Customer Platform Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE CUSTOMER PLATFORM.

IMPORTANT! Your use of the Customer Platform (as defined below) is subject to your acceptance of and agreement to the following terms and conditions (the “Terms of Use” or “Agreement”). By accessing, browsing or registering for an account on the Customer Platform, each User accepts, without limitation or qualification, these Terms of Use.

Definitions

“Customer Platform” means the getDowntown Commute Central and is operated by getDowntown (“Provider”) and developed and hosted by RideShark Corporation (“RideShark”). “Participating Organizations” means “User”, “you” or “your” means anyone accessing, browsing, using or registering for an account on the Customer Platform or the application.

Description of Customer Platform

The purpose of Customer Platform is to support and encourage sustainable travel use (e.g. carpools, transit, vanpooling, cycling, walking, telework, etc.). As a Customer Platform user, there may be times when you are a passenger or a driver for other passengers.

Your Account

You must be at least 18 years old to use the Customer Platform.

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You also agree to accept responsibility for all activities that occur under your account or password. You agree to provide accurate information on your account for ridematching purposes. To preserve the integrity of the data in the ridematching database, we reserve the right to modify, deactivate and/or delete accounts they deem to contain inaccurate and/or inappropriate information. Accounts that are inactive for a certain period of time will be handled as follows: The registered user will receive an e-mail directing him/her to reactivate his/her account. If no action is taken within a specified period, the account will be deactivated, and subsequently deleted if there continues to be no activity.

Proprietary Rights

Users have the right to access, view and print content on the Customer Platform, provided that the content is only used for information and non-commercial purposes.

Some material on the Customer Platform (as well as the organization and layout of the Customer Platform) is owned and copyrighted, licensed by, or used with permission that is granted to Provider. No reproduction, distribution or transmission of the copyrighted material or confidential information on the Customer Platform is permitted without the prior written permission of Provider and/or RideShark Corporation, the software developer.

Privacy

By accessing or using the Customer Platform, you understand that we will collect and use certain information about you, including personal information. For more information about our collection, use, disclosure and protection of your personal information, please read our Privacy Policy. Questions or requests with respect to your personal information may be sent via email to info@rideshark.com

User Acknowledgements and Obligations

In exchange for using the Customer Platform you agree to abide by the terms and conditions listed below:

1. You acknowledge that Provider does not conduct background checks or otherwise evaluate the suitability of the Users. Users are themselves responsible for determining if it is appropriate or not to meet or share personal information with potential carpool partners.
2. You freely accept and fully assume all risks, dangers and hazards involved in this process, and the possibility of personal and bodily injury, death, property damage, or loss that these risks, dangers and hazards might cause.
3. You agree to indemnify and hold harmless Provider and RideShark from any and all liability linked to personal and bodily injury, death, property damage or loss, and from resulting claims or actions arising from your participation in or involvement with the Customer Platform.
4. You may not without our prior written permission use any computer code, data mining software, "robot," "bot," "spider," "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to attempt to gain unauthorized access to any portion of the Customer Platform, monitor or copy any of the Web pages, data or content found on this site or accessed through the Customer Platform. No User may test the vulnerability of the Customer Platform, or seek to trace any information on any other User of the Customer Platform.
5. You acknowledge that specific federal and provincial statutes (such as the Highway Traffic Act, the Commuter Services Act, the Public Vehicles Act, and the Insurance Act) contain legal obligations for carpooling. You therefore agree that it is your responsibility to acquaint yourself with the legal requirements of carpooling partnerships. You also acknowledge that you are responsible for contacting your vehicle insurer to make sure you have enough coverage to protect yourself and your carpool passengers.
6. For Users to be able to identify potential carpool partners you need to provide your name and at least one contact means (phone or e-mail). Provider does not sell or disclose your personal information obtained through these processes unless legally required to by law.
7. You acknowledge that Provider retains the right to contact you about the use of the Customer Platform.
8. You will not use the Customer Platform for any purpose that is unlawful or prohibited by these Terms of Use. If you violate any of these Terms of Use, your permission to use the Customer Platform automatically terminates.
9. You acknowledge that Provider reserves the right to remove any profile suspected of or found using the Customer Platform for purposes other than carpooling.

Disclaimer of Warranties

RideShark and the Participating Organizations in providing this service of matching riders and drivers based on location and work schedule, hereby disclaim any responsibility or liability for any accidents or harm to any rideshare program participants. We provide this service solely as a venue for communication between commuters that meet certain criteria. We do not evaluate or insure the character or skill of any drivers or passengers. Furthermore, our records are based on information that users enter into the database. Some of this information may be inaccurate or incomplete. We do not evaluate the correctness or truthfulness of the information submitted and cannot be responsible for any false information submitted.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE CUSTOMER PLATFORM AND THE SERVICE OFFERED THROUGH THE CUSTOMER PLATFORM IS AT YOUR SOLE RISK. THE CUSTOMER PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PROVIDER, RIDESHARK AND PARTICIPATING ORGANIZATIONS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE CUSTOMER PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

Limitation of Liability

You expressly understand and agree that none of Provider, RideShark or the Participating Organizations shall be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Customer Platform or services; (b) the cost of procurement of substitute services resulting from any data, information or services obtained, or messages received, or transactions entered into on the Customer Platform; (c) unauthorized access to, or alteration of your transmissions or data; (d) statements or conduct of any third party on the service or in, or relating to, a carpool; or (e) any other matter relating to the Customer Platform or services offered through the Customer Platform.

Changes to the Customer Platform

Provider may make improvements to or changes in the information, services, products, and other materials on the Customer Platform or terminate the services made available through the Customer Platform at any time. These Terms of Use may be modified at any time, and such modifications shall be effective immediately upon posting of the modified Terms of Use. Accordingly, you agree to review this agreement periodically, and your continued access or use of the Customer Platform shall be deemed your acceptance thereof.