WARNING: YOU MUST BE AT LEAST 18 YEARS OLD TO USE THE SCHOOLPOOL WEBSITE.
SCHOOLPOOL MARIN
TERMS OF USE AGREEMENT
IMPORTANT - READ CAREFULLY:
This Terms of Use Agreement (the "Agreement") is a legal agreement between you ("You" or "Your") and Transportation Authority of Marin (hereinafter referred to as "SchoolPool Marin"), pertaining to the referral services for Shared Transportation (as defined in Section 1 below) provided through the Website (as defined in Section 4 below).
This Agreement sets forth the terms and conditions for You to use the Website and any related or successor site(s) thereto operated directly or indirectly by SchoolPool Marin.
This Agreement is an ongoing contract between You and SchoolPool Marin and affects Your rights. You should read it carefully.
1. REFERRAL SERVICES.
SchoolPool Marin's Website is solely intended to provide a referral service for members of the community looking to arrange shared transportation, including via carpool, walking, bike riding, or bussing (collectively, "Shared Transportation"), to or from school for their child(ren) in Kindergarten through twelfth grade. This referral service and the related listings on the Website are intended to serve only as a forum and do not include any endorsement by SchoolPool Marin, or any of its commissioners, officers, directors, managers, contractors, employees, agents, attorneys, or affiliates. Neither the Website nor SchoolPool Marin certifies the character of any Shared Transportation participants. In addition, SchoolPool Marin does not confirm any information, including information provided during the registration process, provided by users of the Website at anytime. To the extent permitted by law, including Title VI of the Civil Rights Act of 1964, as amended, SchoolPool Marin reserves the right to refuse service to anyone.
2. DUE DILIGENCE BY YOU.
(a) SchoolPool Marin is Solely a Referral Service. By using the Website and participating in the referral services offered through the Website, you agree that SchoolPool Marin is acting solely as a referral service and is not responsible for your child's safety, any interactions among Shared Transportation participants, any travel arrangements, or any problems that arise relating to any of the foregoing issues. SchoolPool Marin is not responsible for the conduct, including conduct via the Website or in person while offline, of any user of the Website or any participant in a Shared Transportation relationship. You hereby acknowledge that SchoolPool Marin does not perform background checks or verify the licensure, insurance status or driving record of Website users. You further acknowledge that SchoolPool Marin does not confirm any information, including information provided during the registration process, provided by users of the Website at anytime.
(b) Your Responsibility. You are advised to screen referrals to Your personal satisfaction. You shall be personally responsible (i) for obtaining identifying information, including verification that all drivers of any carpool in which Your child participates are adequately insured, qualified to drive, and have a valid, non-provisional license (e.g. with no restrictions on driving at certain times), and (ii) for setting up an emergency plan, including exchanging emergency telephone numbers. You are advised to contact each driver and/or participant in any Shared Transportation relationship to confirm that the Shared Transportation was arranged by a parent or adult guardian. When You contact other users of the Website and agree to participate in a Shared Transportation relationship, You shall be responsible for making all reasonable due diligence inquiries to ensure the personal safety of You and your child and that no laws will be violated in the course of your Shared Transportation relationship.
For more SchoolPool Tips, please click http://www.1stcommuter.com/magis/schoolpool/schooling_tip.php.
Users of the Website and participants in any Shared Transportation relationship, or those that act on the information provided on the Website do so at their own risk.
IN NO EVENT SHALL SCHOOLPOOL MARIN BE LIABLE FOR ANY DAMAGES, LOSSES, OR CLAIMS, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OF THE WEBSITE OR PARTICIPATION IN THE REFERRAL SERVICES OR ANY SHARED TRANSPORTATION.
(c) Your Representations and Warranties. You hereby represent and warrant that if You become a driver in any Shared Transportation relationship that (i) You have a valid California driver's license, (ii) Your driver's license is not provisional, which would prevent You from driving at certain times, and (iii) You carry an automobile insurance policy that satifies the minimum insurance requirements under California law.
3. MINIMUM AGE REQUIREMENT. You affirm that You are at least 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and to comply with this Agreement. Persons under the age of 18 are not permitted to use the SchoolPool Marin Website or arrange for the services offered by the Website.
