2. NEUTRAL VENUE
The Services provide a neutral online venue for users to connect and, if they wish, to coordinate carpooling arrangements with other users. Users may register and add posts, either as a driver or a passenger, that provide information about a user's planned or desired journey from one destination to another. The posts and related communication tools provided by the Services enable users to find other users with complementary travel plans and to coordinate carpooling arrangements with one another on a personal and non-commercial basis.
PoolXing is neither a transportation service provider nor a transportation network company and is not a party to any agreements or arrangements between users and is not involved in any actual carpooling activities or other face-to-face contact between users that may result from the Services. PoolXing only provides communications services. PoolXing has no control over the conduct of users, safety of users or their vehicles, accuracy of routes or other information stored in the PoolXing system, or other aspects of any carpooling activities or other interactions between users that may result from use of the Services.
PoolXing cannot and will not in any manner verify or confirm the identity of any users of the Services. You acknowledge and agree that any and all communications, correspondence, verbal or written, between you and other users are specifically and solely between you and the other users. You are responsible for determining the identity and suitability of others who you may contact using the Services and for protecting the safety of you and/or your vehicle. PoolXing does not endorse any persons who use or register for the Services, whether as drivers or passengers. PoolXing does not investigate or verify any user's reputation, conduct, morality, criminal background, or the truth or accuracy of the information submitted using the Services. PoolXing encourages you to communicate directly with potential drivers and passengers through the Services and to review user profile pages for feedback from other users.
3. REGISTRATION AND ELIGIBILITY
You must be at least 18 years old to register for and use the Services. By using the Services, you represent and warrant that you are 18 years or older and have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
Access to and use of selected features of the Services is free. PoolXing may charge fees for various selected features of the Services. PoolXing will notify you of any charges at the time that PoolXing offers you the selected services for a fee. PoolXing may, in its sole discretion, and by notifying you on the Site, change this policy and begin charging for access to the Services and/or particular features of the Services, and PoolXing may, in its sole discretion, add, remove, or change the features and services PoolXing offers or the fees (including the amount or the type of fees) PoolXing charges at any time. If PoolXing introduces a new feature or charges a new fee, PoolXing will notify you of any fees for that service at the launch of the service or start of charging a new fee.
5. YOUR USE OF THE SERVICES 5.1. General Restrictions.
You will not post to the Services, transmit to other users, communicate any content (or links thereto), or otherwise engage in any activity on the Site or through the Services, that:
(a) violates any local, state, provincial, national, or any order of a court; (b) is harmful, threatening, abusive, harassing, tortious, defamatory, intimidating, vulgar, obscene, profane, libelous, invasive of another's privacy, hateful, or racially, ethically or otherwise objectionable;
(c) you do not have a right to make available under any law or under contractual or fiduciary relationships;
(d) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party or rights of publicity or privacy;
(e) is unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation (including, but not limited to, "spam," "junk mail," and "chain letters");
(f) that uses the Services primarily as a lead generator or listing service for another website;
(g) "stalks" or otherwise harasses another;
(h) collects or stores personal data about other users;
(i) interferes with or damages the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology.
PoolXing reserves the right to remove any content including but not limited to posts, profiles, reviews, messages etc. without warning or further notice. Furthermore, PoolXing reserves the right to cancel a user account and remove all or any of its content or take other appropriate actions in its sole discretion in response to any inappropriate conduct, or for no reason at all. 5.2. Geographic Limitations; Legal Compliance.
The Services are intended for use in the United States. PoolXing makes no representations that the Services are appropriate or available for use in other locations. You will comply with all applicable local, state, national, and international laws, statutes, ordinances, and regulations regarding your use of the Services and in conducting any related carpooling activities. Registration for, and use of, the Services are void where prohibited. You are responsible for determining whether the use of the Services, and any activities resulting from the Services, is legal in your jurisdiction. If you access the Services from other locations, you do so at your own initiative and are responsible for compliance with local laws.
6. YOUR INTERACTIONS WITH OTHER USERS 6.1. Creating Carpooling Arrangements.
The Services enable users to coordinate carpooling arrangements with other users and that involve travel to and from venues that include, but are not limited to, private homes and private enterprises (such as places of work). The nature of the Services promotes the sharing of personal information by users with other users for the purposes of coordinating such carpooling arrangements. PoolXing cannot and does not assure that it is safe for you to have direct contact with other users of the Services. PoolXing does not supervise any actual carpooling activities and is not involved in any way with the actions of any individuals involved in carpooling arrangements. You are solely responsible for your interactions with other users of the Services. As a result, PoolXing will not be responsible for any damage or harm resulting from your interactions with other users of the Services. 6.2. Covenant Not to Sue and Release.
Because PoolXing does not supervise or control any user activity resulting from the Services including, but not limited to any interactions among or between drivers and passengers in carpools, and because PoolXing cannot guarantee the true identity or age of drivers and passengers, you agree that you bear all risk associated with using the Services, and you agree that you will not sue or will release PoolXing (and its officers, directors, agents, employees, affiliates, subsidiaries, and third party partners) for or from any claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected and unsuspected, disclosed and undisclosed, past, present, or future, arising out of or in any way connected with your use of the Services, your communication or interaction with other users, and/or your participation in any carpooling related activities. You agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users will be limited to a claim against the particular user or users who caused you harm. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which you have or may have under Section 1542 of the Civil Code of the State of California or any similar provision of the statutory or non-statutory law of any other jurisdiction (including without limitation the states of Missouri, Delaware and Pennsylvania) to the full extent that you may lawfully waive all such rights and benefits. Section 1542 of the Civil Code of the State of California states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." 6.3. Disputes with Other Users.
