TERMS OF USE

These Terms of Use ("Terms") govern the use of the services offered by dividetheride.com ("Services") web site (the "Site"). Please read the Terms before using the Site. Use of the Site constitutes an agreement to all Terms. If you object to anything in these Terms or the Site's Privacy Policy, do not use the Site or the Services. The Terms are subject to change at any time, effective upon posting on the Site, and your use of the Services after such posting will constitute acceptance by you of any and all such changes.

Eligibility

Our Services are available only to individuals who can form legally binding contracts under applicable law and who have a valid legal driver's license. Without limiting the foregoing, our Services are not available to minors under the age of eighteen (18).

You Are Responsible for Selecting and Qualifying Other Members of Your Carpool and for Ensuring Communication/Arrangements with Those Members

Dividetheride.com is a Site that assists users in communicating with other users to make carpooling arrangements. (collectively, "Users"). You are solely responsible for evaluating and selecting those Users with whom you will car- pool. Dividetheride.com does not conduct background checks, including but not limited to criminal background checks and/or DMV record checks, of other Users to ensure their appropriateness to provide car pooling services. While dividetheride.com provides a service that is intended to assist Users in making carpooling arrangements and confirming such arrangements, you are ultimately responsible for ensuring that all arrangements have been clearly communicated. If for any reason you feel that there is confusion over the arrangements that have been made and/or you are not certain that the other member(s) of your carpool have received alerts regarding the arrangements, you should contact those member(s) directly.

Standard Text Messaging Rates Apply

Dividetheride.com sends text messages to Users of the Site in connection with providing the Services. All standard text messaging rates apply and you, as a User of the Site, agree to be responsible for paying any and all of your cellular phone carrier's charges.

Disclaimer

A. Acts of Other Users

YOU HEREBY REPRESENT, UNDERSTAND AND EXPRESSLY AGREE THAT DIVIDETHERIDE.COM DOES NOT WARRANT OR HAVE CONTROL OVER THE INTEGRITY, RESPONSIBILITY, DRIVING ABILITY, CRIMINAL/PERSONAL HISTORY OR ANY OTHER ASPECT RELATING TO OTHER USERS, NOR DOES IT HAVE CONTROL OVER THE SAFETY, MAINTENANCE OR SUITABILITY OF A USER'S MOTOR VEHICLE. YOU HEREBY EXPRESSLY AGREE NOT TO HOLD DIVIDETHERDE.COM ITS PARENT, SUBSIDIARIES, OFFICERS, DIRECTORS, OWNERS, AGENTS, EMPLOYEES, SUCCESSORS, ASSIGNS, REPRESENTATIVES, SPONSORS OR ADVERTISERS (COLLECTIVELY REFERRED TO THROUGHOUT THE REMAINDER OF THIS AGREEMENT AS DIVIDETHERIDE.COM") LIABLE FOR ANY ACTS OR OMISSIONS OF OTHER USERS. Such acts or omissions might include but are not limited to theft or damage to belongings, failure to operate vehicle in safe manner and/or abide by motor vehicle laws, failure to use proper safety restraints, failure to carry proper car insurance, failure to appear at designated place and/or time for carpooling appointment, failure to communicate with carpool members, unscheduled substitution of drivers, inappropriate conduct, language, music or smoking in the vehicle, personal injury or death.

B. The Site

WHILE DIVIDETHERIDE.COM TAKES ALL STEPS TO ENSURE THE ONGOING TECHNICAL INTEGRITY OF THE SITE, DIVIDE THERIDE.COM DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE AT ALL TIMES. DIVIDETHERIDE.COM. DOES NOT WARRANT THAT THE SITE WILL ALWAYS BE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. DIVIDETHERIDE.COM SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OR INABILITY TO USE THE SITE.

DIVIDETHERIDE.COM DOES NOT MAKE ANY WARRANTY AS TO THE TIMELINESS, ACCURACY, COMPLETENESS OR RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SITE.

ALTHOUGH DIVIDETHERIDE.COM TAKES REASONABLE MEASURES TO ENSURE THAT THE INFORMATION PROVIDED BY USERS IS NOT ACCESSIBLE OR DISCLOSED TO ANYONE OTHER THAN THOSE INDIVIDUALS SPECIFIED BY USERS, DIVIDETHERIDE.COM CANNOT GUARANTEE THAT THE PERSONAL INFORMATION ENTERED BY USERS WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. USERS AGREE NOT TO HOLD DIVIDETHERIDE.COM LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH MISAPPROPRIATION, INTERCEPTION, DELETION, DESTRUCTION OR USE OF INFORMATION PROVIDED THROUGH THE SITE.

