Terms of Service

Please review this Agreement carefully and check for updates regularly. This Agreement limits our liability and also limits your remedies against us and certain third parties. You should read these Service Terms of Use in conjunction with the Commutr Privacy Policy.

Commutr Service Terms of Use

These Terms of Use (“Terms of Use” or “Agreement”) apply to use of the Commutr carpooling service (“Commutr Service”) and the Commutr software used to provide the service (“Commutr Software”). This Agreement is a legally binding agreement made between you (“you,” “your”) and Readyforce, Inc. (dba Commutr) located at 1300 Clay Street, Suite 600, Oakland, CA 94612 as well as any of its subsidiaries (“Commutr,”, “we,” “us” or “our”). Other words used in these Terms of Use are defined below


You may use the Commutr Service through the domain https://www.getcommutr.com, through a different domain or sub-domain (including via third party domains) or through mobile phone applications. This Agreement applies to your use of the Commutr Service regardless of the method through which it is accessed.


We may amend these Terms of Use at any time and post the amended terms on the https://www.getcommutr.com website or such other website through which the Commutr Services are accessed. Your continued use of the Commutr Service indicates your agreement to be bound by the terms of use in effect at the time of such use. 


For certain Promotions, additional terms may be applicable, which will be notified to you as part of the sign-up process for such programs.
This Agreement is effective upon acceptance during registration for new Users and, for all existing Users, is effective on the day any amendment to this Agreement is posted on the Sites. BY CHECKING THE ACKNOWLEDGEMENT CHECKBOX, YOU ARE INDICATING THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND BY THE TERMS OF THE Commutr SERVICE PRIVACY POLICY. IF YOU DO NOT AGREE TO ALL OF THE TERMS IN THIS AGREEMENT OR THE Commutr SERVICE PRIVACY POLICY, WE WILL NOT BE ABLE TO ACCEPT YOUR REGISTRATION AND YOU WILL NOT BE ABLE TO USE THE Commutr SERVICES.

Definitions

“Additional Terms” means terms related to any program or promotion, which are in addition to these Terms of Use.

“Commutr Entities” means Commutr and its employees, directors, offers, agents, contractors, subsidiaries and affiliates.

“Commutr Partners” means Commutr service providers, licensees, referring organizations (including employers, non-profits, governmental agencies, city agencies) and partners.

“Driver” means a User who arranges to provide rides to passengers.

“Promotion” means an Commutr or a third party’s program or promotional campaign.

“Rider” means a User who obtains rides from Drivers.

“Shared Transport” means any demand-driven vehicle-sharing arrangement, in which travelers share a vehicle either simultaneously (e.g. ride-sharing) or over time (e.g. carsharing or bike sharing), and in the process share the cost of the journey, thereby creating a hybrid between private vehicle use and mass or public transport. Shared Transport systems include carsharing, bicycle sharing (also known as PBS or Public Bicycle Systems), carpools and vanpools (also known as ride-sharing or lift-sharing), dynamic ridesharing, slugging, casual carpooling, community buses and vans, demand responsive transit (DRT), paratransit, a range of taxi projects, hitchhiking and its numerous variants.

“Site(s)” means the https://www.getcommutr.com website or such other site through which the Commutr Services may be accessed.

“Trip” means an arranged trip between a Driver and one or more Riders.

“User” means any registered user of the Commutr Services.

Service Summary

The Commutr Service enables Users to arrange to use Shared Transport, provides a communications platform and other services related to those shared rides, and facilitates payments between Users.

