APPLICATION TERMS OF USE (Terms & Conditions Section)

This mobile application (the “Application”) is owned and operated by Who’s Driving Inc. (“Who’s Driving”).  PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE APPLICATION. By using this Application you agree to these terms of use (the “Terms”).  If you do not agree to the Terms, please do not use the Application.  We reserve the right, at our discretion, to change, modify, add or remove portions of the Terms at any time.  Please check these terms periodically for changes.  Your continued use of the Application following the posting of changes to the Terms will mean you accept those changes.  These Terms shall set forth the terms and conditions pursuant to which you can use the Application.  Use of the Application is also subject to the terms and conditions of the Application’s mobile distributor or the terms and conditions required by the mobile network operator.

THE APPLICATION (Terms & Conditions Section)

The Application is a technology platform that enables users to arrange and schedule carpools.  The Application is made available solely for your personal, noncommercial use.  YOU ACKNOWLEDGE THAT WHO’S DRIVING DOES NOT PROVIDE TRANSPORTATION SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER.

The Application, including but not limited to all text, graphics, logos, icons, images, data, graphs, audio, videos, computer programs and other material and information contained on, or utilized in the provision of, the Application is the property of Who’s Driving or its suppliers and is protected by copyrights, trademarks, trade secrets, patents or other proprietary rights. Who’s Driving hereby grants you a limited, nonexclusive, nontransferable, personal license to use the Application for personal or informational purposes only. Except as expressly authorized by Who’s Driving in writing, you may not use, copy, distribute, modify or create derivative works from, disclose, display, transmit, or post or any portion of the Application for any purpose or “frame" or "mirror" the Application on any other server or wireless or Internet-based device.  All rights not expressly granted herein are reserved to Who’s Driving and/or its licensors.

To use certain features of the Application or participate in certain activities sponsored by Who’s Driving, we might ask you to register as a participant or user.  If so requested, each Application user must: (a) personally provide true, accurate, current and complete information on the Application's registration form (collectively, the "Registration Data") and (b) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, Who’s Driving has reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, Who’s Driving may suspend or terminate any and all current or future use of the Application by that user.  A user may receive passwords and account designations upon completing certain Application registration processes and is wholly responsible for maintaining the confidentiality of such passwords or designations.  

CONTENT SUBMISSIONS (Terms & Conditions Section)

All information, data, text, software, music, sound, photographs, graphics, video, messages, comments or any other materials whatsoever, whether posted or transmitted to Who’s Driving or the Application, shall be collectively referred to as the “Content.”  The submitting user retains ownership of Content.  Notwithstanding the user’s ownership, the submitting user grants Who’s Driving the royalty-free, worldwide perpetual, non-exclusive, transferable license to Who’s Driving to use, reproduce, modify, edit, publish, distribute and display such Content through the Application or those related websites hosted by Who’s Driving.   Who’s Driving has not, and will not, review, monitor or edit the Content for accuracy, timeliness, integrity or completeness.  Who’s Driving shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it considers to violate the Terms or be otherwise illegal.  Who’s Driving, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law, judicial or governmental mandate or, to protect the rights, property, or personal safety of Application users and the public.

RULES FOR CONTENT SUBMISSION (Terms & Conditions Section)

We ask you to follow these rules when submitting, posting or sharing Content on the Application: (a) you shall not upload to, distribute through or otherwise publish through the Application any Content that is libelous, defamatory, obscene, pornographic, invasive of privacy or publicity rights, abusive, that would constitute or encourage a criminal offense or that would otherwise give rise to liability or violate any law; (b) you shall not use the Application to post Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or that could be harmful to minors or that harasses or advocates harassment of another person; (c) you will use this Application only in a manner consistent with all laws and regulations and in accordance with the Terms; (d) you will not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false IP addresses or headers, or otherwise conceal your identity from Who’s Driving; (e) you will only submit Content for which you have the copyright or other specific permission to distribute; and (f) you will not violate, plagiarize, or infringe on the rights of third parties including copyright, trademark, trade secret, privacy, publicity or proprietary rights.  Who’s Driving shall not be liable in any way for any Content.

Your Content is deemed non-confidential and the Who’s Driving has no obligation to maintain the confidentiality of any information, in whatever form, contained in any such Content, except pursuant to the Who’s Driving privacy policy (www.Who’s Driving.com/privacy).   Who’s Driving does not verify, endorse or otherwise vouch for the Content.

Content submitted to the Application or the Who’s Driving website do not represent the views of Who’s Driving, or any individual associated with Who’s Driving, and Who’s Driving does not control this Content. In no event shall you represent or suggest, directly or indirectly, Who’s Driving’s endorsement of your Content.  Who’s Driving does not does not take any responsibility or assume any liability for any actions you may take as a result of reading or using Content on the Application.

