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Terms of Service

Last Updated: September 12 2020


Please read these Terms of Service carefully.


The Terms of Service (“TOS”) is between you (“you”, “your”, and “user”) and Caravan and its subsidiaries and affiliates (“Caravan”, “we”, “us” and “our”) and governs your access and use of our services.  “Service” means any platform, website, application, mobile application or service offered by Caravan and its third party service providers.   

The TOS contain important information about your legal rights.      

THE TOS IS A LEGAL AGREEMENT BETWEEN YOU AND CARAVAN AND GOVERNS YOUR USE OF THE SERVICE. YOUR USE OF THE SERVICE SIGNIFIES THAT YOU HAVE READ AND AGREE TO THESE TOS AND CARAVAN’S PRIVACY NOTICE SET FORTH AT https://www.caravancarpool.com/privacy ("PRIVACY NOTICE"), AND ANY OTHER RELATED POLICIES OR GUIDELINES MADE AVAILABLE BY CARAVAN. IF YOU ARE AN INDIVIDUAL AGREEING TO THE TOS ON BEHALF OF A LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ENTITY.   IF YOU DO NOT AGREE TO THESE TOS, DO NOT USE THE SERVICE.

OVERVIEW

Caravan enables you to identify and arrange opportunities to meet other members for snow sports and recreational activities, to coordinate rides and help reduce environmental impacts.  It is Caravan’s goal to help the environment to reduce carbon emissions and traffic congestion by helping drivers and passengers connect to carpool to certain mountain resorts. Caravan allows drivers and passengers to post opportunities to connect when they are traveling to certain mountain resorts. Caravan encourages drivers and riders to communicate using the tools made available through the Service. Caravan is not suggesting that users exchange any money should you drive or be a passenger to or from a destination. 


USE OF THE SERVICE

Access to and Use of the Service.  Caravan retains the right, in its sole discretion, to deny access to and use of the Service to anyone at any time and for any reason. While we use reasonable efforts to keep the Service accessible, the Service and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions to the Service and/or access to your account due to circumstances within Caravan’s control (i.e.: routine maintenance) as well as outside of Caravan’s control. 


YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICE IS AT YOUR OWN RISK.  THE SERVICE MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION AND/OR TO VOLUNTARILY OFFER TRANSPORTATION. YOU ACKNOWLEDGE THAT YOUR ABILITY TO PROVIDE, ARRANGE OR OBTAIN TRANSPORTATION THROUGH THE USE OF THE SERVICE DOES NOT ESTABLISH CARAVAN AS A PROVIDER OF TRANSPORTATION OR AS A TRANSPORTATION CARRIER. YOU ACKNOWLEDGE THAT USERS PROVIDING TRANSPORTATION, RIDESHARING OR CARPOOLING MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED.

Service Eligibility.  Our website and Service are not directed at children. To access and/or use the Service, you must be eighteen (18) years of age or older. You certify that you are at least 18 years old; if you are not, you may not register for or use the Service. If we learn that an individual under age 18 has access to or use of the Service, we will take steps to delete such account and all Content and other information related thereto.  Please review our Privacy Notice regarding collection of information from children.  

Your Caravan Account.  You may be required to create an account and specify a password in order to use the Service.  To create an account, you must be at least eighteen (18) years of age, provide contact information,  and submit any other form of authentication as determined by Caravan in its sole discretion.  You must provide truthful, accurate and current information in connection with your account. You are responsible for updating and correcting information you have submitted to create and/or maintain your account.  Please don’t try to impersonate anyone else when you create your account.  We may refuse to grant you an account with a name that impersonates someone else; or if the name is illegal, vulgar, offensive; or if it may be protected by trademark or other proprietary rights, as determined by Caravan in its sole discretion.

You are solely responsible for maintaining the security of your account and the confidentiality of the password you use to access your account.  You acknowledge and agree that Caravan shall have no responsibility for any incident arising out of, or related to, your account or account settings.  You are fully responsible for all activities that occur under the account and any other actions taken in connection with it.  You must immediately notify Caravan of any unauthorized use of your account, password and/or any other breach of security.  

If Caravan, in its sole discretion, determines that you have acted inappropriately; violated any laws; infringed on anyone else’s rights; violated any provision of these TOS, Privacy Notice or any other guidelines or policies of Caravan; or that your conduct or Content would tend to damage our reputation and goodwill; we reserve the right to take down your Content, suspend or terminate your account (or any part thereof), prohibit you from using the Service, and/or take any appropriate legal actions.  If we delete your account for any of the foregoing reasons, you may not re-register for our Service. We may also block your email address and Internet protocol address to prevent further registration.