Personal Responsibility

Use of the Commutr Service will introduce you to people registered with the Commutr Service for the purposes of Shared Transport or any other service offered by the Commutr Service. We cannot and do not assess the suitability of Users. We have little or no control over the truth or accuracy of the data Users may provide, the ability of Users to drive legally and safely, the condition of their vehicles, their criminal background etc. We do not verify that a User has met all the eligibility requirements for the Commutr Service or that any other part of a User’s profile information is true and accurate, or even that a User is who they claim to be. Background or other checks are not normally performed; even where background, MVR or other checks have been performed, we cannot guarantee that the results of those checks are accurate or up to date. You are solely responsible for selecting the individuals and/or entities with whom you travel. If you do not feel comfortable sharing a ride for any reason, you should use another means of transportation. You acknowledge and agree that under no circumstances will Commutr Entities or Commutr Partners have any responsibility, liability or obligation with respect to any of the trips that you may take as a result of using the Commutr Services.

Requirements to Access the Service

Eligibility

  • you are at least 18 years of age;
  • you have not have committed any felony or serious criminal offense (including but not limited to a sexual offense and/or a violence-related offense) ever or any misdemeanor within the past three (3) years.

For Drivers:

  • you are at least 18 years of age;
  • you have a current and valid driver’s license;
  • you carry all insurance required by law in order to operate a motor vehicle in the state/county/country where your vehicle is registered;
  • you carry liability insurance that covers bodily injury to all occupants of your vehicle;
  • you have no record of convictions for serious driving offenses;
  • you are medically fit to act as a Driver;
  • you have volunteered to be a driver and have not been designated by a group or company as a driver and receive no compensation from a group or company for driving; you are an independent party participating, with others, in a voluntary, not for profit, ridesharing arrangement.
  • you follow prescribed manufacturer preventative and maintenance standards for the vehicle(s) you use.

Users are advised to check with their insurance provider to ensure that their coverage extends to carpooling and ridesharing. If at any time you do not meet or continue to meet the eligibility requirements listed in this section, you must notify us immediately and you will have no right to use or continue to use the Commutr Service. Commutr reserves the right, in its sole discretion, to refuse or deny access to the Commutr Service to any individual for any reason or no reason. Particular Shared Transport programs may require additional or separate certifications to be made by Riders and Drivers and may require Commutr to conduct background, Motor Vehicle Registration (or similar) or credit checks. Access to such programs is conditional on (i) those certifications being completed and kept up to date, (ii) Rider and Drivers permitting Commutr to perform all relevant checks, including on an ongoing basis and (iii) Rider and Driver informing Commutr of any incidents, accidents or changes of circumstances that may or do affect the results or status of these certifications.

Technical Requirements

A valid email address and email account is required for using the Commutr Service. It is your responsibility to maintain validity of this email address and email account. Should your email address change, please record your updated email address in the Commutr Service. Drivers must download the Commutr mobile phone application to use the Commutr Service and must carry their mobile/cell phone with them during Trips in order for the Trips to be registered with the Commutr Service. Drivers are advised to adhere to regulations and legislation relating to the use of mobile and cell phones while driving. For using mobile phone applications to access the Commutr Service, a mobile device with services from a service provider supported by the Commutr Software and a plan which allows you access to Commutr’s mobile phone application and SMS capabilities is required. You are responsible for paying all fees that your service provider may charge you for using the Commutr Service through your mobile/cell phone. Should your mobile/cell number or service provider change, please record your updated mobile/cell phone information in the Commutr Service.

Trip Scheduling

When you accept a Trip, Riders agree to be at the departure location on time and pay the trip fee they accepted for the Trip, and Drivers agree to arrive on time at the departure location and complete the trip they agreed to provide.

Payments, Cancelations and Refunds.

All Riders and Drivers must register a valid credit card in order to use the Commutr Service and must ensure to keep credit card details up to date.

Fees Paid by Drivers. There is no fee for Drivers for using the Commutr Service;

Fees Paid by Riders. When you accept a Scheduled Trip as a Rider, you agree to pay a fee to the Driver for providing the ride. Commutr’s fee includes a fixed charge per trip of which a portion is credited to the Driver’s account and the remainder of which is retained by Commutr to cover its licensing, hosting, support and communication costs. These fees are solely in relation to the fees for using the Commutr Service and are subject to change at any time. In certain forms of Shared Transport (such as taxis or vanpools), a separate rider or driver fee may also apply, for which Commutr has no responsibility whatsoever.