4. THE WEBSITE. This Agreement sets forth the terms and conditions for You to use www.schoolpoolmarin.org and any related or successor site(s) thereto operated directly or indirectly by SchoolPool Marin, including, without limitation, any separate site(s) used by SchoolPool Marin for any side window, q & a, bulletin board, or feedback posting, relating to any service offered by SchoolPool Marin, technical support, or hosting (singularly and collectively, the "Website").
When using the Website and/or services provided by SchoolPool Marin, You agree to abide by the terms and conditions of this Agreement, which may change from time to time. Should You object to any provision of this Agreement, or any subsequent modification thereto, or become dissatisfied with the Website in any way, Your only recourse is to immediately discontinue use of the Website. SchoolPool hereby grants you a non-exclusive, revocable license to use the Website for Your own personal use as set forth in this Agreement only upon the express condition that You accept each provision of this Agreement and provided that: (i) you will not copy, distribute, or make derivative works of the Website in any medium without SchoolPool's prior written consent; (ii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purposes; and (iii) you will otherwise act in accordance with the terms and conditions of the Agreement and in accordance with all applicable local, state, and federal laws. By installing any part of, copying, accessing or otherwise using the Website, You acknowledge and accept that You will be legally bound by this Agreement. If You do not agree to any provision of this Agreement, then SchoolPool is unwilling to grant you this license and You must not install, copy, access or otherwise use the Website.
(a) License. The Website is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Website and its component parts are licensed, not sold or given, to You by SchoolPool Marin and SchoolPool Marin hereby grants and You accept a limited, revocable, non-exclusive, non-transferable license, to use the Website solely for Your personal use and subject to each provision of this Agreement.
SchoolPool reserves the right at any time and for any reason to modify or discontinue any aspect or feature of the Website, including, but not limited to, Content (as defined in Section 5(d) below) or functionality. All rights not expressly granted to You are hereby reserved by SchoolPool Marin. You may not sell or commercially use any portion of the Website, including any Content Posted on the Website, or any part thereof.
(b) Title and Copyright in the Website. It is hereby understood and agreed that SchoolPool Marin is the owner of all rights, title and interest, including, without limitation, all copyrights, in and to the Website and any copies thereof, regardless of the media or form in which the Website or copies thereof may exist. Except as expressly provided herein, You do not acquire any rights, title or interest to the Website.
(c) No Warranties. The Website, including all materials and information included thereon, is furnished "as is" and with all faults. SchoolPool Marin, and its technical support/maintenance providers, contractors, distributors, advertisers, and sublicensees, make, and You receive, no warranties, express, implied, or statutory, in any communication with You. To the maximum extent permitted by applicable law, SchoolPool Marin, and its technical support / maintenance providers, distributors, advertisers, and sublicensees disclaim all other warranties and conditions, either express or implied, including, but not limited to, implied warranties or conditions of merchantability, fitness for a particular purpose, title, non-infringement, or any warranty that operation of the Website will be uninterrupted or error-free. You expressly assume all risk resulting from support / maintenance services (whether performed in whole, in part, or not at all), or from any virus, downloaded material, harmful component, or through any use of the Website or any site or server through which the Website is available, including, without limitation, at www.schoolpoolmarin.org. You shall be solely responsible for the accuracy and transmission of all data entered, and for any damage that results from or is in connection with use of the Website.
SchoolPool Marin and its commissioners, officers, employees, contractors, distributors, advertisers, sublicensees, and agents shall not be liable for damages or losses of any kind arising out of or in connection with the use or performance of information, including without limitation, damages or losses caused by reliance upon the accuracy or timeliness of any such information, or damages incurred from the viewing, distributing, or copying of those materials.
IN NO EVENT SHALL SCHOOLPOOL MARIN OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE WEBSITE OR ITS CONTENTS BE LIABLE FOR ANY DAMAGES, LOSSES, OR CLAIMS, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE.
(d) Substance of Content; Waiver of Rights. You acknowledge and understand that when using the Website, you will be exposed to Content from a variety of sources, and that SchoolPool Marin is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further acknowledge and understand that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SchoolPool Marin with respect thereto.
5. WEBSITE USERS. To access, use, and/or otherwise participate in the referral services available through the Website, users must create an account.
(a) Account Information Security, Identity, and Data Storage. Your password and login information are for Your use only. You are responsible for maintaining the confidentiality of Your account information and similar personal information ("Account Information"), including Your password and username, and for restricting access to Your computer or mobile device. If You disclose Your password to anyone or share Your account with another person or persons, You take full responsibility for their actions. SchoolPool Marin cannot guarantee the security of Your Account Information and shall not be liable in any way for any compromise of Your Account Information. SchoolPool Marin will not be liable for Your losses caused by any unauthorized use of Your account, and You may be liable for the losses of SchoolPool Marin or others due to such unauthorized use.
