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HAWAI‘I PACIFIC UNIVERSITY RIDESHARE WEBSITE

TERMS AND CONDITIONS OF USE



These terms and conditions of use and the Privacy Statement (together “Terms of Use”) apply to all users of Hawai‘i Pacific University Rideshare Website (hereinafter “Website”). By clicking the "I accept" button when you log in, you the Registered User (hereinafter “User”) are stating that you agree to be bound by all of these Terms of Use. If you do not agree to be bound by these Terms of Use then you should stop using and accessing the Website.

1. Accepting/Providing Rides
Hawai‘i Pacific University Rideshare Website is an online system that provides a matching system that allows individuals to find and accept carpooling and/or vanpooling arrangements. Use of the system is voluntary and entirely at the discretion of participants.

THE WEBSITE IS OFFERED FREE OF CHARGE AND STRICTLY AS A CONVENIENCE AND SERVICE TO COMMUTERS SEEKING RIDE-MATCHING SERVICES. ALL POTENTIAL RIDESHARE USERS SHOULD EXERCISE CAUTION AND DISCRETION, AND GENERALLY TAKE WHATEVER STEPS HE OR SHE DEEMS NECESSARY TO ENSURE ONE'S PERSONAL SAFETY. USER ACCEPTS FULL PERSONAL RESPONSIBILITY FOR ANY RIDE THAT USER MAY ACCEPT OR PROVIDE THROUGH THIS SERVICE. HAWAI‘I PACIFIC UNIVERSITY RIDESHARE WEBSITE ACCEPTS NO RESPONSIBILITY FOR ACTIONS OF ANY INDIVIDUALS USING THE WEBSITE OR PROVIDING OR ACCEPTING RIDES THROUGH THIS SERVICE.

User must be at least 18 years of age to use this Website.

2. Safety and Interactions with Other Users
User acknowledges and agrees to the reasonableness of the following: no background checks, including criminal background checks, of drivers or participants, driver record checks or insurance checks are undertaken by Hawai‘i Pacific University( "HPU") and RideShark Corporation, the licensor and supplier of this Website. In addition, HPU does not make any assurances or certifications regarding the condition, suitability or safety of the vehicles being used by participants in the carpooling system, the reliability or driving ability of participants or drivers, or whether those participants and drivers are insured. HPU recommends that participants exercise caution when selecting a potential carpool partner.

By participating in the system, User agrees that they are entirely responsible for their own safety while using the carpooling system and will take reasonable precautions in all interactions with other users of the service.

3. Insurance Coverage
It is the responsibility of individuals participating in a carpool matching system to notify their insurance provider of their intent to carry non-family passengers and to ensure that they have adequate coverage to protect both themselves and their passengers. It is the responsibility of the individual accepting a ride in a carpool to ensure that the driver of the vehicle has an acceptable driving record, is licensed accordingly and has adequate insurance to protect both driver and passengers.

4. Privacy
Certain information about User’s use of the Website and personal information that you supply to HPU are subject to the Website Privacy Statement. HPU may use this information to contact User in relation to a rideshare User is or has been involved in or to assist the university, the police or other government authorities where HPU believes it is reasonably necessary to protect User’s safety or the safety of other people User has been ridesharing with where these rideshares have been organized directly or indirectly through the Website. For more information, please review our full Website Privacy Statement.

5. Reliance Upon Information and Password
To be a registered user of the Website ('Registered User') User must complete the registration process by providing HPU with current, complete and accurate information as prompted by the registration form ('Registration Data'). User agrees to maintain and update this Registration Data as required to keep it current, complete and accurate. When User registers User will be provided with a user ID and password. User must ensure that your password is kept secure and confidential and that it is not revealed to any person. User is entirely responsible for any and all activities that occur under or through the use of your password. User agrees that HPU can reasonably rely upon any use of User’s password, including for our disclosure of information relating to User’s Registration Data. User should notify HPU immediately if User becomes aware of any unauthorized use of User’s password or if User believes thier password is no longer secret and we will cease relying on that password. User releases HPU, its officials, officers, employees and agents from any claim and won't make any claim against HPU in respect of or arising from any reliance by HPU upon any use of User’s password, including HPU disclosing personal information relating to your Registration Data. User agrees to indemnify and hold HPU, its officers and employees harmless from any claims, actions, costs (including legal costs), or losses by HPU or any third party due to or arising out of reliance by HPU or any third party upon any acts carried out, requests made or information provided through the use of User’s password.

