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Terms of Service


Terms of Use Agreement between User and Try Parking It

Definitions

Site - This website is owned by Try Parking It and developed/hosted by RideShark Corporation.


Participating Organizations - Various organizations and companies registered on this site to offer ridematching services for their internal employees.


TERMS OF USE

Please read the terms of use below and click "Yes, I certify that I am 18 years of age and I accept the Terms & Conditions of Use and Privacy Statement." By clicking "Yes, I certify that I am 18 years of age and I accept the Terms & Conditions of Use and Privacy Statement", you agree to be bound by these terms of use.

The purpose of Try Parking It is to ease travel to and from the workplace by establishing carpools and vanpools for commuters and promoting transit use. As a Try Parking It program participant, there may be times when you are a passenger or a driver for other passengers. Try Parking It and the Participating Organizations in providing this service of matching riders and drivers based on location and work schedule, hereby disclaim any responsibility or liability for any accidents or harm to any rideshare program participants. We provide this service solely as a venue for communication between commuters that meet certain criteria. We do not evaluate or insure the character or skill of any drivers or passengers. Furthermore, our records are based on information that users enter into the database. Some of this information may be inaccurate or incomplete. We do not evaluate the correctness or truthfulness of the information submitted and cannot be responsible for any false information submitted.

None of the two Try Parking It Partners listed above or the Participating Organizations assume any responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or other material on this site. While we strive to keep the information on this site accurate, complete and up to date, the Try Parking It Partners cannot guarantee, and will not be responsible for, any damage or loss related to the accuracy, completeness or timeliness of the information.


YOUR ACCOUNT

You must be at least 18 years old to use this site.

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You also agree to accept responsibility for all activities that occur under your account or password. You agree to provide accurate information on your account for ridematching purposes. To preserve the integrity of the data in the ridematching database, the Try Parking It Partners reserve the right to modify, deactivate and/or delete accounts they deem to contain inaccurate and/or inappropriate information. Accounts that are inactive for a certain period of time will be handled as follows: The registered user will receive an e-mail directing him/her to reactivate his/her account. If no action is taken within a specified period, the account will be deactivate, and subsequently deleted if there continues to be no activity.


PROPRIETARY RIGHTS

Some material on this site (as well as the organization and layout of the site) is owned and copyrighted, licensed by, or used with permission that is granted to the Try Parking It Partners. No reproduction, distribution or transmission of the copyrighted material or confidential information at this site is permitted without the prior written permission of the Try Parking It Partners and/or RideShark Corporation, the software developer.


CONFIDENTIAL INFORMATION

"Confidential information" means all information or material which: (i) is obtained from password-protected portions of the site or (ii) which is (a) marked "confidential," "restricted," or with another similar marking, (b) known by the parties to be considered confidential, or (c) which should be known or understood to be confidential or proprietary by an individual exercising reasonable judgment. You agree that you will not disclose confidential information submitted by others to any person or entity outside of your organization. You will not use or permit the use of any confidential information except as necessary in connection with the services. You will use at least the same degree of care in safeguarding the confidential information as you use in safeguarding your own confidential information, but in no event will you use less than due diligence and care.

Our treatment of your confidential information is governed by our privacy policy.

This site uses session cookies to track users' account activity. This information is accessible only by site administrators for Try Parking It and its partner agencies.


NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of this site, you warrant to the Try Parking It Partners and your Participating Organization that you will not use this site for any purpose that is unlawful or prohibited by these terms. If you violate any of these terms, your permission to use the site automatically terminates.

You may not without the prior written permission of Try Parking It use any computer code, data mining software, "robot," "bot," "spider," "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this site or accessed through this site.


DISCLAIMER OF WARRANTIES

You expressly understand and agree that your use of this site and the service offered at the site is at your sole risk. The Try Parking It site is provided on an "as is" and "as available" basis. Try Parking It Partners expressly disclaim 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. Any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.


LIMITATION OF LIABILITY

You expressly understand and agree that none of the Try Parking It Partners or the Participating Organizations shall be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if advised of the possibility of such damages), resulting from:

  1. The use or the inability to use the site or services;
  2. The cost of procurement of substitute services resulting from any data, information or services obtained, or messages received, or transactions entered into on the site, or through or from the service;
  3. Unauthorized access to or alternation of your transmissions or data;
  4. Statements or conduct of any third party on the service or in or relating to a carpool; or
  5. Any other matter relating to the site or services.

LINKS

This site may contain hyperlinks to websites operated by parties other than the Try Parking It Partners or their affiliates. We provide these links solely for our users' information and convenience, and the inclusion of these links should not be construed as an endorsement of those sites or their content.

Read each partner agency's links policy for more details about links to other sites as well as guidelines for linking to our site.