(b) Account Information; Username. All information You provide during the registration process must be accurate. By creating an account, You agree to the following:
(i) You shall not register under the name of a person other than Yourself;
(ii) You shall not choose a username for the purposes of, or that results in, deceiving or misleading others or SchoolPool Marin as to Your true identity;
(iii) You shall not choose a username that could be considered offensive;
(iv) You shall not choose a username for the purpose of solicitations (e.g. a username that includes your commercial website); and
(v) You shall not choose a username that infringes on the intellectual property or any other rights of any person.
If SchoolPool Marin has any reason to suspect that any Account Information is false or incomplete, SchoolPool Marin may suspend or revoke such user's account and prohibit such user from current or future use of the Website.
(c) SchoolPool Marin Community Standards. While using the Website, You are a part of SchoolPool Marin's community, which may include, without limitation, bulletin boards, feedback boards, and polls regarding use of the Website and its services that allow You and other users to post information and provide feedback. You agree to respect the rights of other users as described in this Agreement.
(d) Content. As used in this Agreement, "Content" means any and all postings, messages, text, files, images, hyperlinks, programs, and similar materials. To "Post" means to post on, transmit through, link from, upload, transfer, disseminate, distribute, facilitate distribution, and/or make available through, the Website.
(i) Responsibility for Posted Content. You understand and agree that all Posted Content is the sole responsibility of the person(s) who Posted such Content, that such Posted Content is non-confidential, and that You choose to use the Website at Your own risk. You are entirely responsible for all Content that You Post. You understand that SchoolPool Marin does not control, and is not responsible for, Posted Content. You may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Website and Content may contain links to and comments on other websites that are completely independent of the Website. SchoolPool Marin makes no representation or warranty as to the accuracy, completeness or authenticity of any information contained in any such site. You link to or comment on any other websites at Your own risk. You agree that You must evaluate and bear all risks associated with the use of any Content, and that under no circumstances will SchoolPool Marin be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Posted Content.
The Website is not intended for Your commercial purposes. You agree that You will not promote, advertise, solicit, or sell any services or products, or promote Yourself or Your business, on the Website, including in any feedback you leave through the Website. You agree that You will not use any information found anywhere on the Website for advertising, promotional, or solicitation purposes.
(ii) Transmission of Harmful Content. You shall use the Website for lawful and permitted purposes only. Transmission of any Content in violation of any municipal, state, federal, foreign or other applicable regulation or law is prohibited. You shall not Post Content that: (1) infringes any proprietary rights of any third party; (2) violates any law or regulation; (3) is defamatory or trade libelous; (4) is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, intimidating, profane, pornographic, hateful, racially, ethnically or sexually discriminatory or otherwise objectionable in any way or that otherwise violates any right of another; (5) encourages conduct that would violate any conduct prohibited by this Agreement; (6) restricts or inhibits any other user from using the Website; (7) is or amounts to an unsolicited advertisement, promotion, or other form of solicitation; (8) impersonates any person or entity or that directly or indirectly attempts to gain unauthorized access to any portion of the Website or any computer, software, or data of any person, organization or entity that uses or accesses the Website; (9) provides or create links to external sites that violate the Agreement; (10) is intended to harm, exploit, solicit, or collect personally identifiable information of, any individual under the age of 18 ("Minor") in any way; (11) invades anyone's privacy by attempting to harvest, collect, store, or publish private or personally identifiable information without their foreknowledge and willing consent or distributes or contains viruses or any other technologies that may harm the Website or any of its users; (12) is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant SchoolPool Marin all of the license rights granted herein; or (13) contains or promotes an illegal or unauthorized copy of another person's copyrighted work.
(iii) Copyrighted Material. To the extent that you Post any copyrighted Content, You hereby warrant that You own or have legal permission to use (including, without limitation, the right to Post) all Content that You Post. You shall respect the copyrights of others and only Post Content that You own or have legal permission to use (including, without limitation, the right to Post). SchoolPool Marin will ban repeat offenders and reserves the right to terminate the access of any user and ban use of the Website after a single violation.
