liability or obligation with respect to your use of the Services, including but not limited to: a) operating Common Commute’s software products and interfaces, b) communicating and coordinating with other Participants or Services users, c) sharing vehicle trips with other Participants or Services users.
Any rights not expressly granted herein are reserved.
Contacting Us
If you have any questions regarding any legal aspect of this site disclaimer, please send us an e-mail to us at [email protected].