Payment. If payment is due to you by Commutr, Commutr will credit your registered credit card with the applicable amount.
The Commutr Service is for personal, non-commercial use, and you may not use it to operate a business of providing transportation to Riders.


Riders and Drivers must register payment details with Commutr in order to use the Commutr Service. For Riders, this will include authorization to debit your credit card for the cost of the Trips taken. Drivers may redeem payment for Trips from Commutr via the Site.

Refunds/Cancellations

All fees paid by Riders are due immediately and are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our software or services either planned, accidental or intentional, or any reason whatsoever.

Promotions

We, or a third party, may provide certain promotional credits or coupons to Users from time to time. We may, at our sole discretion, make promotional offers with different features and different rates to any of our Users. Any promotional credit or coupons we make available to you are not redeemable for cash (but can be used towards trips) and will be forfeited upon termination of this Agreement, regardless of the reason for termination. Promotional credit received by the User is also automatically forfeited after 3 months of inactivity.

Payment Terms

Many services which are part of the Commutr Service are offered free, however some services may have an associated fee for usage. Where fees are applicable you will be informed in advance. For any software or services you purchase from us, you agree to pay us at the time you order. All fees are due immediately and are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our software or services either planned, accidental or intentional, or any reason whatsoever. We may change the fees for the Commutr Services as we deem necessary.

User Ratings; Feedback

Users may provide feedback and/or ratings of other Users they have shared a Trip with. Users leaving feedback should ensure that it is fair and accurate. You agree that we may post ratings left by other Users about you on your profile. Commutr does not necessarily actively monitor feedback and ratings left by Users. Commutr retains the right to adjust or delete User feedback that it deems, in its sole discretion, to be inappropriate and disclaims all liability in respect of feedback left by Users.

User Disputes

We are not involved in and in no way responsible for any actual dealings between you and other Users who use the Commutr Service. We will not be a party to disputes, negotiations of disputes between Users. We encourage you to report all disputes with other users to your local law enforcement authorities.

Acceptable Use

We reserve the final right to judge acceptable use of the Commutr Service. We also reserve the final right to change, delete or de-activate any User’s account or information as required to ensure acceptable use without any liability to any party whatsoever and without any notice. We may suspend or terminate your account if we suspect that you have engaged in fraudulent activity in connection with the Commutr Service or any activity we believe is not compliant with our Terms of Use and Commutr Service Privacy Policy.

You must not:

  • damage, disable, overburden, or impair the Commutr Service (or any network connected to the Commutr Service);
  • resell or redistribute the Commutr Service, Commutr Software or any part of it;
  • use any unauthorized means to modify, reroute, or gain access to the Commutr Service;
  • harm or disrupt another User’s computer or illegally access software or bypass security on websites, or servers, including but not limited to spamming;
  • Mislead other Users by providing inaccurate information.
  • use any automated process or service (such as a bot, a spider, or metasearching) to access or use the Commutr Service.
  • You agree you will not upload, post, transmit, transfer, distribute or facilitate distribution of any content (including text, images, sound, video, data, information or software) or otherwise use the Commutr Service in any way to:
  • Harass, defame, intimidate or threaten another User, person or organization;
  • Interfere with another User’s rights to privacy;
  • Distribute chain letters, surveys or contests;
  • Post any material that is defamatory, obscene or indecent;
  • Post any trademarks, logos or copyrighted material without the authorization of the owner;
  • Post any materials that may damage the operation of a computer (such as a virus, worm or trojan horse); or
  • Advertise or sell any goods or services.

Account and Passwords

You must keep your accounts and passwords confidential and not authorize any third party to access or use the Commutr Service on your behalf. You may not transfer your account to any other person or entity. You may acquire information pertaining to others using the Service. You may not disclose personally identifiable information of another user you acquire using the Service to any third party without the consent of such other User after adequate disclosure with the exception of reporting unlawful activity to authorized law enforcement personnel.