(iv) Ownership; License to SchoolPool Marin. You retain ownership in any Content that You Post. You hereby grant to SchoolPool Marin an irrevocable, perpetual, transferable, non-exclusive license to be exercised by SchoolPool Marin at its sole and absolute discretion throughout the Universe on or through any media and using any technologies, whether now known or later devised, including the right (a) to grant sublicenses, (b) to edit, copy, publicly display, publicly perform, publish, broadcast, retransmit, distribute, create derivative works of and otherwise to exercise and exploit, whether commercially or otherwise, any and all proprietary rights in and to any Content You Post; and (c) to copy, publicly display, publish, broadcast, retransmit, and distribute your name in association with your Posted Content.
(v) Viruses. You shall not knowingly or negligently Post any Content that contains viruses or other computer programming defects. Each computer You use to access the Website shall have updated anti-virus software protecting it.
(vi) Spamming. You shall not directly or indirectly use the Website for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process. "Spam" or "Spamming" means any attempt to use a mailing list for the purpose of sending to a person or persons an unsolicited message, including, but not limited to, any advertisements.
(vii) Reuse of Content. Any collection, aggregation, copying, harvesting, duplication, display or derivative use of the Website or Posted Content, or any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose is prohibited unless expressly permitted by SchoolPool Marin in writing.
Notwithstanding the foregoing, SchoolPool Marin grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials. SchoolPool Marin reserves the right to revoke these exceptions generally or in specific cases.
(viii) Screening and Removal of Content. You acknowledge that, although SchoolPool Marin may or may not screen Content, SchoolPool Marin has the right (though not the obligation) in its sole and absolute discretion to screen, refuse to Post, reject, edit, remove or otherwise filter any Content including, without limitation, any Content that SchoolPool Marin believes violates any term of this Agreement or for any other reason.
6. PROHIBITING WEBSITE ACCESS, COMPLAINTS, AND INVESTIGATION. SchoolPool Marin reserves the right to prohibit use of the Website by any User who, in SchoolPool Marin's sole and absolute discretion, violates any provision of this Agreement. Such prohibition may occur without notice to the User. If You believe a User is violating this Agreement, please contact us at info@schoolpoolmarin.org. SchoolPool Marin reserves the right to investigate any suspected violation of this Agreement and may gather information from the User(s) and/or complaining party, if any, and examine any Posted Content. In addition to SchoolPool Marin's foregoing investigation rights, You hereby expressly authorize SchoolPool Marin to cooperate with: (i) law enforcement authorities in the investigation of suspected criminal violations, and/or (ii) system administrators at other Internet service providers, network or computing facilities and/or any other third party in order to enforce this Agreement or comply with any applicable law. Such cooperation may include, without limitation, SchoolPool Marin providing Your username, IP address, or other identifying information.
7. LINKS TO OTHER WEBSITES. The Website and materials posted on the Website may contain links to other Internet sites, which are not owned, operated, controlled, or reviewed by SchoolPool Marin. These links are provided solely as a courtesy and convenience to You. SchoolPool Marin exercises no control over the information, opinions, accuracy, copyright, trademark, compliance, or legality of the material contained on those sites and does not sponsor, endorse, or evaluate the content, proceeds, materials, opinions, products or services contained on such sites. SchoolPool Marin specifically disclaims any and all liability from damages, which may result from accessing any third-party site linked to the Website, or from reliance on any information or content contained in such third-party site.
8. CHANGES TO THE AGREEMENT. SchoolPool Marin reserves the right, at its sole and absolute discretion, to change, modify or otherwise alter the terms and conditions of this Agreement at any time. Such modification(s) shall become effective immediately upon the posting thereof. Use of any part of the Website after such modification(s) constitutes acceptance thereof. You must review this Agreement on a regular basis to remain apprised of any changes. The most recent version of this Agreement may be accessed at any time at the Website.
9. PRIVACY POLICY. SchoolPool Marin has established a Privacy Policy that explains to users how their information is collected and used. The Privacy Policy is explicitly incorporated into this Agreement.