Content You Post.  We may provide opportunities for you and other users to post text, photographs, videos, contact and location information, or other content (collectively “Content”) on the Service. Once posted, your Content cannot always be deleted.  You acknowledge and agree that any Content or communications you post on the Service may be seen and used by others, and is available to the public.  You understand that by posting Content or communications you have no expectation of privacy for such Content or communications.  IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONAL INFORMATION OR OTHER CONTENT PUBLICLY AVAILABLE ON OR THROUGH THE SERVICE, YOU DO SO AT YOUR OWN RISK.  

You have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Content you post. You can only post Content if you own all rights to that Content, or if another rights holder has given you permission.  You do not transfer ownership of your Content simply by posting it. 

By posting Content on our Service you hereby grant to Caravan, its affiliates, partners, contractors, licensors and assigns, a worldwide, irrevocable, perpetual, nonexclusive, assignable, sublicensable, and transferable right and license to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, distribute, adapt, modify, create derivate works of, disclose and use your Content.  Without those rights, we could not offer our Service.  Please note that this license continues even if you stop using our Service.  You agree to indemnify, release and hold us harmless from any liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any Content you post.

Posting a Ride as a Driver.  In using the Service, you may choose to post an offer to drive to a mountain resort destination in the Service, and in such case you will be required to provide at a minimum the following Content:  your name, local Colorado address, phone number, meeting address, destination, date and time of arrival, number of spots left, license plate, vehicle make, model and may ask you to provide a picture.  


Posting a Request to Ride or Meet.  In your use of the Service, you may voluntarily post a request to be a passenger or respond to a post to meet to carpool to certain mountain resorts, and in such case you will be required to provide at a minimum the following Content:  your name, local Colorado address, phone number, email address, meeting address, date and time of arrival, destination and name.  


Content Restrictions.  Content posted on the Service shall not contain inappropriate material as determined by Caravan in its sole discretion, including but not limited to: 

  1. Illegal content in violation of any federal, state, or local laws or regulations, or violates the rights of any other person or entity;

  2. harmful, offensive, inaccurate, abusive or otherwise inappropriate language, including without limitation, bigotry, racism, discrimination, hatred, or profanity;

  3. comments that do not address the content, reviews, ratings or contains no qualitative value;

  4. information about illegal activities, physical harm or injury to any group, individual, institution or property;

  5. personal attacks, physical confrontations and/or sexual harassment;

  6. advertising or information commercial in nature, or inappropriate based on the applicable subject matter;

  7. language intended to impersonate other users (including names of other individuals) or offensive or inappropriate user names or signatures; and/or

  8. viruses, trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information.


Service-related Communications. You agree to receive certain communications in connection with the Service. When you use the Service or send communications to us, you are communicating with us or the other users electronically.  You consent to receive electronically any communications related to your use of the Service. We may communicate with you by email or by posting notices on the Service. You acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting Content, creating a user account or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our third-party service providers may contact you at that address or number in a manner consistent with our Privacy Notice.  If you send us any communications, those communications will not be deemed confidential information.  

Feedback. You are not obligated to provide any information, suggestions, ideas,  improvements, reviews, enhancements, recommendations, feature requests or other communications to Caravan (“Feedback”). Feedback will not be confidential. If you choose to give us Feedback, we reserve the right to reproduce, use, disclose, distribute, or otherwise act on your Feedback without any obligation to you.

Mobile Messaging.  You may agree to receive ‘SMS’ or text messages from Caravan to your mobile phone or device regarding the Service.  Your mobile number will be used to communicate with you by ‘SMS’ or text message regarding the Service.  You understand and agree that messages sent to your mobile phone or device may be generated using automated technology.  Your consent to receive ‘SMS’ or text messages is not required to use the Service.  Caravan does not charge you for sending or receiving text or ‘SMS’ messages.  Your mobile carrier’s rates apply.  Caravan will not be liable for any delays in the receipt of any ‘SMS’ or text messages as delivery is subject to effective transmission from your mobile and/or network operator. 


Verification.  You understand that Caravan acts only as a social networking, marketing platform, and technical interface between people that desire to carpool to certain mountain resorts.  Caravan does not itself verify the qualifications or backgrounds of users, nor does it evaluate or control in any ongoing manner exchanges between users.  Caravan’s verification of drivers or passengers is limited to optional verification using the user’s name, date of birth and driver’s license.  Any opinions or statements expressed by a user are of those of the user alone, and are not to be attributed to Caravan.  Caravan cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, legality or applicability of anything said, written, posted, displayed or otherwise made available by any user, nor does Caravan assume any responsibility for a user’s conduct.  Please use caution, common sense, and practice safe driving, riding, networking and connecting when using Caravan.    


