Welcome to FareShare.

 

Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (“Services”).

These Terms of Use (the “Terms”) are a binding contract between you and FareShare, Inc. (including but not limited to “FareShare,” “us”  and “we” ). The Terms limit FareShare’s liability and your remedies against FareShare. Your using of the Services in any way means that you agree to be bound by all of these Terms. These Terms include the provisions in this document, as well as those in the Privacy Policy. You must agree to and accept all of the Terms, or you do not have the right to use the Services.

FareShare use:

FareShare provides a means to enable persons who seek transportation to certain destinations (“Riders”) to be matched with independent third party persons driving to those destinations (“Drivers”) through a proprietary algorithm. You may be required to sign up for an account, using your email address (“FareShare User ID”), and select a password. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your FareShare User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

You represent and warrant that you are an individual of at least 18 years of age, or the legal age of majority in your jurisdiction, and able to form a binding contract. You will only use the Services for your own personal, noncommercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If applicable laws prohibit your use of the Services, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your use of the Services in a way that breaks the law.

You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account. To the extent permitted by law, FareShare reserves the right to refuse or deny access to its Services at any time and within its sole discretion.

Additional restrictions:

You represent, warrant, and agree that you will not use the Services or interact with the Services in a manner that:

Infringes or violates the intellectual property rights or any other rights of anyone else (including FareShare); violates any law or regulation, including any applicable export control laws is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable; jeopardizes the security of your FareShare account or anyone else’s (such as allowing someone else to log in to the Services as you); attempts, in any manner, to obtain the password, account, or other security information from any other user; violates the security of any computer network, or cracks any passwords or security encryption codes; “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure); expunge, absorb, or collect  any page, data, or portion of or relating to the Services or Content (through use of manual or automated means); copies or stores any significant portion of the Content; decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

Violation of any of the foregoing warrants termination of your right to use or access the Services.

FARESHARE DOES NOT PROVIDE TRANSPORTATION SERVICES, AND FARESHARE IS NOT A TRANSPORTATION CARRIER OR A TRANSPORTATION NETWORK COMPANY. IT IS SOLELY UP TO THE DRIVER TO DECIDE WHETHER OR NOT TO OFFER A RIDE TO A RIDER, AND IT IS SOLELY UP THE RIDER TO DECIDE WHETHER OR NOT TO ACCEPT A RIDE FROM ANY DRIVER. ANY DECISION BY A USER TO OFFER OR ACCEPT TRANSPORTATION ONCE SUCH USER IS MATCHED THROUGH FARESHARE IS A DECISION MADE IN SUCH USER’S SOLE DISCRETION AND AT THAT USER’S SOLE RISK. FARESHARE OFFERS INFORMATION AND A METHOD TO CONNECT DRIVERS AND RIDERS WITH EACH OTHER, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY MANNER AS A TRANSPORTATION CARRIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES VOLUNTARILY PROVIDED TO ANY RIDER BY ANY DRIVER USING FARESHARE.

FARESHARE DOES NOT GUARANTEE THE SUITABILITY, SAFETY, ELIGIBILITY, OR ABILITY OF DRIVERS OR RIDERS. IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE IF A DRIVER OR RIDER WILL MEET YOUR NEEDS AND EXPECTATIONS. FARESHARE WILL NOT PARTICIPATE IN DISPUTES BETWEEN YOU AND A DRIVER OR RIDER. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO SITUATIONS INVOLVING DRIVERS OR RIDERS THAT ARE POTENTIALLY UNSAFE, OFFENSIVE, HARMFUL TO MINORS, OR OTHERWISE OBJECTIONABLE, AND THAT USE OF DRIVERS OR RIDERS ARRANGED OR SCHEDULED USING THE SERVICES IS SOLELY AT YOUR OWN RISK AND JUDGMENT. YOU ARE SOLELY RESPONSIBLE AND BEAR ALL RISKS FOR CHOOSING THE INDIVIDUALS WITH WHOM YOU TRAVEL. FARESHARE SHALL NOT HAVE ANY LIABILITY, RESPONSIBILITY, OR OBLIGATION ARISING FROM OR IN ANY WAY RELATED TO YOUR TRANSACTIONS OR RELATIONSHIP WITH DRIVERS OR RIDERS AND/OR ANY RIDES OR TRIPS YOU TAKE IN CONNECTION WITH FARESHARE’S SERVICES.

