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myCommuteSolutions.com WEBSITE TERMS AND CONDITIONS OF USE

Introduction
The Commute Solutions RideShare program is designed to help commuters in the Central Texas region reduce automobile dependency and emissions by providing carpool and vanpool matches, biking and pedestrian information, and public transportation options. The program uses the RideShark technology developed by RideShark Corporation to match riders with rides using a variety of transportation options through a website. The program is cosponsored by the Capital Area Metropolitan Planning Organization

You must accept this User Agreement, by clicking "I Accept" at the bottom, to participate in the ridesharing program, and once accepted the Agreement becomes a legally binding contract between you and CSRS.

Ownership of Commute Solutions RideSharing Program
The ridesharing website and software programs are owned and copyrighted by RideShark Corporation and are licensed for use by CS under the service mark RideShark. RideShark Corporation owns all materials on the CSRS website (including the organization and layout of the site), and you agree not to reproduce, distribute, or transmit any of the copyrighted materials without the prior written permission of the copyright owner.

Eligibility to Participate in the Commute Solutions RideShare Program
You must be 18 or older to participate in the program, and by registering on the website you warrant that you meet this age requirement and that you have legal power to contract.

You warrant that your participation in the program is for your sole, personal use. You agree not to authorize others to access your account on the Commute Solutions RideShare website, and not to assign or otherwise transfer your account to another.

Use of the Commute Solutions RideShare website and ridesharing program is free.

Participation in the Commute Solutions RideShare Program
You agree that your participation in and use of the Commute Solutions RideSharing website and program is at your sole risk. You accept the program "as is" and "as available," and you accept CSRS's disclaimer of all warranties of any kind for the website and program, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, and noninfringement.

You agree that any material you download or otherwise obtain from the website is downloaded or obtained at your discretion and that you will be solely responsible for any damage to or destruction of your computer system or loss of data resulting from the material.

You agree to use the Commute Solutions RideShare website and program solely for lawful purposes in accordance with the terms of this Agreement.

You agree not to use any computer code, data mining software, "robot," "bot," "spider," "scraper," or other automatic device, program, algorithm, or similar methodology, or any manual process, to monitor or copy any of the website pages, data, or other content on the website or linked through the website.

Website Information
To use the website, you must supply certain personal information to enable the ridesharing features. You are solely responsible for the accuracy and completeness of the information, which you warrant; for maintaining the confidentiality of your password; and for restricting access to your computer.

CSRS does not verify or guarantee the accuracy or completeness of the information you or the other participants provide when they register on the website, and CSRS does not control the information provided by you or the other participants that is made available on the website. You may find other participant's information to be offensive, harmful, inaccurate, or deceptive, and you agree to assume the risk of dealing with unlicensed or uninsured/underinsured drivers, underage persons, persons acting under false pretenses, or otherwise dangerous persons. You are encouraged to report instances of false or misleading information on the website to CSRS

Your Account
CSRS will not share the information in your account with outsiders, except as required by law, and CSRS agrees to use all reasonable means to protect the privacy of information in your account. Some of your information is used to match you with potential rideshare partners, however, so CSRS must disclose it to them for this purpose and you agree to this disclosure. You also agree to CSRS's use of your information for statistical research into ridesharer demographics and behavior.

CSRS reserves the right to delete your website account without prior notice if CSRS determines in its sole discretion that information in your account is false, inaccurate, incomplete, or inappropriate, or that your account activity is harmful or illegal.

If your account has been inactive for a certain period of time, CSRS will e-mail you directing that you reactivate your account within a specified period. If your account is not reactivated within the specified period, CSRS will delete your account.

Confidential Information
Except as required by law, you agree not to disclose Confidential Information to anyone other than CSRS and participants in the Commute Solutions RideShare program. You also agree to use all reasonable means to safeguard Confidential Information. "Confidential Information" means information (1) that is obtained from password-protected portions of the CSRS website; (2) that is marked "Confidential," "Restricted," or "Proprietary;" or (3) that you know or should reasonably know is confidential.