Your Conduct and Responsibilities. In addition to the other terms set forth in these TOS and Privacy Notice, or any additional guidelines or policies made available by Caravan, you must comply with the following: 


  1. You hereby represent and warrant to Caravan that (i) all information provided to Caravan by you is true, complete and accurate in all respects, and (ii) you are authorized to submit information to Caravan;

  2. Caravan is authorized by you to rely upon the truthfulness, completeness and accuracy of your Content in order to serve the other users;

  3. You shall not modify, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Service; 

  4. You may not access all or any part of the Service in order to build a product or service which competes with the Service;

  5. You shall not copy or imitate part or all of the design, layout, or look-and-feel of the Service or individual sections of it, in any form or media;

  6. You are only authorized to view and use small portions of the Content on the Service for your informational, non-commercial use, provided that you do not remove any copyright notices or other proprietary notices from the Service; 

  7. You are responsible for the accuracy, legality and quality of the Content that you submit and will not violate the intellectual property rights of anyone;

  8. You will not post any Content or communications that contain payment card or banking information;

  9. You agree to act in accordance with all applicable laws, rules and regulations;

  10. You will not upload, post, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” or any other forms of solicitation;

  11. You shall not imply that user Content is in any way sponsored and/or endorsed by Caravan;

  12. You agree not to intentionally hold Caravan, its affiliates, employees, or directors up to public scorn, ridicule or defamation;

  13. You will use commercially reasonable efforts to prevent unauthorized access to or use of the Service, and notify Caravan promptly of any such unauthorized access or use; 

  14. You will not attempt to do any of the following: access data not intended for you, monitor the Service for data gathering purposes or interfere with the Service in relation to any user in any manner; and

  15. You shall not use the Service for any unlawful purpose or solicit others to perform or participate in any unlawful acts.  


Caravan shall not be subject to any obligations of confidentiality regarding any Content or any other information or materials submitted through the Service except as otherwise specified in this TOS and Privacy Notice; or as set forth in any additional terms and conditions relating to specific products or services utilized by Caravan in conjunction with the Service; or as otherwise required by law.  The commercial use, reproduction, transmission, disclosure or distribution of any information, software or other material available through the Service without the prior written consent of Caravan is strictly prohibited. 


Content Posted By Others.  We are not responsible for, and do not endorse, Content posted by any user of the Service.  Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any Content posted by a user.  As part of your use of the Service, you may obtain personal information from other users. This personal information shall only be used in connection with the purposes set forth in the Service and/or for Caravan-related communications, unless otherwise approved by the user in writing.  Caravan has not granted you a license to use the Content posted by others for unsolicited messages or unauthorized activities. 


THIRD PARTY SERVICES AND LINKS.

Caravan may use third party service providers, products and services to provide the Service (“Third Party Services”).  Caravan does not control or endorse any Third Party Services.  The Service may provide links to third-party websites (“Linked Sites”), and Linked Sites are provided for your convenience only.  Caravan does not control or endorse Linked Sites, is not responsible or liable for the content therein nor the accuracy, validity or reliability of any information, data, opinions, advice and/or statements contained within such Linked Sites.  Caravan is also not responsible for any goods or services sold on Linked Sites, and we do not control or endorse any products or services advertised thereon. The Service may contain ads from third parties.  We do not control or endorse any products or services being advertised. You should carefully review the terms of service and privacy statements of any Linked Sites. You will need to make your own independent judgment regarding your interaction with Linked Sites.  Your use is at your own risk.  Caravan reserves the right to terminate any Linked Sites, or other link and/or linking program at any time in its sole discretion. 


PROPRIETARY RIGHTS AND LICENSES

License.  The Service is proprietary to Caravan, our affiliates and licensors. By using the Service, and subject to your compliance with these TOS: (a) Caravan grants you a limited, personal, nontransferable, nonexclusive, revocable right (without the right to sublicense) to access and use the Service; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sublicense, sell and/or re-sell the Service, or any content, software, products and/or services obtained from or through the Service.  


