Please check all 5 boxes and scroll to the bottom, Click "I Agree" to continue.
If you do not agree to any of these terms, scroll to the bottom, click "I do Not Agree", and quit using this web site.
YOU MUST BE AT LEAST 18 YEARS OLD TO USE THE SCHOOLPOOL WEBSITE
COMMUTER CONNECTIONS SCHOOLPOOL TERMS OF USE AGREEMENT
IMPORTANT-READ CAREFULLY:This Terms of Use Agreement (the "Agreement") is a legal agreement between you ("You" or "Your") and Commuter Connections and the Metropolitan Washington Council of Governments ( "COG"), pertaining to the referral services for Commuter Connections SchoolPool (as defined in Section 1 below) hosted by COG (as defined in Section 4 below). This Agreement sets forth the terms and conditions for You to use the Commuter Connections SchoolPool Website and any related or successor site(s) thereto operated directly or indirectly by COG.
This Agreement is an ongoing contract between You and COG, and affects Your rights. Read it carefully. Check the boxes for each section to indicate that you have read and agree to all terms and conditions.
1. REFERRAL SERVICES COG's Commuter Connections SchoolPool Website ("Website")
SchoolPool Website is solely intended to provide a referral service for those looking to arrange shared transportation, including via carpool, walking, bike riding or public transit (collectively, "Shared Transportation"), to or from school for their child(ren) under age 18. Neither the Website nor COG certifies the character of any Shared Transportation participants. To the extent permitted by law, including Title VI of the Civil Rights Act of 1964, as amended, COG reserves the right to refuse service to anyone.
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2. DUE DILIGENCE BY YOU
By using this Website and participating in the referral services offered through the Website, you agree that COG 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. Further, COG 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 COG does not perform background checks or verify the licensure, insurance status or driving record of Website users.
You are responsible for making all reasonable due diligence inquiries to ensure the personal safety of You and your child. You are advised to screen referrals to Your personal satisfaction. You are responsible for obtaining identifying information, including verification that all drivers of any carpool in which Your child participates are adequately insured and qualified to drive, and You are responsible 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.
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3. ASSUMPTION OF RISK AND WAIVER OF LIABILITY
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. The Website, including all materials and information included thereon, is furnished "as is" and with all faults. COG, and its Board of Directors, officers, employees, and agents, including technical support/maintenance providers, contractors, distributors, and sublicensees, make, and You receive, NO warranties, express, implied, or statutory, in any communication with You. IN NO EVENT SHALL COG 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.
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4. 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 this Website or arrange for the services offered by this Website. You affirm that you are the parent or legal guardian of the child/children You want to register in this system.
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ADDITIONAL TERMS AND CONDITIONS
I AGREE TO THE REMAINING TERMS AND CONDITIONS
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5. COMMUNICATIONS FROM SCHOOLPOOL AND SITE ADMINISTRATOR
You understand and agree that You may receive phone calls and/or email messages from other Commuter Connections SchoolPool users and/or from the Commuter Connections SchoolPool administrator. For example, the Commuter Connections SchoolPool administrator may request that You review and update Your registration information and request updates on Your information or contact You to provide follow-up assistance.
6. SUBSTANCE OF CONTENT; WAIVER OF RIGHTS
You acknowledge and understand that when using the Website, You may be exposed to Content from a variety of sources, and that neither COG nor Commuter Connections is 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 COG with respect thereto.
7. ACCOUNT SET-UP
To access, use, and/or otherwise participate in the referral services available through the Website, You must create an account.
(a) To access, use, and/or otherwise participate in the referral services available through the Website, You must create an account.
(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 COG or Commuter Connections 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 COG or Commuter Connections has any reason to suspect that any Account Information is false, incomplete, or expired, COG may suspend or revoke such user's account and prohibit such user from current or future use of the Website.
8. CHANGES TO THE AGREEMENT
COG or Commuter Connections 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 on the Website.
9. PRIVACY POLICY
COG 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. For information about COG's data protection practices, please see our Privacy Policy at Privacy Policy
10. GOVERNING LAW/JURISDICTION
This Agreement shall be exclusively interpreted, construed and enforced in all respects in accordance with the laws of THE DISTRICT OF COLUMBIA (U.S.A.) without reference to choice of law rules.
11. 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. COG's failure to act with respect to a breach or breaches by You or any third party does not waive COG'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.