THE SITE IS PROVIDED "AS-IS" AND DIVIDETHERIDE.COM DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF USE. MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Indemnification

Dividetheride.com will not be held responsible and expressly disclaims any liability whatsoever for any claims and/or controversies that may arise between Users or that relate to or arise out of the acts or omissions of other Users. By using this Site, you do hereby represent, understand, and expressly agree to indemnify and hold dividetheride.com its parent, subsidiaries, officers, directors, owners, agents, employees, successors, assigns, representatives, sponsors or advertisers (collectively referred to as "Indemnitee") harmless to the greatest extent possible under applicable law from and against any and all judgments, fines, penalties, amounts paid in settlement and any other amounts reasonably incurred or suffered by Indemnitee in connection with any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative ("Claim"), to which dividetheride.com is, was or at any time becomes a party, or is threatened to be made a party, due to the alleged acts or omissions of another User. You further agree to pay any and all expenses reasonably incurred by Indemnitee in defending any Claim or Claims (including reasonable attorneys' fees and other reasonable costs of investigation and defense), as the same are incurred and in advance of the final disposition of any such Claim or Claims, upon receipt of an undertaking by or on behalf of Indemnitee to reimburse such amounts if it shall be ultimately determined that Indemnitee is not entitled to be indemnified by the User under this Agreement. Indemnitee shall not be entitled to indemnification or advancement of expenses: (a) if a court of competent jurisdiction, by final judgment or decree, shall determine that (i) the Claim or Claims in respect of which indemnity is sought arise from Indemnitee's fraudulent, dishonest or willful misconduct, or (ii) such indemnity is not permitted under applicable law. All agreements and obligations of the User under this paragraph do not terminate upon termination of this Ageement and shall continue for so long as Indemnitee shall be subject to any possible action, suit, proceeding or other assertion of a Claim or Claims.

By agreeing to the terms of this Agreement, you also agree to indemnify Indemnitee from and against any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred by Indemnitee in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content you submit, post or transmit through the Site, or (ii) use of the Site in violation of these Terms of Use or in violation of any applicable law. You further agree that you will cooperate as reasonably required in the defense of such claims.

Account Information

You hereby agree to be the sole, authorized User of your account. You are responsible for maintaining the confidentiality of any password and account number provided by you or dividetheride.com for accessing the Site, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify dividetheride.com of any unauthorized use of your password or account or any other breach of security. Should you authorize any third party to use your account, you hereby agree to supervise all usage thereof. Dividetheride.com has no control over the use of your account and expressly disclaims any liability derived therefrom.

Inappropriate Use of Site

You agree not to use the Site for the following purposes:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of other Users.
• Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information.
• Use the Site for any purpose which is in violation of local, state, national or international law.
• Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party.
• Upload files that contain viruses, corrupted files, or any other similar software or Services that may damage the operation of another's computer.
• Advertise or offer to sell any goods or services for any commercial purpose on the Site.
• Solicit or recruit other Users for any purpose other than for carpooling arrangements.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Impersonate another person or allow any other person or entity to use User's identification to post or view comments.
• Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
• Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Site.
• Restrict or inhibit any other User from using and enjoying the Site.

Suspension/Termination of Use

Dividetheride.com retains the right to suspend or terminate privileges to any User not adhering to policies of the Site and where, in its sole discretion, it would be in the best interest of dividetheride.com and other Users that use be suspended or terminated.

Links

Links from dividetheride.com to other sites on the Web are provided as an information service only. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. Dividetheride.com does not control such websites, and is not responsible for their content. Users further acknowledge that use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use for those websites, and not by dividetheride.com's Terms of Use and Privacy Policy. All users do hereby agree to hold dividetheride.com harmless from any liability that may result from the use of links that may appear on the Site.

Information Provided by Users

Users are responsible for providing accurate, timely and complete information to us in connection with their registration for and use of the Site. Dividetheride.com is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided to us. "Your Information" is defined as any information you provide to us or other users, through the Site. You are solely responsible for your Information, and we act as a passive conduit for your online distribution and publication of Your Information. With respect to your Information: your Information (or any items or contents listed therein): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene or contain child pornography or, if otherwise adult in nature and harmful to minors; (g) shall not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other partners or suppliers. Solely to enable dividetheride.com to use the information you supply us with, so we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity rights, and any other rights you have in your Information, in any media now known or not currently known. Dividetheride.com will only use your Information in accordance with our Privacy Policy.

Intellectual Property Rights

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively "Proprietary Material") that Users see or read on the Site is owned by dividetheride.com or is used with permission. This Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Dividetheride.com owns all Proprietary Material as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials. Users may not copy, download, use redesign, reconfigure, or retransmit anything from the dividetheride.com Site without dividetheride.com's prior express written permission. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of dividetheride.com and/or the relevant right holder.

Privacy

Dividetheride.com's Privacy Policy located on its Site as modified by from time to time shall govern any disclosure or use of User's personal information. By using this Site, you do hereby represent, understand and agree that you have reviewed and agree to those terms.

Modifications to the Site

Dividetheride.com reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Site or any content or information on the Site with or without notice to the User. You agree that dividetheride.com shall not be liable to User or any third party for any modification or discontinuance of the Site.

Miscellaneous

Failure by dividetheride.com to enforce any provision(s) of these Terms shall not be construed as a waiver of any provision or right.

These Terms, and all other aspects of use of the Site, shall be governed by and construed in accordance with the laws of the State of Connecticut, without regard to its conflict of laws rules. All claims and disputes arising out of these Terms or use of the Site shall be exclusively brought in the federal, state or local courts located in Hartford, Connecticut; and, with regard to such claims and disputes, Users hereby irrevocably (i) submit to the exercise of personal jurisdiction over them by these courts, and (ii) waive any jurisdictional, venue or inconvenient forum objections to such courts.

These Terms of Use constitute the entire agreement between Users and dividetheride.com with respect to the Site and Users have not relied on any promises or representations made by divdetheride.com, its agents or employees except as set forth herein.

If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use shall remain in full force and effect.

These Terms of Use inure to the benefit of dividetheride.com, its successors and assigns.