TERMS AND CONDITIONS OF MEMBERSHIP IN CAROLINACOMMUTER.COM sm

1. Definitions

In these terms and conditions the following words have the following meanings:

"we, us, our:" CAROLINACOMMUTER.COM.com sm":

"CAROLINA COMMUTER SOLUTIONS" : a S. C. nonprofit corporation d/b/a CAROLINACOMMUTER.COM.com sm":

"you, your":
an individual, organization, or government agency that has become a member of CAROLINACOMMUTER.COM. sm

"organization member":
an organization or government agency that has become a member of CAROLINACOMMUTER.COM. sm for the purposes of arranging ride sharing for its employees or members

"Guidelines":
the guidelines we may publish from time to time regarding your use of the Service

"Membership Fee":
the annual fee payable by organization members to us to make the service available to its employees or members for accessing the Service

"Service":
the ride share arranging service provided by us, details of which are set out in the Website

"Website":
the website operated by CAROLINA COMMUTER SOLUTIONS at WWW.CAROLINACOMMUTER.COM sm

2. General

These terms and conditions are the only conditions under which we are willing to provide the Service to you. These conditions can only be modified as set out in these conditions or by a variation in writing signed by a director of CAROLINACOMMUTER.COM

We will from time to time publish Guidelines on the use of the Service, which we will make available to you. The Guidelines are in addition to and are deemed to form part of these terms and conditions.

We reserve the right to vary or amend these terms and conditions at any time. We will give you notice of any such variation by posting an updated version of these terms and conditions on the Website. You are responsible for regularly reviewing the terms and conditions. Continued use of the Service after such changes shall constitute your consent to such changes.

These terms and conditions (including any documents referred to within them) contain all the terms on which we provide the Service to you. They supersede any prior promises, representations (except fraudulent misrepresentations), undertakings or implications made.

Where you are an individual member, nothing in these terms and conditions shall detract from your statutory rights.

3. Your Membership Account

Access to the Service is provided to you as an individual member free of charge (we would welcome your donation) or as an employee or member of an organization member.

You must apply for membership by using the application form on the website. We reserve the right to decline applications for membership in our absolute discretion and without any obligation to give reasons. You will only become a member when your membership is confirmed by the system.

Your access to the Service is by user name and user password. Your user password is secret and personal to you and must not be disclosed to any third party in any circumstances. You must take all precautions to prevent it from being used by anyone else including:

never writing down your user password in any way that someone else could easily understand;

never telling someone else your user password

writing to us immediately if you know or suspect that someone else knows your user password, so we can issue a new user password to you

Where you are a an organization member, an organization ID will enable your employees or members to become members of CAROLINACOMMUTER.COM. This organization ID must only be issued to your employees or other members of your organization and you are responsible for ensuring that it is not disclosed to third parties.

Individual membership is only open to persons over the age of 18.

By accessing the website of CAROLINACOMMUTER.COM and becoming a member you represent and warrant that you

are authorized to sign for and bind the contracting party

agree to be bound by all of the terms and conditions of this agreement including limitations and disclaimers of liability set out below

Your account may not be transferred or shared with any other party, temporarily or permanently

You are entirely responsible for all use of your account and for the confidentiality of your password and for any and all statements made and activities that occur through your account.

You agree to notify us immediately of any unauthorized use of your account. To protect your privacy, we will suspend access or change access to your account immediately upon notification by you that your password has been lost stolen or otherwise compromised.

4. Membership Fees

If you are an organization member, the membership fee applicable to you is as notified by us to you, and is calculated with reference to the size of your organization. We will invoice you for organization membership fees.

If membership fees are not paid on the due date then we reserve the right to suspend your access to the service until your fees due are paid in full.

5. Termination

You can terminate your membership of CAROLINACOMMUTER.COM at any time by giving us notice in writing. You will not be entitled to any refund of the membership fee paid by you.

We can terminate your membership of CAROLINACOMMUTER.COM at any time on giving notice to you if:

you commit a breach of these terms and conditions

you are an organization member and you enter into a voluntary arrangement with your creditors, become subject to an administration order, have a petition presented or an order made for you winding-up, have a receiver appointed over all or any part of your undertaking or assets, go into liquidation or cease or threaten to cease to trade.

you are an organization member and fail to pay the membership fee when due

any information you have provided is found to be inaccurate or its authenticity cannot be verified

Your account has been inactive, which is defined as failing to log on to the Service for an extended period of time as determined by CAROLINACOMMUTER.COM

In the event of termination, you will remain obligated not to violate the rights of any person or entity with respect to any materials you may have received or downloaded via the website

We reserve the right to terminate your membership at any time and for any reason on giving not less than 30 days notice to you. If we terminate your membership under this clause we will refund your Membership Fee.

6. Personal Information

We will request certain personal information from you (or if you are an organization member, from your employees or members) in order to provide the Service to you. You are responsible for the accuracy and truthfulness of such information and you warrant and undertake to us that all such information is true and correct.