No Liability
CSRS, THEIR GOVERNING BODY MEMBERS, OFFICERS, EMPLOYEES, AND AGENTS ARE NOT LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING PROPERTY DAMAGE OR DESTRUCTION, EMOTIONAL DISTRESS, BODILY INJURY, OR DEATH, RESULTING FROM:
  1. MISUSE OF YOUR INFORMATION ON THE CSRS WEBSITE; DOWNLOADING OR OTHERWISE OBTAINING INFORMATION FROM THE WEBSITE; THE FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE WEBSITE; SERVICE INTERRUPTIONS; OR THE COST OF PROCURING SUBSTITUTE SERVICES;
  2. COMMUNICATING, MEETING, OR RIDING WITH OTHER PARTICIPANTS IN THE PROGRAM; OR
  3. OTHER USE OF THE CSRS WEBSITE, CSRS SERVICES, OR APPLICATION OF THIS AGREEMENT.

Indemnification
YOU AGREE AT YOUR OWN EXPENSE TO DEFEND CSRS, THEIR GOVERNING BODY MEMBERS, OFFICERS, EMPLOYEES, AND AGENTS AGAINST ANY CLAIM, SUIT, OR ADMINISTRATIVE PROCEEDING, AND TO INDEMNIFY THEM AGAINST ANY LIABILITY (INCLUDING ALL EXPENSES AND REASONABLE COUNSEL FEES INCURRED), ARISING OUT OF YOUR INTENTIONAL, GROSSLY NEGLIGENT, OR NEGLIGENT WRONGFUL ACT OR OMISSION WHILE PARTICIPATING IN THE COMMUTE SOLUTIONS RIDESHARE PROGRAM.

IF YOU ARE SERVED WITH PROCESS IN A SUIT OR PROCEEDING DESCRIBED ABOVE, YOU AGREE PROMPTLY TO FURNISH CSRS WITH A COPY OF THE PROCESS.

YOU AGREE THAT YOUR INDEMNIFICATION OBLIGATIONS APPLY TO CAUSES OF ACTION ACCRUING DURING THE TERM OF THIS AGREEMENT, AND THAT FOR THIS PURPOSE THE OBLIGATIONS WILL SURVIVE THE TERMINATION OF THIS AGREEMENT.

Term of Agreement
This Agreement becomes effective when you register on the CSRS website. You or CSRS may terminate this Agreement at any time for any reason by giving the other notice of termination, and the Agreement terminates when the notice is given.

Changes to Website and Agreement
CSRS may change the website, including this Agreement, at any time and without advance notice to you. You are encouraged to review the Agreement periodically to determine if it has been changed.

Notice
Notice under this Agreement must be in writing and received by the party against whom it is to operate. Notice is received by CSRS (1) on the date shown on the return receipt if mailed by certified mail, return receipt requested, addressed to CSRS's address below and signed on behalf of CSRS; or (2) three business days after its deposit in the United States mail, with first-class postage affixed, addressed to CSRS's address below. Notice is received by you on the date CSRS e-mails the notice to you at your e-mail address in your account.

CSRS's address is c/o Capital Area Metropolitan Planning Organization, P.O. Box 1088, Austin, TX 78767. CSRS may change its address by providing notice of the change in accordance with this section.

Miscellaneous Provisions
This Agreement is binding on and inures to the benefit of your and CSRS's successors in interest.

This Agreement is performable in Travis County, Texas, and Texas law governs the interpretation and application of this Agreement.

Extension of this Agreement to RideShark Corporation
You hereby also agree to extend this Terms and Conditions Agreement to RideShark Corporation, developers of myCommuteSolutions.com and service providers for myCommuteSolutions.com. You agree to indemnify and hold harmless RideShark Corp, its officers 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 your participation in or involvement in the myCommuteSolutions.com. program.