Site Content; Third Party Sites

There may be content on the Sites which describes generally how the Commutr Services operate. The Terms of Use, Commutr Service Privacy Policy and Additional Terms prevail if there is any conflict between any content on the Sites and these documents.

You may be able to access third-party websites or services via the Sites or Commutr Service; you acknowledge that we are not responsible for such websites or services or content that may be available there.
Intellectual Property

The Commutr Service and Commutr Software are the property of Readyforce, Inc., and are protected by copyright law and other intellectual property rights. The structure, organization and code of the Commutr Service and Commutr Software are proprietary to Commutr. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights or licenses to the Commutr Service or Commutr Software; all rights not expressly granted are reserved by Commutr. You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, underlying ideas, underlying user interface techniques or algorithms of the Commutr Service or Commutr Software by any means whatsoever, directly or indirectly, and you may not disclose any of these either publicly or to a third party. 

If you provide or communicate any suggestions for improvements to the Commutr Site, the Commutr Service or the Commutr Software (collectively, “Feedback”), you hereby irrevocably assign to us all right, title and interest in and to the Feedback, without restriction or any obligation of compensation.

Service Availability; Exclusion of Warranties

We will use all reasonable efforts to provide the Commutr Service in a reliable and secure way – however, as with any other software application, events which may cause disruption to our services are always possible due to issues with our software, unforeseen events such as accidents or intentional interference. In no event will Commutr/Commutr Entities or Commutr/Commutr Partners be liable for any claims or damages, consequential loss, lost profits, special, indirect, incidental, or punitive damages arising out of such disruptions. THE Commutr SERVICE IS PROVIDED ON AN “AS IS” BASIS “WITH ALL FAULTS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. TO THE FULL EXTENT PERMITTED BY LAW, Commutr/Commutr ENTITIES, Commutr/Commutr PARTNERS AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE Commutr SERVICE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, WORKMANLIKE EFFORT, LACK OF NEGLIGENCE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. Commutr DOES NOT WARRANT THAT THE OPERATION OF THE Commutr SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. Commutr’s entire liability and your exclusive remedy for errors or unavailability of the Commutr Service will be, at Commutr’s discretion, to attempt to correct or work around errors, to correct or modify documentation of the Commutr Service.

Modifications To Services

Commutr reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, all or any part of the Commutr Services, in its sole discretion. You agree that Commutr/Commutr Entities or Commutr/Commutr Partners will not be liable to you for any modification, suspension or discontinuance of the Commutr Services.
Term and Termination.

This Agreement begins on the date you complete your registration for the Commutr Service and accept this Agreement, and continues in effect indefinitely until terminated by either party. You may terminate this Agreement at any time, for any reason, by notifying us at info@getcommutr.com. We may terminate this Agreement or suspend your User account and/or access to the Commutr Service at any time, for any reason, without notice. Upon termination of this Agreement for any reason, all of your rights to access the Commutr Service and your User account will terminate. All provisions of this Agreement that should naturally be interpreted to survive termination will survive. Any promotional credits or coupons we may have made available to you will be forfeited upon termination, regardless of the reason.

Liability Limit

You agree to release Commutr/Commutr Entities and Commutr/Commutr Partners from all claims, demands and damages (actual, threatened; consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any service provided by the Service. If you are a California resident, you waive California Civil Code 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” 

In no event shall Commutr/Commutr Entities or Commutr/Commutr Partners be liable for damages, including direct damages, consequential loss, lost profits, special, indirect, incidental, or punitive damages. Commutr/Commutr Entities’ or Commutr/Commutr Partners’ total liability to you in connection with any use of the Commutr Service or any dispute arising out of this Agreement will not, for any reason, exceed (a) the aggregate amount any fees that you have actually paid to Commutr or (b) $100, whichever is greater.