User Rights:

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including FareShare’s) rights.

You understand that FareShare owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.

Copyright Matters:

The Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like FareShare, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers.

 

FareShare Cost

You understand and agree that use of the Services as a Rider may require you to pay a reimbursement of a portion of the costs incurred by a Driver (“Reimbursement”). You agree that you will remit such Reimbursement solely and directly to FareShare, not to a Driver. You further agree that you shall neither give a Driver, nor accept when serving as a Driver, Reimbursement in excess of the costs the Driver incurred for the particular trip in which you participated. After you have received services obtained through your use of the Service, FareShare will facilitate payment of the applicable Reimbursement on behalf of the Driver, as such Driver’s limited Reimbursement collection agent, using your preferred payment method designated in your account. Payment of the Reimbursement in such a manner shall be considered the same as a Reimbursement made directly by you to the Driver. Reimbursements will be inclusive of applicable taxes where required by law. Reimbursements paid by you are final and nonrefundable, unless otherwise determined by FareShare.

All Reimbursements are due immediately and payment will be facilitated by FareShare using the preferred payment method designated in your account. If your primary account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that FareShare may, as the Driver’s limited Reimbursement collection agent, use a secondary payment method in your account, if available.

FareShare reserves the right to establish, remove and/or revise Reimbursements for any or all aspects of the Services at any time in FareShare’s sole discretion. FareShare may provide certain users with promotional offers and discounts that may result in different reimbursements for the same or similar Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the reimbursements applied to you. You may elect to cancel your request for Services from a Driver at any time. If you elect to cancel your request for Services from a Driver after the Driver arrives, you will be charged for all or a portion of the Driver’s Reimbursement. Even if you elect to cancel your request for Services from a Driver prior to such Driver’s arrival, you may still be charged for all or a portion of the Driver’s Reimbursement, depending on when you cancel.

Driver Requirements

By using the Service, a Driver represents, warrants, and agrees that:

Such Driver is at least 21 years of age; such Driver possesses a valid, current driver’s license and is authorized to operate a motor vehicle in all jurisdictions in which such Driver uses the Services; such Driver owns, or has the legal right to operate, the vehicle such Driver uses when accepting Riders, and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind; such Driver is on a valid insurance policy satisfying State and local laws where the vehicle is registered and covering the vehicle such Driver uses when accepting Riders; such Driver has a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) for the operation of such Driver’s vehicle to cover any anticipated losses related to such Driver’s provision of rides to Riders; such Driver has no record of convictions for felonies, serious driving offenses, sex offenses, or other violent crimes; such Driver will be solely responsible for any and all liability which results from or is alleged as a result of the operation of the vehicle such Driver uses to transport Riders, including, but not limited to personal injuries, death and property damages.

In the unfortunate event of a motor vehicle accident such Driver will be solely responsible for compliance with any applicable statutory or department of motor vehicles requirements, and for all necessary contacts with such Driver’s insurance carrier; such Driver will obey all local laws related to the matters set forth herein, and will be solely responsible for any violations of such local laws; such Driver will not make any misrepresentation regarding FareShare, the Services or such Driver’s status as a Driver, offer or provide transportation service for profit, as a public carrier or taxi service, charge for rides or otherwise seek non-voluntary compensation from Riders, or engage in any other activity in a manner that is inconsistent with such Driver’s obligations under these Terms; Such Driver will not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientationIf believed such act is occurring, such driver’s account will be terminated and banned for an indefinite period of time solely determined by FareShare; such Driver is medically able (physically and mentally) to drive in accordance with applicable law; such Driver will not accept cash payments or any other form of compensation directly from passengers, instead will be compensated electronically through the Service; such Driver is an independent third party volunteering to drive others in a for-reimbursement-not-for-profit carpooling arrangement, and is not an employee or agent of FareShare or its affiliates; such Driver will cooperate fully with FareShare in the event that FareShare chooses to verify any or all of these Driver Requirements.