We will use your personal information only for the purposes of providing the service to you. You agree that we may disclose details of your name, e-mail address and basic journey details to other members of CAROLINACOMMUTER.COM for the purpose of arranging car sharing. We will treat your personal information as confidential and we will not disclose it to any third party except with your prior agreement or as required by law. We are registered under the Data Protection Act 1998 and your data will be processed subject to that Act.

We reserve the right to request supporting documentation to verify personal information in our absolute discretion.

You must notify us immediately of any change in your personal details.

7. The Service

We will do our best to provide a quality service to you. However we cannot guarantee to find a suitable ride share for any member or for any particular journey.

Where we provide you with details of a ride share it is your responsibility to decide whether or not to proceed with the ride share. This arrangement is between you and the other member and except as expressly set out in these terms and conditions or any Guidelines we have no control over the terms of that arrangement.

We do not verify details provided by members. Membership in CAROLINACOMMUTER.COM does not imply any approval or reference by us of the member's character and CAROLINACOMMUTER.COM makes no representations whatsoever regarding its members, including, but not limited to a user's personal character, behavioral and personality traits, competency as a motor vehicle operator and physical and mental health and well-being.

We recommend that where a ride share is arranged, the passenger pays to the driver a mileage rate in an amount to be arranged by you. This arrangement is between the members involved in the car share and we do not accept any responsibility for the payment of or failure to pay the mileage rate.

8. Motor Insurance

You are responsible for taking out and maintaining with a reputable insurer adequate insurance for your motor vehicle.

It is your responsibility to check with your insurance company or broker (or any other person, firm or company with an interest in your motor insurance) whether the terms of your motor insurance policy permit ride sharing.

We do not accept any liability for any losses incurred by you resulting from or in connection with your motor insurance

9. Our Liability

CAROLINACOMMUTER.COM is a matching service-it provides commuter transportation information to users. You agree that we will not be liable for any problems or loss whatsoever that you may experience as a result of any contacts that you may find on this site or through use of this site. We do not certify or endorse the character of ridesharing participants, the accuracy of information provided by users, or the safety, skill, or competence of drivers. It is your responsibility to ensure that you properly screen any potential contacts before you take up an offer
.
Upon receipt of a commuter profile, your address and information will be entered in the ride share database for the purpose of matching with other commuters. An email address or phone number, or both, will be given to other members matching your profile so they can contact you about commuting together. Your information will not be sold, rented, shared, traded, or given away to others for mailing list purposes.
The company makes no guarantee that it will match riders and drivers. The company is held blameless for the conduct, character or ability of database participants.

NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO CAROLINACOMMUTER.COM OR ANY INFORMATION OR SOFTWARE THEREIN. WE DO NOT WARRANT THAT THE SERVICES AND/OR ANY GRAPHICS CONTENT OR OTHER CONTENT YOU MAY DOWNLOAD FROM THIS SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, TIMELY, OR ERROR FREE.

We do not accept liability for any loss or damage arising from the acts or defaults of any member of CAROLINACOMMUTER.COM, the invalidity of your or any other member's motor insurance policy, the roadworthiness or otherwise of any member's motor vehicle.
We will not be liable if we are unable to perform our obligations under these terms and conditions due to the failure of any machine, data processing system or transmission link or to any circumstances beyond our control (including but not limited to strike, industrial action, war, fire, act of God or prohibition or enactment of any kind).

Except as set out in these terms and conditions, all conditions and warranties, express or implied, as to the provision of the Service by us are expressly excluded to the fullest extent permitted by law.

Except as set out in these terms and conditions, we shall not in any circumstances be liable in contract, tort, statute or otherwise for any direct, indirect or consequential loss or for increased costs or expenses, or loss of profit, business, contracts, revenues or savings howsoever arising which may be suffered by you.

If we are found liable to you our liability shall not exceed the total membership fee paid by you to us.

You agree that given the nature of the Service, the exclusions and limitations of our liability are reasonable.

10. Copyright and trademarks

All material on this Website is the copyright material of CAROLINACOMMUTER.COMsm. All rights are reserved. The copying or adaptation of the material on this Website or its incorporation into any other work by any means is prohibited, except that you may print or download extracts of such material for your personal use. You are not granted any other rights in respect of copyrighted material.

All trade marks, service marks and trading names on this Website are the property of CAROLINACOMMUTER.COMsm (or its licensor) and may not be used, reproduced, published, uploaded, posted, transmitted, modified or transmitted in any way (other than for viewing the Website or using the Service) except with our prior written consent.

11. Law

These terms and conditions are subject to South Carolina law and you and we submit to the exclusive jurisdiction of the South Carolina courts.

12. Rules of Online Behavior

You agree to the following terms and conditions:

You are prohibited from posting, publishing, distributing, uploading, downloading, disseminating, transmitting or linking to other Web sites that contain material which

Is unlawful, defamatory, fraudulent, libelous, threatening, abusive, disruptive, sexually explicit, bigoted, harassing or obscene material; would violate the privacy, publicity, proprietary or other rights of any person or entity;

Constitutes or promotes a criminal offence, or otherwise violate any local, state, national, or international law.