Indemnification

You agree to indemnify and hold Commutr/Commutr Entities and Commutr/Commutr Partners harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your use of the Commutr Service.

General

Notices: All notices shall be made in writing to Readyforce, Inc. (dba Commutr) located at 1300 Clay Street, Suite 600, Oakland, CA 94612. Law: This agreement shall be governed in all respects by the laws of California. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference only and in no way define this agreement. Our failure to act on a breach by you or any third party does not waive our right to act in accordance with this agreement. Copyright Readyforce, Inc. Last revised: December 2014 Commutr reserves the right to use all content created by users within the application for promotional purposes.

Commutr Web Site Agreement

We hope that you will use our site to learn more about Commutr's products and services and to keep in touch with us by signing up to our newsletter. Every commercial site has a disclaimer, full of boring legal stuff, and this is ours... Commutr is an online information service provided by Readyforce, Inc. subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. Commutr MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. Copyright, Licenses and Idea Submissions.

The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Commutr, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Commutr a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to Commutr by all means and in any media now known or hereafter developed. You also grant to Commutr the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Commutr for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Commutr.
Commutr TRADEMARKS.

Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of Commutr. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site.

You understand that, except for information, products or services clearly identified as being supplied by Commutr, Commutr does not operate, control or endorse any information, products or services on the Internet in any way. Except for Commutr- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with Commutr a. You also understand that Commutr cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. Commutr PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND Commutr SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. Commutr DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. Commutr HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY

IN NO EVENT WILL Commutr BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Commutr OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Commutr LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. Commutr makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-Commutr web site, please understand that it is independent from Commutr, and that Commutr has no control over the content on that web site. In addition, a link to a Commutr web site does not mean that Commutr endorses or accepts any responsibility for the content, or the use, of such web site.
3. Indemnification.

You agree to indemnify, defend and hold harmless Commutr, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights.

The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of Commutr and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
5. Term; Termination.

This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
6. Miscellaneous.

This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between Commutr and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Commutr's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Commutr may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.

Contacting Us

If you have any questions regarding any legal aspect of this site disclaimer, please send us an e-mail.

Trusted Partner Terms & Conditions

WARNING AND NOTICE

Commutr is an open platform with unrestricted access. Neither Commutr nor our Trusted Partners (including without limitation public and private employers, educational and other local public agencies, authorized contractors and private business entities who facilitate or promote Commutr services) have conducted background investigation or review of any kind or type, including without limitation driver’s license checks, insurance checks, criminal records checks, sex offender status, or otherwise. If you decide to participate, you assume all risks for using this platform and/or participating in the Commutr program.
HOLD HARMLESS

As a voluntary user of the Commutr Software, you agree that neither Commutr nor Commutr’s Trusted Partners (including without limitation public and private employers, educational and other local public agencies, authorized contractors and private business entities who facilitate or promote Commutr services), nor any of their respective employees, contractors, members, agents and officers shall be liable or responsible in any way for any personal injury, loss or other harm to you or your property resulting from my participation in the Commutr program and you further agree to release, discharge, hold harmless, and forever acquit this website’s and application’s sponsors, Commutr or Trusted Partners (including without limitation public and private employers, educational and other local public agencies, authorized contractors and private business entities who facilitate or promote Commutr services) from any and all actions, causes of action, claims or any liabilities whatsoever, known or unknown, now existing or which may arise in the future, on account of or in any way related to or arising out of my participation in the programs.

