Date of Last Revision: December 16, 2012.
Please read the terms and conditions of this Agreement carefully. If you accept these terms and conditions, please print a copy of the Agreement for your reference, and click "I AGREE" at the bottom of this page if you wish to continue and to register as a go2gether Rideshare participant.
All questions or comments about go2gether's service or its contents should be directed to info@go2gether.ca.
IMPORTANT! YOUR ACCESS TO THIS WEBSITE AND PARTICIPATION IN GO2GETHER'S RIDESHARE PROGRAM IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING. ACCESSING THIS WEBSITE BY CLICKING THE "I AGREE" BUTTON, BELOW, IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE CLICK ON THE "I DECLINE" BUTTON BELOW.
ENTIRE AGREEMENT
This is the entire agreement between you ("You") and, as applicable, go2gether ("go2gether") and its partnered schools (the "University") with respect to go2gether's Rideshare Program ("Rideshare"). The effective date of this Agreement is when You accept this Agreement in accordance with the procedure set out in these terms and conditions.
DESCRIPTION OF RIDESHARE; OBJECTIVE OF RIDESHARE
Rideshare is an online system that provides participants a method by which those interested in carpooling or otherwise ride sharing may voluntarily and at their own risk get connected by one another through go2gether's matching service. Use of the system is voluntary and entirely at the discretion of its participants.
Rideshare's goal is to encourage less vehicle traffic on the roads of Greater Vancouver Regional Disctrict, BC and on the University campus, in the interest of reduced commuting costs and improved community health. However, the University and go2gether are not providing, and Rideshare does not constitute, a public transportation service.
CONDITIONS OF USE
You acknowledge that Rideshare is a carpool matching service designed to assist commuters and other travelers to find appropriate persons with whom to share rides to and/or from the University. You acknowledge that Rideshare is designed to match riders with drivers for one-time, occasional and daily trips for the purpose of achieving the objectives of Rideshare and that go2gether and the University, as applicable, reserves the right to terminate Your participation in Rideshare and remove You from the system at any time if it is determined that You are not using Rideshare for such a purpose. Further, go2gether and the University, as applicable, reserves the right to alter, suspend or terminate Rideshare at any time without prior notice to You.
Rideshare is an optional service that You use at Your own risk, just as You would if You obtained a ride with a friend or relative. Neither go2gether, the University, nor any of their respective officers, trustees, employees, agents, volunteers, representatives or contractors, assume any liability for any injury or harm that may result from Your use of the service, and as a condition of using Rideshare, You are specifically required to waive any claim You might have against any of them for damages or other remedy arising from any such injury or harm. PLEASE READ THE DETAILED ASSUMPTION OF RISK, WAIVER, RELEASE, COVENANT NOT TO SUE AND INDEMNIFICATION AGREEMENT WHICH FORMS PART OF THIS AGREEMENT.
DISCLAIMER
You acknowledge that go2gether and the University do not (a) conduct any criminal, motor vehicle record, insurance or other background checks on Rideshare participants, (b) inspect or otherwise investigate the condition or safety of vehicles used by Rideshare participants, (c) assume any responsibility for determining the suitability of Rideshare for You or Your ability to participate in Rideshare, or (d) assume any obligation to take any steps to ensure Your safety during Your use of Rideshare. Without limiting the foregoing, You specifically acknowledge that it is Your responsibility to contact, interview and select other Rideshare participants, and to make Your own independent judgment as to whether to drive and/or ride with them. By participating in Rideshare you are agreeing that you are entirely responsible for your own safety.
APPLICABLE LAWS; INSURANCE
You acknowledge that it is Your responsibility to become familiar with the legalities of participating in a carpool, and to contact Your vehicle insurer and verify that You have sufficient insurance coverage to protect Yourself and Your carpool passengers. Neither go2gether nor the University provide any insurance coverage for the benefit of Rideshare participants. You are responsible for determining whether participants have vehicle insurance coverage and whether such insurance covers You if you ride with other Rideshare participants.
FREE OF CHARGE
The University and go2gether are providing the Rideshare service free of charge. Any agreement made between You and fellow participants regarding cost sharing does not involve the University or Rideshare, and the University and go2gether assume no responsibility for such arrangements.
PERSONAL INFORMATION
You consent to the University's and go2gether's, as applicable, collection, use and disclosure of Your email address, full name and other personal information through the Rideshare program. Your email address will not be disclosed to the general participant population, but may be disclosed to other actual or prospective participants for matching purposes. Other personal information you choose to disclose during sign up will be visible to other users on Rideshare Website. YOU MAY ACCESS, CORRECT AND DELETE YOUR OWN PERSONAL INFORMATION STORED ON THE RIDESHARE WEBSITE BY USING THE WEBSITE OR BY EMAILING THE ADMINISTRATOR AT INFO@GO2GETHER.CA.
