Last Updated on August 20, 2014
THIS FOLLOWING USER AGREEMENT DESCRIBES THE TERMS AND CONDITIONS ON WHICH CAMPUSCRUIZER, INC. OFFERS YOU ACCESS TO THE CAMPUSCRUIZER PLATFORM.
Welcome to the user agreement (the "Agreement" or "User Agreement" or "Terms of Service") for CampusCruizer (the “CampusCruizer Platform”), an application owned and operated by CampusCruizer, LLC, a North Carolina corporation. This Agreement is a legally binding agreement made between you ("You," "Your," or "Yourself") and CampusCruizer, LLC. ("Campus Cruizer", "CampusCruizer", "We", "Us" or "Our").
CampusCruizer is willing to license, not sell, the CampusCruizer Platform to You only upon the condition that You accept all the terms contained in this Agreement. By signing up with or by using the CampusCruizer Platform, You indicate that You understand this Agreement and accept all of its terms. If You do not accept all the terms of this Agreement, then CampusCruizer is unwilling to license the CampusCruizer Platform to You.
This Agreement is entered into between You and CampusCruizer. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the CampusCruizer Platform. CampusCruizer, not Apple, is solely responsible for the CampusCruizer Platform and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon Your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third party beneficiary thereof. This Agreement incorporates by reference the Licensed Application End User License Agreement published by Apple, for purposes of which, You are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
The CampusCruizer Platform provides a means to enable persons who seek transportation to certain destinations ("Boozers", "Rider") to be matched with persons driving to or through those destinations ("Cruizers", "Driver"). For purposes of this Agreement these services shall collectively be defined as the "Services". This Agreement describes the terms and conditions that will govern Your use of and participation in the CampusCruizer Platform.
Please read this Agreement carefully before using the Services. You must read, agree with and accept all of the terms and conditions contained in this Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before You use any of the Services. By using any of the Services, You become a Participant in CampusCruizer and a User of Services available on the CampusCruizer Platform ("Participant" or "User") and You agree to be bound by the terms and conditions of this Agreement with respect to such Services.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT USE OR ACCESS CAMPUSCRUIZER OR REGISTER FOR THE SERVICES PROVIDED ON CAMPUSCRUIZER. CampusCruizer reserves the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website and update the “Last Updated” date to reflect the date of the changes. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.
CAMPUSCRUIZER DOES NOT PROVIDE TRANSPORTATION SERVICES, AND CAMPUSCRUIZER IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE CRUIZER OR VEHICLE OPERATOR TO DECIDE WHETHER OR NOT TO OFFER A RIDE TO A BOOZER CONTACTED THROUGH THE CAMPUSCRUIZER PLATFORM, AND IT IS UP THE BOOZER TO DECIDE WHETHER OR NOT TO ACCEPT A RIDE FROM ANY CRUIZER CONTACTED THROUGH THE CAMPUSCRUIZER PLATFORM. ANY DECISION BY A USER TO OFFER OR ACCEPT TRANSPORTATION ONCE SUCH USER IS MATCHED THROUGH THE CAMPUSCRUIZER PLATFORM IS A DECISION MADE IN SUCH USER’S SOLE DISCRETION. CAMPUSCRUIZER OFFERS INFORMATION AND A METHOD TO CONNECT CRUIZERS AND BOOZERS 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 BOOZER BY ANY CRUIZER USING THE CAMPUSCRUIZER PLATFORM.
Our Services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, Our Services are not available to children (persons under the age of 18) or to temporarily or indefinitely terminated Participants. By becoming a Participant, You represent and warrant that You are at least 18 years old. By using the CampusCruizer Platform or the Services, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement.
You are the sole authorized user of Your account. You are responsible for maintaining the confidentiality of any password provided by You or CampusCruizer for accessing the Services. You are solely and fully responsible for all activities that occur under Your password or account. CampusCruizer has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should You suspect that any unauthorized party may be using Your password or account or You suspect any other breach of security, You will contact Us immediately.
This Agreement is effective upon use of the CampusCruizer Platform or the Services for new Users and upon the posting dates of any subsequent amendments to this Agreement for all current Users. You may terminate Your participation in the Services at any time, for any reason upon receipt by Us of Your written or email notice of termination. Either You or We may terminate Your participation in the CampusCruizer Platform by removing Your Information at any time, for any or no reason, without explanation, effective upon sending written or email notice to the other party. Upon such termination, We will remove all of Your information from Our servers, though We may retain an archived copy of records We have about You as required by law or for legitimate business purposes. We maintain sole discretion to bar Your use of the Services in the future, for any or no reason. Even after Your participation in the CampusCruizer Platform is terminated, this Agreement will remain in effect.
