SmartLife Digital







Effective January 1, 2016

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 Carpool Buddy Privacy Policy. Carpool Buddy Terms of Use These Terms of Use (“Terms of Use” or “Agreement”) apply to use of the Carpool Buddy carpooling service (“Carpool Buddy Service”) or (“Carpool Buddy App”) and the Carpool Buddy software used to provide the service (“Carpool Buddy Software”). This Agreement is a legally binding agreement made between you (“you,” “your”) and us. Other words used in these Terms of Use are defined below. You may use the Carpool Buddy Service through the Carpool Buddy application. This Agreement applies to your use of the Carpool Buddy 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.smartlifedigital.com/carpool_buddy_legal website or such other website through which the Carpool Buddy Services are accessed. Your continued use of the Carpool Buddy Service indicates your agreement to be bound by the terms of use in effect at the time of such use. 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 USING Carpool Buddy, YOU ARE INDICATING THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND BY THE TERMS OF THE Carpool Buddy SERVICE PRIVACY POLICY. IF YOU DO NOT AGREE TO ALL OF THE TERMS IN THIS AGREEMENT OR THE Carpool Buddy SERVICE PRIVACY POLICY, WE WILL NOT BE ABLE TO ACCEPT YOUR REGISTRATION AND YOU WILL NOT BE ABLE TO USE Carpool Buddy. Definitions “Additional Terms” means terms related to any program or promotion, which are in addition to these Terms of Use. “Carpool Buddy Entities” means Carpool Buddy, SmartLife Digital, and its employees, directors, offers, agents, contractors, subsidiaries and affiliates. “Carpool Buddy Partners” means Carpool Buddy 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.

Summary

The Carpool Buddy App enables Users to arrange to Carpool with each other, provides a communications platform, and other services related to those shared rides. This all done based on where the User lives and works.

Personal Responsibility

Use of the Carpool Buddy Service will introduce you to people registered with the Carpool Buddy Service for the purposes of Shared Transport or any other service offered by the Carpool Buddy 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 Carpool Buddy 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 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 Carpool Buddy Entities or Carpool Buddy Partners have any responsibility, liability or obligation with respect to any of the trips that you may take as a result of using the Carpool Buddy Services.

Requirements to Access the Service

Eligibility To Ride:

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 (5) years.

Eligibility to Drive:

- 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 Carpool Buddy. Carpool Buddy reserves the right, in its sole discretion, to refuse or deny access to the Carpool Buddy Service to any individual for any reason or no reason.

Technical Requirements

In order to register for Carpool Buddy, you would require a functioning smart phone, and a valid email address. It is your responsibility to enter your correct email-id and/or phone number. Carpool Buddy service DOES NOT validate your email-id and phone number at this time. It is your responsibility to maintain validity of this email address and/or phone number. Should your email address and/or phone number change, please record your updated email address in the Carpool Buddy Service. Drivers must download the Carpool Buddy mobile phone application to use the Carpool Buddy Service and must carry their mobile/cell phone with them during Trips in order for the Trips to be registered with the Carpool Buddy 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 Carpool Buddy Service, a mobile device with services from a service provider supported by the Carpool Buddy Software and a plan which allows you access to Carpool Buddy’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 Carpool Buddy Service. Should your mobile/cell number change, update the correct information in the carpool buddy application settings.

Payments, Cancellations, and Refunds.

Any carpooling arrangement is negotiated and agreed between the parties engaged in the car pool. Setting up the carpool schedule, making any changes to the schedule, and any rotational driving arrangement between the carpooling parties is entirely up to the parties, and Carpool buddy service doesn’t engage in this process nor is liable for any breach of agreement between the parties. At this point we do not charge any fees to use this application. In the event something goes wrong in the carpooling arrangement, we are not responsible.

User Disputes

We are not involved in and in no way responsible for any actual dealings between you and other Users who use the Carpool Buddy 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 Carpool Buddy 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 Carpool Buddy Service or any activity we believe is not compliant with our Terms of Use and Carpool Buddy Service Privacy Policy.

You must not:

- damage, disable, overburden, or impair the Carpool Buddy Service (or any network connected to the Carpool Buddy Service);

- resell or redistribute the Carpool Buddy Service, Carpool Buddy Software or any part of it;

- use any unauthorized means to modify, reroute, or gain access to the Carpool Buddy 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 Carpool Buddy 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 Carpool Buddy 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 Carpool Buddy 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

There may be content on the Sites which describes generally how the Carpool Buddy Services operate. The Terms of Use, Carpool Buddy 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 of Carpool Buddy Service; you acknowledge that we are not responsible for such websites or services or content that may be available there.