I acknowledge that participation in Commutr, a carpool, vanpool, or any Emergency Ride Home Program is an individual decision and that I am responsible for my operation of, or participation in Commutr. I understand that this website’s and smartphone application’s sponsoring agencies and private businesses shall have no responsibility or liability for any claims, expenses or damages resulting from any individual’s participation in Commutr, a carpool, vanpool, or Emergency Ride Home Program.
SECURITY

Commutr, program sponsors and Trusted Partners cannot, and do not, assess the suitability of Participants or other Commutr users to engage in ride sharing. Commutr has little or no control over and does not take any measures to independently verify the truth or accuracy of the data provided by Participants, they’re ability to drive legally and safely, the condition of their vehicles, or their criminal background. Background or other checks are not normally performed; even where background, MVR or other checks have been performed, we cannot guarantee that the results of those checks are accurate or up to date. As a Participant, you are solely responsible for selecting the individuals and/or entities with whom you travel and you do so entirely at your own risk. If you do not feel comfortable sharing a ride for any reason, you should and are responsible for using another means of transportation. The disclaimer set forth above also applies to your use of GRH.

You acknowledge and agree that under no circumstances will Commutr, program sponsors and Trusted Partners have no responsibility, liability or obligation with respect to your use of the Commutr Service or GRH, including but not limited to: a) operating Commutr’s software products and interfaces, b) communicating and coordinating with other Participants or Commutr Service users, c) sharing vehicle trips with other Participants or Commutr Service users, and d) ordering and taking a taxi cab ride.

PROGRAM INCENTIVES

Commutr and Trusted Partners may provide incentives and rewards plan (“Incentive Plan”) that allow users to earn prizes based on your usage of the Commutr Service and your interactions with other Participants or potential Participants.

Incentives may be offered to increase your use of the Commutr Service, help recruit additional Participants, and take part in social activities that strengthen the sense of community among Participants. Incentives are only available to you if you either reside or work in Trusted Partner service areas.

The Incentive Plan comprises the following types of incentives, which will be changed periodically in each partner at the discretion of the Commutr administration:

Sign up bonus: Each new Commutr user may receive Commutr Rider credits into their account upon signup. These can be used only for the purpose of paying for a shared ride within the Commutr application and are non-redeemable for cash by a rider.

Weekly raffles: the entry rules and prizes for each raffle will be published on the Website, on the Facebook page, on the Twitter account, emailed to you, or any combination of the above. A random draw may be conducted by Commutr administrators will determine the winner of each raffle.

Monthly contests: the rules and prizes for each contest will be published on the Website, on the Facebook page, on the Twitter account, emailed to you, or any combination of the above.

Additional incentives: additional incentives may be offered to certain Participants on an exclusive or non-exclusive basis to encourage specific actions or behaviors. For instance, select Participants may qualify for additional toll or parking incentives.

Milestone Prizes: Participants may be awarded a prize either in the form of a gift card, Commutr rider credits or other prize for reaching a certain milestone. This may include a set number of shared trips, a set number of interactions with other Commutr users etc. Rules for such prizes will be posted on the Website, on the Facebook page, on the Twitter account, emailed to you, or any combination of the above.

Commutr administrators will make reasonable attempts to deliver prizes to winning Participants, including contacting them by email or phone. Trusted Partners may retain any prize that is not claimed within 60 days of the award date, and reserve the right to verify the validity of entries and to disqualify any Participant who fails to comply with the present Terms and Conditions.

TOLL DISCOUNTS

To be eligible for toll credits, you must have a valid toll tag account with a positive credit balance; your license plate must be up-to-date in your toll tag account records; and you must have no unpaid/outstanding invoices and violations. Details for tolling reimbursements will be maintained on our website including; discount credit amounts and a list of qualifying roads and bridges.

GUARTANTEED RIDE HOME (“GRH”)

Users that work or reside in Contra Costa or Santa Barbara counties areas may have access to a Guaranteed Ride Home service. In the event that you become stuck somewhere because of a failure of the Commutr service to match you with a driver, and no reasonable public transit option is available to get you back home, Commutr may offer you a taxi ride, consistent with the provisions of the

Guaranteed Rides Home program (“GRH”).

