Your use of and access to our Services (defined below) are subject to the following terms; if you do not agree to all of the following, you should not use or access the Services in any manner.
Please read on to learn the rules and restrictions that govern your use of our websites, products, services and applications (the "Services").
These Terms of Use (the "Terms") are a binding contract between you and iCommute Inc. ("iCommute," "we," and "us"). The Terms limit iCommute's liability and your remedies against iCommute. You must agree to and accept all of the Terms, or you do not have the right to use the Services. Your using the Services in any way means that you agree to be bound by all of these Terms. These Terms include the provisions below, as well as those in the Privacy Policy.
We are constantly improving our Services, and in doing so, these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, effective upon your acceptance of the new Terms.
If you don't agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms, it means you agree to be bound by all such changes to the Terms and such changes will supersede any prior Terms or other agreements with you.
iCommute provides a means to enable people who seek a carpool ride to and from work ("Riders") to be matched with other commuters, like your co‑workers and neighbors driving near or to those destinations ("Drivers").
Registration Requirements: You promise to provide us with accurate, complete, and updated registration information (including, but not limited to, name, email, phone number, credit card information) about yourself. You may not input a fake or fraudulent name, or another person's name with the intent to impersonate that person. You may not transfer your account or share your account with anyone else without our prior written permission.
iCommute takes user privacy very seriously. By using the Services, you consent and agree to the collection, use, and disclosure of your personally identifiable information and any other information provided by you to iCommute in accordance with our Privacy Policy.
You represent and warrant that you are an individual of at least 18 years of age and able to form a binding contract. You will only use the Services for your own personal, non‑commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you.
Important: You hereby acknowledge and agree that you are not an employee, agent, independent contractor, partner, or joint venture of iCommute, and that you do not have any authority of any kind to bind iCommute in any respect whatsoever.
If applicable laws prohibit your use of the Services, then you aren't authorized to use the Services. We can't and won't be responsible for your use of the Services in a way that breaks the law.
To the extent permitted by law, iCommute reserves the right to refuse or deny access to its Services at any time to any user and within its sole discretion.
By using the Services, you represent and agree that:
Non-Discrimination: You will not discriminate or harass anyone on any illegal basis, including but not limited to race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation.
You're responsible for any activity associated with your account. As such, you also represent, warrant, and agree that you will not use the Services or interact with the Services in a manner that:
Canadian customers (incorporated or primarily operating in Canada) – These Terms are governed by and construed under the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict‑of‑law principles. Any dispute shall be submitted to the courts of Toronto, Ontario (exclusive jurisdiction).
All other customers (including those in the United States) – These Terms are governed by and construed under the laws of the State of California, U.S.A., without regard to conflict‑of‑law principles. Any dispute shall be finally settled by binding arbitration in San Francisco County, California (English language) under the Streamlined Arbitration Rules and Procedures of JAMS. Judgment on the award may be entered in any court of competent jurisdiction.
Individual proceeding requirement: Any arbitration or court proceeding must be on an individual basis; class actions and class arbitrations are waived. YOU AND ICOMMUTE WAIVE THE RIGHT TO TRIAL BY JURY.
This Agreement is intended solely for the benefit of the parties and confers no rights on any third party. Nothing here creates an agency, partnership, joint‑venture, fiduciary, or employment relationship between the parties, and neither party has authority to bind the other.
If any provision of this Agreement is held unenforceable, the provision will be reformed only to the extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.
Neither party may assign or transfer this Agreement, in whole or in part, without the prior written consent of the other party (such consent not to be unreasonably withheld, delayed, or conditioned), except (a) to an Affiliate, or (b) to a successor in connection with a merger, reorganization, or sale of substantially all assets or voting securities.
This Agreement, together with the iCommute Terms of Use, constitutes the entire agreement between Customer and iCommute with respect to the subject matter hereof and supersedes all prior or contemporaneous oral or written communications, proposals, and representations.
A party's failure to enforce any provision of this Agreement will not constitute a waiver of that provision or of any other provision, nor limit that party's right to enforce the provision in the future.
Except for payment obligations, neither party will be liable for failure to perform due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, Internet or utility failures, denial‑of‑service attacks, or governmental actions.
iCommute provides the Program Platform—including related software and technology—for ultimate federal government end use solely in accordance with FAR 12.211, FAR 12.212, DFARS 252.227‑7015, and DFARS 227.7202‑3. Agencies requiring rights not conveyed under these terms must negotiate an addendum with iCommute.
Canadian Customers: If the Customer is organized or primarily operating in Canada, this Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict‑of‑laws principles. The parties irrevocably submit to the exclusive jurisdiction and venue of the courts located in Toronto, Ontario, Canada for any Dispute arising hereunder.
U.S. and All Other Customers: If the Customer is organized or primarily operating outside Canada, this Agreement is governed by the laws of the State of California, U.S.A., without regard to conflict‑of‑laws principles. The parties irrevocably submit to the exclusive jurisdiction and venue of the state and federal courts located in San Francisco County, California for any Dispute arising hereunder.
In either case, the prevailing party in any action or proceeding to enforce this Agreement shall be entitled to recover its reasonable attorneys' fees and costs.
iCommute may send notices to Customer using the email address specified in the applicable Order (the "Notification Email Address"); such notices are deemed delivered when sent. Customer must send legal notices to iCommute at business@icommute.com. Customer is responsible for keeping its Notification Email Address current.
For legal notices, contact us at:
legal@icommute.com
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