Your Information is any information You provide, publish or display ("post") to the CampusCruizer Platform or send to other Users in the registration or in any public message area (including, but not limited to the feedback section) or through any email feature ("Your Information"). Your Information will be stored on computers. You consent to Us using Your Information to create a User account that will allow You to participate in the Services. You are solely responsible for Your Information and Your interactions with other people in the public, and We act only as a passive conduit for Your online posting of Your Information. When You use the CampusCruizer Platform, You agree to provide accurate, current and complete information as prompted by Our registration form and to maintain and timely update Your Information to keep it accurate, current and complete at all times during the Term of the Agreement. You agree that We and other people of the public may rely on Your Information as accurate, current and complete. You acknowledge that if Your Information is untrue, inaccurate, not current or incomplete in any respect, We have the right to terminate this Agreement and Your use of the Services.
By accepting this Agreement, a Cruizer agrees that We may obtain information about the Cruizer, including without limitation the Cruizer’s driving record, references and credit information. A Cruizer hereby authorizes Us to perform a background check on Cruizer, and further agrees to provide any necessary authorization to facilitate Our access to the Cruizer’s official driving record, references and credit information during the term of the Agreement.
As part of the functionality of the CampusCruizer Platform, You may be able to login through online accounts You may have with third party service providers (each such account, a “Third Party Account”) by either:
You represent that You are entitled to disclose Your Third Party Account login information to CampusCruizer and/or grant CampusCruizer access to Your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by You of any of the terms and conditions that govern Your use of the applicable Third Party Account and without obligating CampusCruizer to pay any fees or making CampusCruizer subject to any usage limitations imposed by such third party service providers. By granting CampusCruizer access to any Third Party Accounts, You understand that
Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be Your Information and Your Content for purposes of this Agreement. Depending on the Third Party Accounts You choose and subject to the privacy settings that You have set in such Third Party Accounts, personally identifiable information that You post to Your Third Party Accounts may be available on and through the CampusCruizer Platform. Please note that if a Third Party Account or associated service becomes unavailable or the CampusCruizer Platform’s access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the CampusCruizer Platform. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. CampusCruizer makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and CampusCruizer is not responsible for any SNS Content.
By using the Service, a Cruizer represents, warrants and agrees that:
You agree that You will use the Services in a manner consistent with any and all applicable laws and regulations. We reserve the right, but are not obligated to investigate and terminate Your participation in the CampusCruizer Platform if You have misused the CampusCruizer Platform or the Services, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal.
With respect to Your participation on the CampusCruizer Platform or through the Services, You agree that You will not:
You further agree that Your Information and Your interactions on the CampusCruizer Platform shall not:
CampusCruizer owns and retains ownership in the CampusCruizer Platform, and all intellectual property therein. Contingent upon Your compliance with the terms and conditions of this Agreement, CampusCruizer hereby grants to You a limited, non-transferable, non-exclusive, non-assignable, revocable license to use the CampusCruizer Platform on any iPhone or iPod touch that You own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the "Usage Rules"). This license does not allow You to use the CampusCruizer Platform on any iPod touch or iPhone that You do not own or control, and You may not distribute or make the CampusCruizer Platform available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the CampusCruizer Platform. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the CampusCruizer Platform, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of the rights of CampusCruizer and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by CampusCruizer that replace and/or supplement the CampusCruizer Platform, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the Services and neither do We adopt nor endorse nor are We responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than Us. Under no circumstances will We be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the Services, or transmitted to participants. We reserve the right, but We have no obligation, to monitor the materials posted in the public areas of the Services. Notwithstanding this right, You remain solely responsible for the content of the photos, profiles (including Your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content (the "Content") that You post in the public areas of the Services and in Your private e-mail messages. We shall have the right to remove any such material that in Our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. E-mails sent between You and other participants that are not readily accessible to the general public will be treated by Us as private to the extent required by applicable law.
The CampusCruizer Platform contains (or You may be sent through the CampusCruizer Platform or the Services) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Us, and We are not responsible for any Third Party Sites accessed through the CampusCruizer Platform or any Third Party Applications, Software or Content posted on, available through or installed from the CampusCruizer Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by Us. If You decide to leave the CampusCruizer Platform and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, You do so at Your own risk and You should be aware that Our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any web site to which You navigate from the CampusCruizer Platform or relating to any applications You use or install from the CampusCruizer Platform.