CHANGES TO SITE

The Try Parking It Partners may make improvements to or changes in the information, services, products, and other materials on this site, or terminate this site at any time. This agreement may be modified at any time, and such modifications shall be effective immediately upon posting of the modified agreement. Accordingly, you agree to review this agreement periodically, and your continued access or use of this site shall be deemed your acceptance of the modified agreement.

DEFAULT Corporation, the licensor and supplier of this Website), "NCTCOG". In addition, NCTCOG does not make any assurances or certifications regarding the condition, suitability or safety of the vehicles being used by participants in the carpooling system, the reliability or driving ability of participants or drivers, or whether those participants and drivers are insured. NCTCOG recommends that participants exercise caution when selecting a potential carpool partner.

By participating in the system, you are agreeing that you are entirely responsible for your own safety while using the carpooling system and will take reasonable precautions in all interactions with other users of the service.

Insurance Coverage
It is the responsibility of individuals participating in a carpool matching system to notify their insurance provider of their intent to carry non-family passengers and to ensure that they have adequate coverage to protect both themselves and their passengers. It is the responsibility of the individual accepting a ride in a carpool to ensure that the driver of the vehicle has an acceptable driving record, is licensed accordingly and has adequate insurance to protect both driver and passengers.

Privacy
Certain information about your use of the Website and personal information that you supply to NCTCOG are subject to our Privacy Policy. We may use this information to contact you in relation to a rideshare you are or have been involved in or to assist 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. 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 NCTCOG can reasonably rely upon any use of your password, including for our disclosure of information relating to your Registration Data. You should notify NCTCOG 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 NCTCOG, its officials, officers, employees and agents from any claim and won't make any claim against NCTCOG in respect of or arising from any reliance by NCTCOG upon any use of your password, including NCTCOG disclosing personal information relating to your Registration Data. You agree to indemnify and hold NCTCOG, its officers and employees harmless from any claims, actions, costs (including legal costs), or losses by NCTCOG or any third party due to or arising out of reliance by NCTCOG or any third party upon any acts carried out, requests made or information provided through the use of your password.

Registered User Conduct
You agree that:
  1. 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;
  2. 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;
  3. you will not use the Website to directly or indirectly:
    1. defame, abuse, harass, stalk or threaten others;
    2. collect information about others, including email addresses, without their consent;
    3. create a false identity;
    4. transmit or upload any material that contains harmful or deleterious computer programs (including, without limitation, viruses, trojan horses, worms, time bombs or cancelbots);
    5. transmit or upload any computer programs or other material in breach of any intellectual property laws, rights of privacy or any other applicable laws;
    6. interfere with or disrupt networks connected to the Website or violate the regulations, policies or procedures of such networks;
    7. 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
    8. interfere with another member's use and enjoyment of the Website.
  4. 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 in 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.

Communications from NCTCOG
You agree that NCTCOG may send email, newsletters and other forms of communications (whether or not in electronic form) to you from time to time.

Disclaimer of Warranties and Limitation of Liability
You understand and agree that you use Try Parking It and related services at your own risk. NCTCOG’s service is provided on an "as is" basis and “as available” basis without representations or warranties of any kind, whether express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are incapable of exclusion under law. NCTCOG does not warrant that your use of the service will be secure, uninterrupted, always available, error-free or will meet your requirements, or that any defects in the services will be corrected. NCTCOG disclaims liability for, and no warranty is made with respect to, the connectivity and availability of the services.

You hereby acknowledge and agree that under no circumstances will NCTCOG, its officers, directors, employees, agents and third party content providers or licensors be liable to you or any third party for any loss whatsoever caused by your use or reliance on information obtained through the content distributed by NCTCOG as well as any direct, indirect, incidental, special, punitive or consequential damages or injury arising out of the use or inability to use the NCTCOG service or out of the breach of any warranty, or caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to and/or alteration of the Try Parking It website, no matter whether such claims are based in contract, tort, negligence, strict liability or any other cause of action, and regardless of whether NCTCOG has been advised of the possibility of such damages.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NCTCOG BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.

Indemnification
You agree to indemnify and hold harmless NCTCOG, its officials, officers, employees and its agents from any claims, actions, costs (including legal costs), or losses by any third party due to or arising out of (a) your use of or inability to use the Try Parking It Website or NCTCOG service, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations. You further agree to indemnify and hold harmless NCTCOG, its officers, directors 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 Try Parking It program.

Copyright and Limited Reproduction Notices
The contents of the Website are the copyright of NCTCOG and its licensees. No part of the 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
NCTCOG reserves the right, in its 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 April 6, 2012.

Linking
The contents of the Website may include links to third party materials ('linked sites'). NCTCOG is not and 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. 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.

Advertisers
Any dealings with any advertiser appearing on the Website are solely between you and the advertiser or other 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 Province of Ontario and the federal laws of Canada.

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, wish to report unauthorized use of your password or wish to terminate your registration please contact us at Admin@TryParkingIt.com.