The Privacy Policy is located at: http://www.1stcommuter.com/privacy.html
For information about our data protection practices, please see our Privacy Policy. By using the Website you acknowledge and agree that SchoolPool Marin may access, preserve, and disclose your Account Information and any Posted Content associated with that Account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including the investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of SchoolPool Marin, its users and the public. SchoolPool Marin will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
You acknowledge and understand that the technical processing and transmission of the Website, including your Posted Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
10. COPYRIGHT INFRINGEMENT TAKE DOWN PROCEDURE. Pursuant to the Digital Millennium Copyright Act of 1998 ("DMCA"), SchoolPool Marin has established policies for dealing with alleged and actual copyright infringement. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please send the following information to our Copyright Agent (see 17 U.S.C. § 512(c)(3) for further detail): (i) a description of the copyrighted work that you claim has been infringed; (ii) a description of where the allegedly infringed material is located on the Website; (iii) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (iv) your address, telephone number, and email address so that SchoolPool Marin is able to contact you; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (vi) a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf . A statement by you comprised of the foregoing points is referred to herein as the "Notice."
School Pool Marin's designated Copyright Agent to receive Notice of claimed infringement is: Steven K. Lee c/o Donahue Gallagher Woods LLP, 591 Redwood Highway, Suite 1200, Mill Valley, California 94941, email: Steve@Donahue.com, telephone: 510-451-0544, fax: 415-381-7515. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to SchoolPool Marin User services at info@schoolpoolmarin.org.
You acknowledge that if you fail to comply with all of the requirements, your Notice may not be valid. SchoolPool Marin will remove any infringing material, subject to the counter-notice and put-back procedures outlined in the DMCA. Notwithstanding SchoolPool Marin's instructions above, you are solely responsible for ensuring that any Notice you provide to SchoolPool Marin complies with the provisions of the DMCA.
11. TERM. This Agreement shall continue for as long as You use the Website, or until terminated by SchoolPool Marin, whichever occurs first.
12. LIMITATION OF LIABILITIES. The limitation of liability is to the maximum extent permitted by applicable law. In no event shall SchoolPool Marin, its commissioners, officers, managers, employees, partners, contractors, affiliates, subsidiaries, agents, attorneys, web developers, technical support / maintenance providers, distributors, advertisers, licensors, sublicensees, or assigns be liable for any damages, whether arising in contract, tort or otherwise and including, without limit, any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss or corruption of business information or other data, cost of cover, or any other pecuniary loss) arising out of the use of or inability to use the Website, including without limitation, Your use of the referral services provided by the Website or Your or Your child's participation in any Shared Transportation, even if SchoolPool Marin has been advised of the possibility of such damages.
13. INDEMNITY. In consideration of being permitted to participate in this program, You agree to indemnify and hold harmless SchoolPool Marin, and its commissioners, officers, managers, employees, partners, contractors, affiliates, subsidiaries, agents, attorneys, web developers, technical support / maintenance providers, distributors, advertisers, licensors, sublicensees, and assigns, from any claim or demand, including reasonable attorneys' fees, expert witness fees, and court costs, made by any third party due to or arising out of Content You Post, Your use of the Website, Your use of the referral services provided by the Website, Your or Your child's participation in any Shared Transportation, Your violation of this Agreement, Your breach of any of the representations and warranties herein, or Your violation of any rights of another.
14. GOVERNING LAW/JURISDICTION. This Agreement shall be exclusively interpreted, construed and enforced in all respects in accordance with the laws of the State of California (U.S.A.) without reference to its choice of law rules. You and SchoolPool Marin agree that venue for any and all disputes hereunder, or action on any obligation hereunder, will be exclusively brought in an appropriate state court in Marin County, California or in the United States District Court for the Northern District of California in San Francisco, California (U.S.A.), and You and SchoolPool Marin irrevocably consent to the jurisdiction of such courts for any dispute hereunder or action on any obligation hereunder.
Notwithstanding the foregoing, no action brought by either party against the other for breach of this Agreement shall be limited to breach of contract remedies and either party may bring any additional cause(s) of action that would otherwise be available to it, including and only as applicable based on the facts presented, copyright infringement pursuant to Title 17 of the United States Code. You hereby expressly and specifically waive any objection You may have, pursuant to the Eleventh Amendment to the United States Constitution or otherwise, to the jurisdiction of, or any award that could be granted by, the United States Federal Courts.
15. GENERAL. This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and merges and supersedes all prior agreements, writings, commitments, discussions and understandings between them. Except as provided in Section 8 above, no modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by each party hereto. If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included. SchoolPool Marin's failure to act with respect to a breach or breaches by You or any third party does not waive SchoolPool Marin's right to act with respect to a subsequent or similar breach or breaches. This Agreement shall be construed within its fair meaning and no inference shall be drawn against the drafting Party in interpreting this Agreement.
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