ASSUMPTION OF RISK, WAIVER, RELEASE, COVENANT NOT TO SUE AND INDEMNIFICATION AGREEMENT
You hereby acknowledge and agree that You are aware that registering for and/or participating in Rideshare has many inherent risks, including without limitation risks of personal or bodily injury, death and property damage arising from the negligent or intentional acts or omissions of other Rideshare participants or other parties. Such acts or omissions may include, without limitation, negligent design, manufacture, maintenance and/or operation of motor vehicles; criminal or intentional misconduct of other Rideshare participants or users of the Rideshare website; and other acts or omissions that may not even be presently foreseeable. IN CONSIDERATION OF THE UNIVERSITY OR GO2GETHER, AS APPLICABLE, PERMITTING YOU TO REGISTER FOR AND/OR PARTICIPATE IN RIDESHARE, YOU HEREBY FREELY AND VOLUNTARILY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM. YOU FURTHER:
A. RELEASE ANY AND ALL CLAIMS, DEMANDS, ACTIONS, SUITS, AND PROCEEDINGS (WHETHER CIVIL, CRIMINAL, OR ADMINISTRATIVE) AND ALL LIABILITIES, LOSSES, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), COSTS, OR DAMAGES THAT YOU HAVE OR MAY HAVE IN THE FUTURE AGAINST THE UNIVERSITY, GO2GETHER, THE PROVINCE OF BRITISH COLUMBIA AND/OR THEIR RESPECTIVE OFFICERS, TRUSTEES, DIRECTORS, EMPLOYEES, STUDENTS, AGENTS, VOLUNTEERS, REPRESENTATIVES AND/OR CONTRACTORS (ALL OF WHOM ARE HEREINAFTER COLLECTIVELY REFERRED TO AS THE "RELEASEES"), WAIVE ALL SUCH CLAIMS AND AGREE NOT TO BRING ANY ACTION OR SUE ANY OR ALL OF THE RELEASEES FOR SUCH CLAIMS, DEMANDS, ACTIONS, SUITS, AND PROCEEDINGS (WHETHER CIVIL, CRIMINAL, OR ADMINISTRATIVE) AND ALL LIABILITIES, LOSSES, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), COSTS, OR DAMAGES ARISING DIRECTLY OR INDIRECTLY OUT OF YOUR REGISTRATION FOR AND/OR PARTICIPATION IN RIDESHARE, INCLUDING BUT NOT LIMITED TO CLAIMS, DEMANDS, ACTIONS, SUITS, AND PROCEEDINGS (WHETHER CIVIL, CRIMINAL, OR ADMINISTRATIVE) AND ALL LIABILITIES, LOSSES, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), COSTS, OR DAMAGES ARISING OUT OF THE ACTUAL OR ALLEGED NEGLIGENT ACTS OR OMISSIONS OF ANY OR ALL OF THE RELEASEES;
B. AGREE TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES FROM AND AGAINST ANY AND ALL LIABILITY FOR ANY DAMAGE TO THE PROPERTY OF, OR PERSONAL OR BODILY INJURY OR DEATH TO, ANY PARTY, RESULTING FROM YOUR REGISTRATION FOR AND/OR PARTICIPATION IN RIDESHARE; AND
C. AGREE THAT IF YOU ARE DISSATISFIED WITH THE RIDESHARE SERVICE OR THE MATERIALS AVAILABLE ON THE RIDESHARE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING RIDESHARE.
You understand and agree that this Agreement is to be as broad and inclusive as is permitted by the laws of the Province of British Columbia, and that if any portion of this Agreement is held invalid, the remaining terms shall continue in full force and effect. This Agreement shall be binding upon You, as well as Your successors, executors, personal representatives, heirs and assigns.
YOU HEREBY ACKNOWLEDGE AND REPRESENT THAT YOU HAVE READ, UNDERSTAND AND FULLY AGREE TO THE TERMS OF THIS AGREEMENT, AND THAT YOU VOLUNTARILY WISH TO PARTICIPATE IN RIDESHARE SUBJECT TO THE TERMS AND CONDITIONS STATED HEREIN, AND THAT YOU ARE A MEMBER OF THE UNIVERSITY OR ESF COMMUNITY, AS APPLICABLE.
YOU ARE AWARE THAT BY CLICKING "I AGREE" AT THE BOTTOM OF THIS AGREEMENT YOU ARE WAIVING CERTAIN LEGAL RIGHTS WHICH YOU AND/OR YOUR SUCCESSORS, HEIRS, EXECUTORS, PERSONAL REPRESENTATIVES AND ASSIGNS MAY HAVE AGAINST THE RELEASEES.
MODIFICATION
The University and go2gether reserve the right to modify this Agreement at any time without prior notice, and such modification shall be effective immediately upon posting on the Rideshare Website. It is Your responsibility to review this Agreement periodically and make Yourself aware of any modifications. Your continued use of Rideshare will be deemed to be Your conclusive acceptance of the modified Agreement.
READ AND UNDERSTAND THE ENTIRE AGREEMENT; MINORS
By viewing, using or posting materials on the Rideshare Website, or by registering and/or participating in Rideshare, You acknowledge that You have read, are familiar with, and agree to the foregoing terms and conditions in their entirety.
If You are under 18 years of age, you may not register or participate in Rideshare without the express written consent of your parent or legal guardian, including their agreement to the terms and conditions set forth herein. If You are under 18 years of age, you must click "I DECLINE". By clicking "I AGREE" below, you acknowledge that You are at least 18 years of age.
REQUIRMENTS TO ACCESS THE SERVICE;
Eligibility
By registering for Rideshare, You certify that the following are all true: You are at least 18 years of age; and You have not 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 five (5) years.
For drivers who will be picking up riders, You certify that the following are all true: You have a current and valid driver's license; You carry all insurance requirements by law in order to operate a motor vehicle in the province 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 offense(s); 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 individual 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 in the Rideshare.
If at any time You do not meet or continue to meet the eligibility requirements listed in this section, You must notify go2gether immediately and You will no longer have the right to use or continue to participate in Rideshare. The University and/or go2gether reserve the right, in its sole discretion, to refuse or deny access to Rideshare to any individuals for any reason.