As a registered Participant, you can benefit from a subsidized taxi ride home under the following circumstances:

  • You took part in a Commutr carpool as a rider to get to work in the morning, AND
  • You attempted to get a ride back home, but could not find a Commutr carpool within 30 minutes of your scheduled departure time.
  • Alternatively, you can use the Guaranteed Ride Home Program if:
  • You or an immediate family member suffers an illness, injury or severe crisis;
  • You are asked by your supervisor to work unscheduled overtime;
  • You have a break-in, flood or fire at your residence.
  • Rides home must originate from a location in a participating county, either your place of employment home. There is also a cumulative limit of $300 on taxi fares per participant over that period, including tips and surcharges.
  • The following reasons do not qualify for the Guaranteed Ride Home program:
    • Personal errands
    • Pre-planned medical or dental appointments for participants, family members or commute vehicle driver
    • Business-related travel
    • Working overtime without a supervisor’s request
    • Non-emergency side trips on the way home
    • Ambulance service
    • Participants who abuse the GRH rules may be disqualified from future benefits without prior notice.

 PERSONAL INFORMATION

I acknowledge that giving personal information, including addresses and contact information is a personal decision that may affect my personal security. I understand that giving such information to anyone, including individuals I may contact through services such as this, requires care and taking reasonable safeguards to assure my safety and the security of my personal information. I understand Commutr uses online and offline media to publish updates about the program. Commutr SF Bay will send you regular emails and/ or phone messages to invite you to use the Commutr Service, and to help match you with people along your route. You will also have the ability to interact online with other Participants through the Website, a Facebook page, Twitter, and other media that will be made available by Commutr SF Bay for that purpose. Your personal information may be used in one of the following ways:

  • To sign you up as a Commutr Service user.
  • To send periodic, targeted emails or phone messages. You can unsubscribe from such communications at any time by following instructions that are provided in each email, by altering the notification settings in the Commutr smartphone application, or by sending an email to info@getcommutr.com
  • To publish your profile as a Participant, including pictures and status updates that you willingly share with Commutr, and your Commutr Service usage summary, on our Website, Facebook page and Twitter.
  • To administer the Incentive Plan.
  • To help participants use the Commutr app and find carpool matches.
  • To compile aggregated statistics about participation in program and usage of the Commutr Service.
  • To use in pilot for research purposes about your travel behavior
  • Questions regarding these terms, conditions and privacy policy may be addressed by sending an email to info@getcommutr.com

REPORTING EARNINGS FROM Commutr

All drivers are considered users of the Commutr platform, monies earned using Commutr are in fact motoring costs reimbursed at the Federal approved motoring rate of $0.565 cents per mile, therefore you are not required to report on this in your tax submissions. If you are in doubt please contact an Independent Tax Advisor.


Legal ridesharing

Commutr is protected by USA Public Law 112-141 (MAP 21 Section 1501) passed in 2012, which defines qualified "real-time ridesharing" programs. The IRS sets the allowable limit for deductible mileage, if used for business or commuting purposes, and that amount is currently $0.56 per mile (currently IRS has no separate cost factor for electric vehicles). Commutr mileage rates are fixed for all riders and drivers, and tiers down from $0.20 as a method to equitably share the cost of a journey, assuming 2-3 persons per car. The purpose of the rider fee is NOT for the driver to make a profit, but rather to automate the human behavior of "chipping in" for gas at the end of the week, or month, between carpool buddies. Finally, any driver can provide a FREE trip to any rider.

Reference - SEC. 1501. REAL-TIME RIDESHARING
Paragraph (3) of section 101(a) of title 23, United States Code (as redesignated by section 1103(a)(2)), is amended by striking ‘and designating existing facilities for use for preferential parking for carpools’ and inserting ‘designating existing facilities for use for preferential parking for carpools, and real-time ridesharing projects, such as projects where drivers, using an electronic transfer of funds, recover costs directly associated with the trip provided through the use of location technology to quantify those direct costs, subject to the condition that the cost recovered does not exceed the cost of the trip provided’.

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