Ownership and Reservation of Rights.  All right, title and interest in its intellectual property, including but not limited to the Service, remains the exclusive property of Caravan or its licensors.  The Service, including the software, is copyrighted and protected by the laws of the United States.  No rights are granted to you hereunder, except for the limited license granted above.  Caravan’s name and logo, or any other trademarks or service marks of Caravan, may not be copied, imitated and/or used, without Caravan’s prior written permission.    


DMCA COPYRIGHT POLICY AND COPYRIGHT AGENT

Caravan respects the intellectual property rights of others and expects you to do the same.  The notification process outlined here is consistent with the process suggested by the Digital Millennium Copyright Act (“DMCA”) (which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov).


We reserve the right to block access to and/or attempt to remove material that we believe in good faith to be copyrighted material that has been illegally distributed by you and/or other third parties, and to remove and discontinue service to repeat offenders. 


We require the following information in your notice of copyright infringement: 

  1. a physical or electronic signature of the owner of the copyright (or a person authorized to act on behalf of the owner);

  2. sufficient detail about the copyrighted work claimed to have been infringed;

  3. identification of the URL or other specific location on our websites that contains the material that you claim infringes your copyright;

  4. your name, mailing address, telephone number and email address;

  5. a statement by you that you have a good faith belief that such disputed use of the copyright materials is not authorized by the copyright owner, its agent, or the law; and

  6. a statement that the information in the notice is accurate, and you attest under penalty of perjury, that you are the copyright owner or that you are authorized to act on behalf of the copyright owner.


Your notice may be sent to our Copyright Agent at Caravan, Attn:  Copyright Agent, 1942 Broadway Ste. 314C, Boulder, Colorado 80302.


The Copyright Agent will not attempt to remove content from the Service in response to phone or email notifications, since a valid DMCA notice must be signed, under penalty of perjury, by the copyright owner or by a person authorized to act on his or her behalf. The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring on the Service. All other inquiries directed to the Copyright Agent will not be responded to. If a user believes that their content was removed or disabled by mistake or misidentification, the user may send us a written counter-notification.


TERMINATION

Caravan reserves the right, in its sole discretion, to immediately terminate your account, access to the Service, or any portion thereof, or any and all Content, without liability and without prior notice.  Cause for such termination, as determined by Caravan in its sole discretion, includes, but is not limited to:  (i) breach or violation of the TOS, the Privacy Notice, or other agreements, policies or guidelines made available by Caravan; (ii) engagement in an improper, illegal or fraudulent activity; (iii) requests by law enforcement or other government agencies; (iv) a request by you (self-initiated account deletions); (v) discontinuance or material modification to the Service or any part thereof; (vi) unexpected technical or security issues or problems; (vii) extended periods of inactivity;  and/or (viii) nonpayment of any fees owed by you in connection with the Service, if applicable. Caravan may also suspend or terminate your account, access to the Service and/or disable or remove any and all Content or materials for any reason or no reason whatsoever. Termination of your account includes:  (a) removal of access to all offerings within the Service; (b) deletion of your password and all related information, files and Content associated with your account; and (c) barring of further use of the Service.  All terminations shall be made at Caravan’s sole discretion.  Caravan shall not be liable to you or any third party for any termination of your account or access to the Service or Content.


You may terminate this TOS at any time for any reason by notifying Caravan in writing at caravancarpool@gmail.com. It is your responsibility to make sure that Caravan receives your notice of termination as such termination will not be effective until written notice has been received by Caravan.


INDEMNIFICATION

You shall indemnify, defend and hold harmless Caravan, and its affiliates, directors, officers, agents, employees, contractors, partners and licensors from and against any and all claims, demands, proceedings, losses, costs, damages, awards, fees, expenses, or liabilities of any nature, including attorney’s fees (“Claim”) arising out of or relating to (i) Content you submit, post, transmit, or otherwise make available through the Service; (ii) your use of the Service; (iii) your violation of any law; (iv)  any breach of these TOS or the Privacy Notice; (v) your fraudulent acts, intentional misconduct,  and/or negligence; (vi) your violation of any third party’s rights; or (vii) any transportation, ridesharing or carpooling provided by a user or third party to you, or provided by you.


DISCLAIMER OF WARRANTIES

WE PROVIDE OUR SERVICE USING A COMMERCIALLY REASONABLE LEVEL OF CARE.  HOWEVER, WE DO NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT, THE SPECIFIC FUNCTION OF THE SERVICE, THE QUALITY OF THE SERVICE OR THEIR RELIABILITY, AVAILABILITY OR ABILITY TO MEET YOUR REQUIREMENTS.  WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE.  ACCORDINGLY, YOU UNDERSTAND THAT YOUR USE OF THE SERVICE AND CONTENT IS AT YOUR SOLE RISK, AND THE SERVICE, INCLUDING THE CONTENT, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.