Contains corrupted files, viruses, Trojan horses, worms, time bombs or any other harmful contaminating, or destructive features.

Contains contests, pyramid schemes, chain letters, junk mail, spamming or flaming;

Advertises, promotes, markets, or solicits orders for or offers to buy, sell, lease or license products, goods and services.
Use of CAROLINACOMMUTER.COM for advertising or promotion of a commercial product or service without the express, written consent of CAROLINACOMMUTER.COM is prohibited.
You are prohibited from uploading or reproducing any information protected by copyright without obtaining permission of the copyright owner. Only public domain files, and files in which the author has given You express consent to copy and redistribute online or otherwise, may be uploaded to CAROLINACOMMUTER.COM, including any software files or libraries.

You are prohibited from harvesting, aggregating, mining, copying or otherwise collecting information about others, including but not limited to names, email addresses, passwords, usage information without their consent.

You are prohibited from stalking or harassing others. You are further
prohibited from creating a user id to creating a false identity for the purpose of misleading others of your identity or to impersonate another person.

You may not attempt to gain unauthorized access to, tamper with, modify, or hack the Service.

Information and materials which you find published on CAROLINACOMMUTER.COM may be the property of CAROLINACOMMUTER.COM or an Information Provider, and may be protected by copyright or may contain protected trademarks. You may not copy, redistribute or commercially exploit such materials without the express written permission of the owner(s) of such information or materials.

You may not violate any applicable law or regulation of any relevant jurisdiction

13. Member Representations, Warranties and Acknowledgement

You warrant that all material that You submit for publication or posting on CAROLINACOMMUTER.COM will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene or libelous. You grant CAROLINACOMMUTER.COM a non-exclusive, irrevocable, right to copy, display, sublicense, transmit, and create derivative works to, the information or materials You have published or posted on, or distributed through the Service. CAROLINACOMMUTER.COM reserves the right, in its sole discretion, but is under no obligation, to refuse to post, delete or edit information that You submit or enter onto CAROLINACOMMUTER.COM.

You agree that you will not hold, nor seek to hold, CAROLINACOMMUTER.COM liable for the loss of data or the misappropriation or infringement of any intellectual property right (including but limited to any copyright or moral right) to which You claim ownership.

You acknowledge and agree that neither CAROLINACOMMUTER.COM nor its third party service providers endorse the content of any member and is not responsible or liable for any content, even though it could be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that it infringes or may infringe the intellectual property or other rights of another. You acknowledge that CAROLINACOMMUTER.COM and its third party service providers do not pre-screen content, but that CAROLINACOMMUTER.COM and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any content that is publicly available via the Service.

CAROLINACOMMUTER.COM does not control the content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Service, You may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will CAROLINACOMMUTER.COM be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the Service.

Any links included within the Service may permit You to leave the CAROLINACOMMUTER.COM web site. You acknowledge that these linked sites are not under the control of CAROLINACOMMUTER.COM and CAROLINACOMMUTER.COM shall not be responsible for the contents of any linked site or any link contained in a linked site. All such sites shall be subject to the policies and procedures of the owner of such site CAROLINACOMMUTER.COM is not responsible and shall have no liability for webcasting, or any other form of transmission received from any linked site.

If ordering merchandise and/or services from anyone other than CAROLINACOMMUTER.COM, through any commercial service accessible via CAROLINACOMMUTER.COM, all transaction terms including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance, and delivery, are solely between You and the seller of the merchandise or services. You are solely responsible for fulfilling any contractual/e-commerce or other obligations You assume using the Service. CAROLINACOMMUTER.COM makes no warranties or representations whatsoever with regard to any goods or services provided by the seller of the merchandise or services and shall not be liable for the costs or damages arising, either directly or indirectly, from the products or services or from the actions or inactions of the Seller.

You acknowledge that CAROLINACOMMUTER.COM does not represent or warrant the Service will be uninterrupted or error-free, that defects will be corrected.

You acknowledge and agree that CAROLINACOMMUTER.COM shall retain all title, copyright and other proprietary rights in its software and all aspects of the Service. You shall not acquire any rights, express or implied, in the Service, other than those specified in this Agreement.

14. INDEMNIFICATION.

You agree to indemnify and hold CAROLINACOMMUTER.COM, its parents, subsidiaries, officers and employees, harmless from any claims and expenses, including reasonable attorney's fees, related to (i) Your use of the Service, including any content provided under Your account; (ii) any breach of Agreement, including any abusive or unlawful behavior on the part of You or Your dependents; or (iii) breach of any warranty or representation

15. Entire Agreement Clause

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

CAROLINACOMMUTER.COM's failure to act with respect to a breach by you does not waive CAROLINACOMMUTER.COM's right to act with respect to subsequent or similar breaches.
This Agreement shall inure to the benefit of and be binding upon each party's successors and assigns.

Any notice required or permitted to be given to You under this Agreement shall be delivered by electronic mail the email address provided by You during registration.

This Agreement constitutes the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.