When you are a Driver (or as part of a promotion or other offer), you may accrue credits in accordance with our credit accrual policy in effect at the time of accrual. In accordance with our policy in effect at the applicable time of application or reduction, your FareShare account balance may be applied towards trips you take as a Rider or you may elect to reduce your FareShare Balance in exchange for money to be deposited into a qualifying bank account designated by you. Please note that these rights (and the FareShare account balance) are contractual rights only and do not constitute or represent property or any right or interest in property; in any case (and notwithstanding any reference to any “account”), we are not holding any property (including money) for you or on your behalf, as a fiduciary or otherwise. If you have not accrued new credits or used any credits within a one year calendar period, your credits will expire and your FareShare account balance will be zero.

Discontinuing Use

You’re free to do that at any time. Please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.

FareShare is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms, without notice. FareShare has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in destruction of any Content associated with your account, so please keep that in mind before you decide to terminate your account.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

Extra

The third party API “Google Analytics” tracks users tendencies on the website and app.

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that FareShare may or may not, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. You hereby acknowledge and agree that you are not an employee, agent, independent contractor, partner, or joint venture of FareShare, and that you do not have any authority of any kind to bind FareShare in any respect whatsoever. Except as expressly set forth in the section above regarding the Apple Application, you and FareShare agree there are no third party beneficiaries intended under these Terms.

By using FareShare’s Services you agree that you are not relying in any way on any advertisements, representations, or statements made by FareShare or any of its employees, agents, contractors, or anyone else acting on its behalf in choosing to use the Services.

You and FareShare agree that these Terms are the complete and exclusive statement of the mutual understanding between you and FareShare, and that they supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms. The failure of FareShare to exercise, in any way, any right herein shall not be deemed a waiver of any rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.

Distribution of Terms of Use and all other material on, but not limited to, website, app, or other property of FareShare is prohibited unless otherwise approved by FareShare, Inc.

Term of Use Changes

We reserve the right to change the Terms at any time, effective upon posting of updated terms on www.FareShareUSA.com. We are constantly improving our Services, so these Terms may need to change along with the Services. It is your responsibility to be up to date with these changes.

If you don’t agree with the new Terms, you may reject them. Unfortunately your failure to accept these terms means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to be bound by the Terms in effect at the time of such use. 

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing.

We’re always trying to improve the Services, so they may change over time. FareShare reserves the right to modify, suspend, or discontinue any part of the Services, impose limits on certain features, or restrict access to parts or all of the Services. You agree that FareShare will not be liable to you for any modification, suspension, or discontinuation of part or all of the Services. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

Privacy

Your privacy is taken very seriously at FareShare

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at FareShareMedia@gmail.com

By using the Services, you consent and agree to the collection, use, and disclosure of your personally identifiable information and any other information provided by you to FareShare. We may disclose personal information or any other information we collect when we determine that such disclosure is necessary to comply with applicable law, to cooperate with law enforcement, or to protect the interests or safety of FareShare.

Due to the close nature of interaction, FareShare reserves the right to perform background checks on Users at any time. By using the Services, you consent and agree that FareShare may perform such background checks consistent will all applicable laws and regulations, and you waive any claims against FareShare for conducting such background checks.

Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.” Some User Submissions are viewable by other users. In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.

For all User Submissions, you hereby grant FareShare a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.

If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a “Public User Submission”), then you grant FareShare the license above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all FareShare users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services and/or otherwise in connection with FareShare’s business, provided that FareShare will try to notify you if it uses your Public User Submission for any reason other than displaying it on the Services. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.

You agree that the licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide.

Finally, you understand and agree that FareShare, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

Additional Privacy

Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.

The Services may contain links or connections to third party websites or services that are not owned or controlled by FareShare. When you access third party websites or use third party services, you accept that there are risks in doing so, and that FareShare is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize. We currently use third party services and by using our Services, you agree to be bound by the applicable terms for such third party services.

For some of our Services, we use Google’s Maps API(s); by using such Services, you agree to be bound by Google’s Terms of Service.

FareShare has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, FareShare will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that FareShare shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site, or between users and any third party, you agree that FareShare is under no obligation to become involved and is in no way responsible. In the event that you have a dispute with one or more other users, you release FareShare, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”

 

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED ABOVE) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.