Website Terms And Conditions Of Use

These terms and conditions of use and the Privacy Statement (together 'Terms of Use') apply to all users of the Innovative TDM Solutions (ITS) Website (the 'Website'). By clicking "I accept" when you register you are stating that you agree to be bound by all of these Terms of Use at all times when using the Website and when participating in shared rides resulting in whole or in part from the use of the Website, and/or receiving benefits.

Accepting/Providing Rides

The ITS website is an online program that allows individuals to respond to a required AVR survey, as well as to find and accept rideshare arrangements. Rideshare arrangements are voluntary and entirely at the discretion of participants.

THE WEBSITE IS OFFERED FREE OF CHARGE AND STRICTLY AS A CONVENIENCE AND SERVICE TO COMMUTERS SEEKING RIDE-MATCHING SERVICES. ALL POTENTIAL RIDESHARE USERS SHOULD EXERCISE CAUTION AND DISCRETION, AND GENERALLY TAKE WHATEVER STEPS THEY DEEM NECESSARY TO ENSURE THEIR PERSONAL SAFETY. YOU ACCEPT FULL PERSONAL RESPONSIBILITY FOR ANY RIDE THAT YOU MAY ACCEPT OR PROVIDE THROUGH THIS SERVICE. INNOVATIVE TDM SOLUTIONS, TRIPSPARK AND TRAPEZE SOFTWARE GROUP ACCEPT NO RESPONSIBILITY FOR ACTIONS OF ANY INDIVIDUALS USING THE WEBSITE AND MAKE NO REPRESENTATIONS WHATSOEVER REGARDING EITHER THE PERSONAL SAFETY OF RIDESHARE PARTICIPANTS OR THE ACCURACY OF RIDESHARE INFORMATION.

You must be at least 18 years of age to use this Website.

Privacy

Certain information about your use of the Website and personal information that you supply while participating in the ITS database are subject to our Privacy Policy. We may use this information to contact you in relation to a shared ride (carpool) you are or have been involved in, organized directly or indirectly through the Website, or to assist your employer, the police or other government authorities if we believe it is reasonably necessary to protect your safety or the safety of other people you have been ridesharing with or where these rideshares have been. For more information, please review our full Privacy Statement.

Reliance Upon Information and Password

To be a registered user of the Website ('Registered User') you must complete the registration process by providing us with current, complete and accurate information as prompted by the registration form ('Registration Data'). You agree to maintain and update this Registration Data as required to keep it current, complete and accurate. When you register you will be provided with a user ID and password. You must ensure that your password is kept secure and confidential and that it is not revealed to any person. You are entirely responsible for any and all activities that occur under or through the use of your password. You agree that ITS can reasonably rely upon any use of your password, including for our disclosure of information relating to your Registration Data. You should notify ITS immediately if you become aware of any unauthorized use of your password or if you believe your password is no longer secret and we will cease relying on that password. You release ITS, TripSpark, the Trapeze Software Group, and their officials, officers, employees and agents from any claims and won't make any claim against any of these parties relating to or arising from any reliance by ITS upon any use of your password, including disclosing personal information relating to your registration Data. You agree to indemnify and hold ITS, TripSpark and Trapeze Software Group, and their officers and employees harmless from any claims, actions, costs (including legal costs), or losses by ITS, TripSpark, Trapeze Software Group or any third party due to or arising out of reliance by them upon any acts carried out, requests made or information provided through the use of your password.

Registered User Conduct:

You agree that:

• You will not use your access to the Website, or any rideshare organized directly or indirectly through the Website, for any purpose that is unlawful or prohibited by the Terms of Use;
• You will use your access to the Website solely to arrange rideshares for your own purpose and will not use the Website for any other purpose including arranging rideshares on behalf of any other person;
• You will not use the Website to directly or indirectly:
• Defame, abuse, harass, stalk or threaten others;
• Collect information about others, including email addresses, without their consent;
• Create a false identity;
• Transmit or upload any material that contains harmful or deleterious computer programs (including, without limitation, viruses, Trojan horses, worms, time bombs or cancel bots);
• Transmit or upload any computer programs or other material in breach of any intellectual property laws, rights of privacy or any other applicable laws;
• Interfere with or disrupt networks connected to the Website or violate the regulations, policies or procedures of such networks;
• Attempt to gain unauthorized access to the Website, other accounts, computer systems or networks connected to the Website, through password mining or any other means; and
• Interfere with another member's use and enjoyment of the Website.
• You will comply with all relevant laws and regulations and are solely responsible for all acts or omissions that occur under your or through the use of your password.

 

Provision of Services

We may modify, suspend or discontinue any or all of the contents of the Website from time to time at our absolute discretion.

Termination

We may terminate your access to the Website at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever. If you wish to terminate your status as a Registered User of the Website your only recourse is to discontinue your use of the Website and notify us that you have terminated your membership. Upon termination, your right to use the Website immediately ceases.