We, Our subsidiaries, officers, directors, employees and our suppliers provide the CampusCruizer Platform and the Services on an "as is" basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the CampusCruizer Platform and/or the Services. We, Our subsidiaries, officers, directors, employees and Our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You. This warranty gives You specific legal rights and You may also have other legal rights that vary from state to state. We do not warrant that Your use of the Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet Your requirements, that any defects in the Services will be corrected, or that the Services are free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability. We cannot guarantee that each User is at least the required minimum age, nor do We accept responsibility or liability for any content, communication or other use or access of the CampusCruizer Platform or the Services by persons under the age of 18 in violation of this Agreement. We are not responsible or liable in any manner for any Content posted on the CampusCruizer Platform or in connection with the Service, whether posted or caused by Users of the CampusCruizer Platform, by CampusCruizer, by third parties or by any of the equipment or programming associated with or utilized in the CampusCruizer Platform or the Services. Although We provide rules for User conduct and postings, We do not control and are not responsible for what Users post, transmit or share on the CampusCruizer Platform and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content You may encounter on the CampusCruizer Platform or in connection with any Content. CampusCruizer is not responsible for the conduct, whether online or offline, of any user of the CampusCruizer Platform or Services. It also is possible for others to obtain personal information about You due to Your use of the CampusCruizer Platform or the Services, and that the recipient may use such information to harass or injure You. We are not responsible for the use of any personal information that You disclose on the CampusCruizer Platform or through the Services.
You are solely responsible for Your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between You and other Users. Please carefully select the type of information that You post on the CampusCruizer Platform or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Participants or Users (including unauthorized users, or "hackers"). CampusCruizer only offers a venue that enables Cruizers and Boozers to match with each other. CampusCruizer does not offer transportation services and CampusCruizer is not a transportation company. We are not involved in the actual transportation provided by Cruizers to Boozers. As a result, We have no control over the quality or safety of the transportation that occurs as a result of the Service; nor do We have any control over the truth or accuracy of the of Participants' information listed on the CampusCruizer Platform. We cannot ensure that a Cruizer or Boozer is who he or she claims to be or that a Cruizer or Boozer will actually complete an arranged service. We reserve the right to change any and all Content, software and other items used or contained in the CampusCruizer Platform and the Services at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by CampusCruizer or the CampusCruizer Platform.
The CampusCruizer Platform and the Services may be temporarily unavailable from time to time for maintenance or other reasons. CampusCruizer assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. CampusCruizer is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet, on the CampusCruizer Platform, on any web site or any combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Services.
IN NO EVENT WILL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS, BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY OUR SERVICES, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH CAMPUSCRUIZER, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT SCREEN THE PARTICIPANTS USING THE SERVICES IN ANY WAY. AS A RESULT, WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF CAMPUSCRUIZER OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, TO DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER PARTICIPANTS OF CAMPUSCRUIZER OR THE SERVICES, OR INTRODUCED TO YOU VIA CAMPUSCRUIZER OR THE SERVICES. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY, DEATH AND OR EMOTIONAL DISTRESS AND DISCOMFORT. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
CAMPUSCRUIZER HAS NO RESPONSIBILITY WHATSOEVER FOR THE ACTIONS OR CONDUCT OF CRUIZERS OR BOOZERS. CAMPUSCRUIZER HAS NO OBLIGATION TO INTERVENE IN OR BE INVOLVED IN ANY WAY IN DISPUTES THAT MAY ARISE BETWEEN CRUIZERS, BOOZERS, OR THIRD PARTIES. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING PROVIDING OR ACCEPTING TRANSPORTATION REST SOLELY WITH YOU. IT IS EACH BOOZER AND CRUIZER’S RESPONSIBILITY TO TAKE REASONABLE PRECAUTIONS IN ALL ACTIONS AND INTERACTIONS WITH ANY PARTY THEY MAY INTERACT WITH THROUGH USE OF THE SERVICES. CAMPUSCRUIZER MAY BUT HAS NO RESPONSIBILITY TO SCREEN OR OTHERWISE EVALUATE POTENTIAL BOOZERS OR USERS. USERS UNDERSTAND AND ACCEPT THAT CAMPUSCRUIZER HAS NO CONTROL OVER THE IDENTITY OR ACTIONS OF THE BOOZERS AND CRUIZERS, AND CAMPUSCRUIZER REQUESTS THAT USERS EXERCISE CAUTION AND GOOD JUDGMENT WHEN USING THE SERVICES. CRUIZERS AND BOOZERS USE THE SERVICES AT THEIR OWN RISK.
Except as explicitly stated otherwise, any notices to CampusCruizer shall be given by email, and any notices to You shall be provided to You through the CampusCruizer Platform or given to You via the email address You provide to CampusCruizer during the registration process. In such case, notice shall be deemed given 3 days after the date that the email was sent. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, We may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to CampusCruizer during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
To resolve a complaint regarding the Service, You should first contact Our Customer Service Department by email at email@example.com.
In the event that You have a dispute with one or more Users, You agree to release CampusCruizer (and Our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or to Your use of the CampusCruizer Platform or the Services.
If You have any questions about this privacy statement, the practices of CampusCruizer, or Your dealings with CampusCruizer, You may contact Us at firstname.lastname@example.org.