6. Registered User Conduct

User agrees that:
  1. User will not use their access to the Website, or any rideshare organized directly or indirectly through the Website, for any purpose that is unlawful or prohibited by the Terms of Use
  2. User will use their access to the Website solely to arrange rideshares for their own purpose and will not use the Website for any other purpose including arranging rideshares on behalf of any other person;
  3. User will not use the Website to directly or indirectly:
    1. defame, abuse, harass, stalk or threaten others;
    2. collect information about others, including email addresses, without their consent;
    3. create a false identity;
    4. transmit or upload any material that contains harmful or deleterious computer programs (including, without limitation, viruses, trojan horses, worms, time bombs or cancelbots);
    5. transmit or upload any computer programs or other material in breach of any intellectual property laws, rights of privacy or any other applicable laws;
    6. interfere with or disrupt networks connected to the Website or violate the regulations, policies or procedures of such networks;
    7. attempt to gain unauthorized access to the Website, other accounts, computer systems or networks connected to the Website, through password mining or any other means; and
    8. interfere with another member's use and enjoyment of the Website.
  4. User will comply with all relevant laws and regulations and is solely responsible for all acts or omissions that occur under User or through the use of User’s password.


7. Provision of Services
HPU may modify, suspend or discontinue any or all of the contents of the Website from time to time in our absolute discretion.

8. Termination
HPU may terminate User’s access to the Website at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever. If User wishes to terminate status as a Registered User of the Website User’s only recourse is to discontinue use of the Website and notify us that User has terminated membership. Upon termination, User’s right to use and access the Website immediately ceases.

9. Communications from HPU
User agrees that HPU may send email, newsletters and other forms of communications (whether or not in electronic form) to User from time to time.

10. Disclaimer of Warranties and Limitation of Liability
User understands and agrees that User’s use of Website and related services is at User’s own risk. HPU’s rideshare service is provided on an "as is" basis and “as available” basis without representations or warranties of any kind, whether express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are incapable of exclusion under law. HPU does not warrant that your use of the service will be secure, uninterrupted, always available, error-free or will meet your requirements, or that any defects in the services will be corrected. HPU disclaims liability for, and no warranty is made with respect to, the connectivity and availability of the services.

User hereby acknowledges and agrees that under no circumstances will HPU, its officers, directors, employees, agents and third party content providers or licensors be liable to User or any third party for any loss whatsoever caused by User’s use or reliance on information obtained through the content distributed by Website as well as any direct, indirect, incidental, special, punitive or consequential damages or injury arising out of the use or inability to use the Website service or out of the breach of any warranty, or caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to and/or alteration of the Website, no matter whether such claims are based in contract, tort, negligence, strict liability or any other cause of action, and regardless of whether HPU has been advised of the possibility of such damages.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HPU BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM USER.

11. Indemnification
User agrees to indemnify and hold harmless HPU, its officials, officers, employees and its agents from any claims, actions, costs (including legal costs), or losses by any third party due to or arising out of (a) User’s use of or inability to use Website or HPU service, (b) any user postings made by User, (c) User’s violation of any terms of this Agreement or your violation of any rights of a third party, or (d) User’s violation of any applicable laws, rules or regulations. User further agree to indemnify and hold harmless HPU, its officers, directors and employees, from any and all liability for personal injury, death, property damages and any other loss, and resulting claims (including legal costs) or actions, arising from User’s participation in or involvement in the HPU Rideshare program.

12. Copyright and Limited Reproduction Notices
The contents of the Website are the copyright of HPU and its licensees. No part of the Website may be distributed or copied for any commercial purpose and you are not permitted to incorporate the material or any part of it in any other work or publication (whether in hard copy, electronic or any other form). No part of the Website may be resold, published, copied, reproduced, transmitted or stored (including in any other website or other electronic form) except that you may print, or download to your hard drive, extracts from the Website only for your own use.

13. Amendment
HPU reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time. Such modifications shall be effective immediately upon posting. We will notify you of any changes by updating the "Last Updated" notice next to the link to these terms and conditions on the Website. By using this Website after we have posted notice of such modifications, alterations or updates you agree to be bound by such revised terms. These terms and conditions were last updated on August 10, 2012.

14. Linking
The contents of the Website may include links to third party materials ('linked sites'). HPU is not and will not be responsible for the contents of any linked site or liable for any direct or indirect loss or damage suffered by User from accessing, using, relying on or trading with third parties. These links are provided to User only as a convenience, and the inclusion of any link does not imply our endorsement of the site or any association with their operators. We reserve the right to prohibit links to the Website and User agrees to remove or cease any link upon our request. User may not frame any part of the Website material by including advertising or other revenue generating material.

15. Advertisers
Any dealings with any advertiser appearing on the Website are solely between User and the advertiser or other third party. We are not responsible or liable for any part of any such dealings or promotions.

16. Choice of Law
These Terms of Use are governed by and will be construed in accordance with the laws of the State of Hawaii.

17. Severability
If any portion of these Terms of Use are deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.

18. Contact
If you have any questions or concerns in relation to the Website or these Terms of Use, wish to report unauthorized use of your password or wish to terminate your registration please contact us.