General Limitation Of Liability

Indemnification

You agree to indemnify and hold Innovative TDM Solutions, TripSpark, the Trapeze Software Group, their officials, officers, employees and agents harmless from any claims, actions, costs (including legal costs), or losses by any third party due to or arising out of your use of or conduct in relation to the Website, including without limitation a breach of these Terms of Use.

Limited Reproduction Notices

No part of this Website may be distributed or copied for any commercial purpose and you are not permitted to incorporate the material or any part of it in any other work or publication (whether in hard copy, electronic or any other form). No part of the Website may be resold, published, copied, reproduced, transmitted or stored (including in any other website or other electronic form) except that you may print, or download to your hard drive, extracts from the Website only for your own use.

Amendment

ITS reserves the right, in their sole discretion, to modify, alter or otherwise update these Terms of Use at any time. Such modifications shall be effective immediately upon posting. We will notify you of any changes by updating the "Last Updated" notice next to the link to these terms and conditions on the Website. By using this Website after we have posted notice of such modifications, alterations or updates you agree to be bound by such revised terms. These terms and conditions were last updated on December 15^th, 2021.

Linking

The contents of the Website may include links to third party materials ('linked sites'). ITS will not be responsible for the contents of any linked site or liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with third parties. These links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the site or any association with their operators. By using the Website, you agree to release any and all claims relating to or arising from your use of links to third party materials on the Website. We reserve the right to prohibit links to the Website, and you agree to remove or cease any link upon our request. You may not frame any part of the Website material by including advertising or other revenue generating material.

 

Third Parties

Any dealings with any third parties appearing on the Website are solely between you and the third party. We are not responsible or liable for any part of any such dealings or promotions.

Law

These Terms of Use are governed by and will be construed in accordance with the laws of the State of California and the United States of America.

Severability

If any portion of these Terms of Use are deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.

Contact

If you have any questions or concerns in relation to the Website or these Terms of Use, or wish to report unauthorized use of your password you can contact us.

ITS Website Privacy Statement

1. Collection: ITS gathers various information about users of the rideshare Website and the rideshare program available on that site (the "Website"). This information includes: (a) personal information, provided through voluntary registration; (b) personal information regarding your use of the Website, including but not limited to the identity of people who you are matched with by the Website and the content of any messages that you send to another person using the Website; (c) personal information, provided to us by you through any other method (including without limitation correspondence and discussions); (d) personal information collected by us through click tracking in relation to your use of the Website, including the content you access; (e) aggregated data, which tracks traffic to the Website; and (f) cookies, which are pieces of information transferred to your computer hard drive for record keeping. You further authorize us to collect personal information about you from any public source. The personal information collected will be held by us or on our behalf by such other agent as we may appoint from time to time.

2. Purposes: The personal information you provide will be used for the following purposes: (a) verification of your identity and assisting you in case you forget your password or login details for use of the Website; (b) to allow you to use the Website and to match you with potential rideshare partners; (c) to provide you with further information about the Website or other services offered by us or which we consider may be of interest to you; (d) to keep the Website relevant and of interest to users; (e) to respond to any requests for information made by your employer; (f) to investigate any complaints relating to misuse of the Website or misconduct in relation to rideshares organized directly or indirectly through the Website and to take any action we deem necessary to protect the safety of yourself and others in relation to those complaints; and (g) analysis in aggregate form (identifiable characteristics removed so that you will remain anonymous).

3. Disclosure: You agree that ITS may disclose:

(a) The following personal information to potential rideshare partners to enable you to contact each other;

a.    Name

b.     E-mail

c.      Phone number(s)

d.      Your commuting origin, including your city but not the street name and number of your origin address

e.     Your destination with your complete work address

f.     Your traveling times for the trip for which you have requested a rideshare.

(b) Personal information about you to your employer by giving them access to your account;

(c) Your personal information to your employer if you have been misusing the Website;

(d) Personal information about you to your employer, the police or other government authorities where we believe it is reasonably necessary to protect your safety or the safety of other people you have been ridesharing with where these rideshares have been organized directly or indirectly through the Website.

(e) Your personal information to third parties when we believe in good faith that we are required to do so by law; and

(f) Aggregate information and other information that does not personally identify you to such third parties as we may see fit.

With the exception of disclosures listed in 3(a)-(f) above ITS will not share or sell any personal information about you to outside entities.

4. Consequences of non-provision of information: Failure to provide necessary personal information requested at the time of registration for or use of the Website may result in certain services not being available to you.

5. Security: We are committed to your privacy and strive to protect the personal and confidential information of those who use our Website. However, as no data transmission over the Internet can be guaranteed to be completely secured, we cannot ensure or warrant the security of any information you transmit or receive through the Website. These activities are conducted at your own risk, and by using the Website and the ITS program; you agree to release ITS from any and all claims relating to or arising from release of ITS database information, including personal information, due to security breaches.

6. Removing your Information If at any time you wish to remove your information from the ITS database you can do so by selecting "Delete Your Profile" on the "My Account" page or you can contact us at the link at the footer of this page.