Intellectual Property

The Carpool Buddy Service and Carpool Buddy Software are the property of SmartLife Digital, and are protected by copyright law and other intellectual property rights. The structure, organization and code of the Carpool Buddy Service and Carpool Buddy Software are proprietary to Carpool Buddy. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights or licenses to the Carpool Buddy Service or Carpool Buddy Software; all rights not expressly granted are reserved by Carpool Buddy.

If you provide or communicate any suggestions for improvements to the Carpool Buddy Site, by emailing us at support@smartlifedigital.com (collectively, “Carpool Buddy 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 Carpool Buddy 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 Carpool Buddy/Carpool Buddy Entities or Carpool Buddy/Carpool Buddy Partners be liable for any claims or damages, consequential loss, lost profits, special, indirect, incidental, or punitive damages arising out of such disruptions. THE Carpool Buddy 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, SmartLife Digital/Carpool Buddy/Carpool Buddy ENTITIES, Carpool Buddy/Carpool Buddy PARTNERS AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE Carpool Buddy 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, LACK OF NEGLIGENCE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. Carpool Buddy DOES NOT WARRANT THAT THE OPERATION OF THE Carpool Buddy SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. Carpool Buddy’s entire liability and your exclusive remedy for errors or unavailability of the Carpool Buddy Service will be, at Carpool Buddy’s discretion, to attempt to correct or work around errors, to correct or modify documentation of the Carpool Buddy Service.

Modifications To Services

SmartLife Digital and Carpool Buddy 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 Carpool Buddy Services, in its sole discretion. You agree that Carpool Buddy/Carpool Buddy Entities or Carpool Buddy/Carpool Buddy Partners will not be liable to you for any modification, suspension or discontinuance of the Carpool Buddy Services.

Term and Termination.

This Agreement begins on the date you complete your registration for the Carpool Buddy 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 support@smartlifedigital.com. We may terminate this Agreement or suspend your User account and/or access to the Carpool Buddy Service at any time, for any reason, without notice. Upon termination of this Agreement for any reason, all of your rights to access the Carpool Buddy Service and your User account will terminate. All provisions of this Agreement that should naturally be interpreted to survive termination will survive.

Liability Limit

You agree to release Carpool Buddy/Carpool Buddy Entities and Carpool Buddy/Carpool Buddy 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 Carpool Buddy/Carpool Buddy Entities or Carpool Buddy/Carpool Buddy Partners be liable for damages, including direct damages, consequential loss, lost profits, special, indirect, incidental, or punitive damages. Carpool Buddy/Carpool Buddy Entities’ or Carpool Buddy/Carpool Buddy Partners’ total liability to you in connection with any use of the Carpool Buddy 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 Carpool Buddy.

Indemnification

You agree to indemnify and hold SmartLife Digital/Carpool Buddy/Carpool Buddy Entities and Carpool Buddy/Carpool Buddy 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 Carpool Buddy Service.

Limitations and Liability

Neither SmartLife Digital/Carpool Buddy 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 Carpool Buddy 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 Carpool Buddy program.

HOLD HARMLESS

As a voluntary user of the Carpool Buddy Software, you agree that neither Carpool Buddy nor Carpool Buddy’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 Carpool Buddy 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 Carpool Buddy program and you further agree to release, discharge, hold harmless, and forever acquit this website’s and application’s sponsors, Carpool Buddy 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 Carpool Buddy 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 Carpool Buddy is an individual decision and that I am responsible for my operation of, or participation in Carpool Buddy. 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 Carpool Buddy.

SECURITY

SmartLife Digital, Carpool Buddy, program sponsors and Trusted Partners cannot, and do not, assess the suitability of Participants or other Carpool Buddy users to engage in ride sharing. SmartLife Digital and Carpool Buddy 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, their ability to drive legally and safely, the condition of their vehicles, or their criminal background. Background or other checks are NOT performed. 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.

You acknowledge and agree that under no circumstances will SmartLife Digital, Carpool Buddy, program sponsors and Trusted Partners have no responsibility, liability or obligation with respect to your use of the Carpool Buddy Service.

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 SmartLife Digital and Carpool Buddy uses online and offline media to publish updates about the program. Carpool Buddy will help match you with people along your route. You will also have the ability to interact online with other Participants. Your personal information may be used in one of the following ways: To sign you up as a Carpool Buddy Service user. To publish your profile as a Participant, including pictures and status updates that you willingly share with Carpool Buddy and your Carpool Buddy Service usage summary. To help participants use the Carpool Buddy app and find carpool matches.

Questions regarding these terms, conditions and privacy policy may be addressed by sending an email to support@smartlifedigital.com with the subject ("Carpool Buddy Feedback").



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