CARAVAN AND ITS AFFILIATES, DIRECTORS, OFFICERS, CONTRACTORS, AGENTS AND LICENSORS, EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND ABOUT THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO,  IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COURSE OF DEALING, USAGE AND/OR TRADE PRACTICE. CARAVAN EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES RELATING TO ANY THIRD PARTY MATERIALS.  YOU WILL LOOK SOLELY TO THE THIRD PARTY PROVIDER OF THE THIRD PARTY MATERIALS FOR ANY WARRANTY RELATED ISSUES OR OTHER CLAIMS RELATED THERETO.


LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES DOES CARAVAN OR ITS AFFILIATES HAVE ANY RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, RIDESHARING OR CARPOOLING PROVIDED TO YOU OR PROVIDED BY YOU.  CARAVAN IS NOT RESPONSIBLE OR LIABLE FOR USERS ACTS OR OMMISSIONS, INCLUDING ANY DAMAGES OF ANY KIND, WHETHER PHYSICAL INJURY, DEATH OR PROPERTY DAMAGE, INCURRED AS A RESULT OF SUCH ACTS OR OMISSIONS.

EXCEPT WHERE PROHIBITED, CARAVAN AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS,  CONTRACTORS AND LICENSORS, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICE OR ANY THIRD PARTY’S USE OF THE SERVICE. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, GOODWILL, LOSS OF USE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF CARAVAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL AND/OR INCIDENTAL DAMAGES.  ACCORDINGLY, CARAVAN’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.  YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE THE RIGHT TO DISCONTINUE YOUR USE OF THE SERVICE.


DISPUTE RESOLUTION 

Disputes.  We want to address your concerns without filing a formal legal case.  Before filing a claim against Caravan, you agree to try to resolve the dispute informally by contacting us at caravancarpool@gmail.com.  We will try to resolve the dispute by contacting you via email, but if we cannot resolve the dispute within thirty (30) days of submission, you and/or Caravan agree to resolve any claims related to this TOS through final and binding arbitration, except as set forth under the Exceptions to Agreement to Arbitrate section or the Opt-Out Section, as described below.


Opt-Out.  You can opt-out and decline this agreement to arbitrate by contacting Caravan within thirty (30) days from the date that you first became subject to this arbitration provision (i.e.: the date you initially accepted this TOS).  You must write us at Caravan, Attn: Opt-Out Arbitration, 1942 Broadway Ste 314C, Boulder CO 80302. If you opt out, neither you nor Caravan can require the other to participate in an arbitration proceeding.


Arbitration Procedures.  Except in the event the claim meets the requirements set forth in the ‘Exceptions to Agreement to Arbitrate’ section below or if you opt out of arbitration, all claims shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association.  Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.  All information relating to or disclosed by any party in connection with the arbitration of any disputes shall be treated by the parties, their representatives, and the arbitrator as proprietary business information and shall not be disclosed without prior written authorization of the disclosing party. The arbitration shall be held in Boulder, Colorado USA or any other location we agree to. Each party shall bear the burden of its own attorney’s fees incurred in connection with any arbitration proceedings.


Exceptions to Agreement to Arbitrate.   Either you and/or Caravan may assert claims, if they qualify, in small claims court in Colorado. Caravan may also bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Service, breach of Caravan’s confidential information, or intellectual property infringement (for example, trademark, trade secret, copyright and/or patent rights) without first engaging in arbitration or the informal dispute resolution process described above.


Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Caravan agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Colorado.  Both you and Caravan consent to the foregoing venue.


CHANGES AND MODIFICATIONS

We reserve the right to modify our Service, these TOS or Privacy Notice at any time with or without notice to you. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature. We also reserve the right to charge a fee for any of our features at any time so check back regularly.  If you do not agree to the changes, you should stop using the Service.  By continuing to use or log in to the Service after any changes have been made, you indicate your agreement to the changes, including any revised TOS. We will update the “Last Updated” date above when we update these TOS. 


MISCELLANEOUS
These TOS are governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of laws rules.  If you do not comply with these TOS, and we do not take action right away, this does not mean that we are giving up any rights that we may have, including the right to take action in the future. If a particular provision in these TOS is not enforceable, that will not affect any other provision herein.


CONTACTING US

If you would like to request additional information regarding this TOS, the Privacy Notice or for any questions, please contact us as at caravancarpool@gmail.com.

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