As a neutral venue, PoolXing does not offer mediation, arbitration, or any other forms of dispute resolution and does not actively monitor user interactions and carpooling activities. Therefore, you are solely responsible for your interactions and disputes with other users. PoolXing reserves the right, but has no obligation, to monitor disputes between you and other users.
7. CONTENT POSTED BY YOU
8. THIRD PARTY SITES AND SERVICES
The Services may provide, or third parties may provide, links to other websites or resources provided by third parties. PoolXing neither controls nor endorses such other websites or resources and is not responsible or liable for any harm caused by content, advertising, products, or other materials on or available from such websites or resources, nor for any loss or damages caused or alleged to have been caused by the use or reliance on any such content or resources.
9. PROPRIETARY RIGHTS
You acknowledge and agree that the Services contain proprietary and confidential information that is protected by rights of publicity, copyright, trademark, trade secret, and other proprietary rights and intellectual property laws as applicable. Except as expressly authorized by PoolXing, you agree not to modify, rent, lease, loan, sell, license, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works based on the Services, in whole or in part.
10. WARRANTY DISCLAIMER
THE SERVICES ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. POOLXING SPECIFICALLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. POOLXING DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT POOLXING DOES NOT CHECK ANY PASSENGER, DRIVER, OR OTHER USER'S BACKGROUND OR RECORD.
POOLXING DOES NOT WARRANT AGAINST ERRORS, OMISSIONS, RESULTS OF USE, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ARE BUG FREE OR ERROR FREE, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. ALL THE FOREGOING DISCLAIMERS ALSO APPLY IN FULL WITH RESPECT TO POOLXING'S LICENSORS, SUPPLIERS, DISTRIBUTORS, CONTRACTORS, AGENTS, AND THIRD PARTY CONTRIBUTORS.
You agree to indemnify and hold PoolXing (and its officers, directors, agents, employees, affiliates, subsidiaries and third-party partners) harmless from any third party claims, demands, actions, damages (actual and consequential) including reasonable attorneys' fees, losses, costs of expenses, arising out of or relating to your use of the Services or alleging facts or circumstances that, if true, could constitute your breach of your representations and warranties of these Terms.
12. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL POOLXING BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM ANY ACTUAL OR ALLEGED LOSS, INCLUDING BUT NOT LIMITED TO EMOTIONAL DISTRESS, LOSS OF GOODWILL OR REPUTATION, PERSONAL INJURY, DEATH, PAIN AND SUFFERING, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF DATA, OR DAMAGES ARISING FROM OR RELATING TO THE USE OR INABILITY TO USE OUR SERVICES OR LOSS OR DAMAGE TO YOUR PROPERTY AS A RESULT OF USING OUR SERVICES WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF POOLXING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE DAMAGES WERE FORESEEABLE.
POOLXING'S LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE SUM OF SUM OF ONE HUNDRED U.S. DOLLARS ($100).
PoolXing may at any time, with or without cause, and with or without prior notice, immediately terminate or suspend your PoolXing account or otherwise terminate or suspend your access to all or a portion of the Services. Any such termination or suspension will be made by PoolXing in its sole discretion and PoolXing will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your access to the Services.
14. MODIFICATIONS TO THE SERVICES
PoolXing reserves the right at any time or times to modify or discontinue, temporarily or permanently, all or any portion of the Services with or without notice. You agree that PoolXing will not be liable to you or to any third party for any modification, suspension, or termination of the Services.
15. REPORTING OF VIOLATIONS
You will promptly report to PoolXing any violation of these Terms by sending a notice to firstname.lastname@example.org.
16. GOVERNING LAW
17. INTEGRATION AND SEVERABILITY
If and to the extent any provision of these Terms is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof shall be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable but only to the extent of its illegality, invalidity, or unenforceability and shall be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties.
18. ADDITIONAL TERMS 18.1. Entire Agreement.
This Agreement constitutes the entire agreement between you and PoolXing, superseding any prior agreements between you and PoolXing relating to the subject matter of this Agreement. 18.2. Business Transfers.
PoolXing may sell, transfer, or otherwise share some or all of its assets, including your personal information, in connection with a merger, acquisition, reorganization, sale of assets, or in the event of bankruptcy. 18.3. No Agency.
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is created as a result of this Agreement and you do not have any authority of any kind to bind PoolXing in any respect whatsoever. 18.4. Assignment.
This Agreement is not assignable, transferable, or sublicensable by you except with PoolXing's prior written consent. You agree that this Agreement, all rights herein, and all incorporated agreements may be automatically assigned by PoolXing, in its sole discretion, to one or more third parties in the event of a merger, acquisition, corporate reorganization, sale of all or substantially all of PoolXing's assets, or similar transaction. 18.5. No Waiver.
PoolXing's failure to enforce any right or provision of this Agreement will not constitute a waiver of such right or provision and does not waive its right to act with respect to subsequent or similar breaches. 18.6. Severance.
If any provision of these Terms is found to be invalid by a court of competent jurisdiction, you and PoolXing nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of this Agreement will remain in full force and effect. 18.7. Survival.
Sections 4 (Payment), 6.2 (Release), 7 (Content Posted By You), 8 (Third Party Sites and Services), 9 (Proprietary Rights), 10 (Warranty Disclaimer), 11 (Indemnity), 12 (Limitation of Liability), 16 (Governing Law), 17 (Integration and Severability), and this Section 18 shall survive any termination of this Agreement. 18.8. Contact.
Please contact PoolXing at email@example.com with any questions regarding these Terms.