TERMINATION  (Terms & Conditions Section)

Who’s Driving may terminate your use of the Application for: (a) breach of these Terms; (b) your abuse of Application resources or attempt to gain unauthorized entry to the Application; or (c) as required by law, regulation, court or governing agency order.  Who’s Driving's termination of any user's access to the Application may be effected without notice and, on such termination, Who’s Driving may immediately bar any further access to the Application.  Who’s Driving shall not be liable to any user or other third party for any termination of that user's access to the Application.  In the event of termination, Who’s Driving reserves the right to delete or save a user’s Content at Who’s Driving’s sole discretion.

LINKS (Terms & Conditions Section)

The Application may provide links to websites or other applications.  Who’s Driving exercises no control whatsoever over such other websites or applications and is not responsible or liable for the availability, content, advertising, products or other materials on such websites.  Your access and use of such linked websites or applications, including information, material, products and services therein, is solely at your own risk.  

LIMITED WARRANTY; LIMITATION OF LIABILITY (Terms & Conditions Section)

EACH USER'S USE OF THE APPLICATION IS AT HIS OR HER SOLE RISK.  THE APPLICATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  WHO’S DRIVING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  IN ADDITION, WHO’S DRIVING MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE APPLICATION, OR THAT USE OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE.  WHO’S DRIVING DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF APPLICATION USERS.  YOU FURTHER ACKNOWLEDGE THAT WHO’S DRIVING HAS NOT VERIFIED WHETHER YOU OR OTHER USERS ARE LICENSED TO OPERATE A MOTOR VEHICLE OR WHETHER SUCH USERS HAVE AUTO OR GENERAL LIABILITY INSURANCE.

WHO’S DRIVING SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM ANY USER'S USE OR INABILITY TO USE THE APPLICATION.  WHO’S DRIVING SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (A) YOUR USE OF OR RELIANCE ON THE APPLICATION OR YOUR INABILITY TO ACCESS OR USE THE APPLICATION; OR (B) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY OTHER APPLICATION USER, EVEN IF WHO’S DRIVING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

USER WARRANTY AND INDEMNIFICATION (Terms & Conditions Section)

EACH USER REPRESENTS AND WARRANTS TO WHO’S DRIVING THAT THEY (A) HAVE A VALID DRIVER’S LICENSE APPLICABLE TO THE USE CONTEMPLATED BY THE APPLICATION; AND (B) THAT THEY HAVE THE STATE REQUIRED AUTO AND/OR LIABILITY INSURANCE RELATED TO THE USE OF MOTOR VEHICLES.

EACH USER SHALL INDEMNIFY AND HOLD WHO’S DRIVING HARMLESS FROM ANY LEGAL ACTION, CLAIM, LOSS, DAMAGE, LIABILITY AND RELATED COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) RELATED TO THEIR BREACH OF THE WARRANTIES IN THE PRECEDING PARAGRAPH, THEIR USE OF THE APPLICATION, ANY TRANSACTION OR RELATIONSHIP BETWEEN USERS, AND ANY DAMAGE TO PROPERTY OR PERSONAL INJURY OR DEATH RELATED TO THEIR USE OF THE APPLICATION OR A MOTOR VEHICLE.  

COPYRIGHTS (Software and Licenses)

Who’s Driving respects the intellectual property rights of others, and requires that the people who use the Application do the same.  It is our policy to respond promptly to claims of intellectual property misuse.  If you believe that your work has been copied and is accessible on this Application in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:  (a) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf; (b) identification of the copyrighted work that you claim has been infringed; (c) identification of the material that is claimed to be infringing and information reasonably sufficient to permit Who’s Driving to locate the material, including, if applicable the full URL; (d) your name, address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 is:

John Roberts
New Counsel, PLC
233 Park Avenue, Suite 203
Minneapolis, Minnesota 55415
612-659-8443
jroberts@newcounsel.com

PRIVACY (Privacy)

Who’s Driving agrees to treat your private personally identifiable information in accordance with the terms of our then current privacy policy, which is incorporated herein for all purposes, and which is available for review at http://www.whosdriving.com/about/privacy/ or by sending an e-mail request to: support@whosdriving.com.

GENERAL INFORMATION (Terms and Conditions)

The Terms constitute the entire agreement between each user and Who’s Driving and govern each user's use of Application, superseding any prior agreements.  The Terms and the relationship between each user and Who’s Driving shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located in Hennepin County, Minnesota.  This Application is controlled and operated by Who’s Driving from its offices within the State of Minnesota, United States of America. Who’s Driving makes no representation that materials in the Application are appropriate or available for use in other locations.  Those who choose to access this Application from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.  If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.  Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between Who’s Driving and any user.