Effective Date: January 25, 2012
By using or visiting any version of the Friends With Wheels, LLC ("Friends With Wheels," "us," or "our") website, for example www.friendswithwheels.com, or using any Friends With Wheels products, software, data feeds, and services provided to you on, from, or through the Friends With Wheels website (collectively, the "Service") you signify your agreement to these terms and conditions (the "Terms of Service"). These Terms of Service apply to all visitors or users of the Service ("You," "Your," or "User"). You may use the Service only if You can form a binding contract with Friends With Wheels and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use the Service only in compliance with these Terms of Service and all applicable local, state, national, and international laws, rules and regulations. If You do not agree to these Terms of Service, please do not use the Service.
Nothing in these Terms entitles You to rent a vehicle from or to, or otherwise to be connected with, any other User of the Service. These Terms govern Your use of the Service only and do not govern any agreement You may enter into with any other User. You understand that Friends With Wheels is not a party to any such agreement, does not conduct any criminal or vehicular records check or other background inquiry with respect to any User of the Service, does not attempt to verify the statements of any User, and has no responsibility to do any of the foregoing. Friends With Wheels makes no representations or warranties with respect to any User of the Service or any vehicle belonging to or under the control of any User. You acknowledge that any agreement, transaction, or relationship You enter into with any party You contact through the Service is at Your own risk. In no event shall Friends With Wheels, its officers, directors, employees, or agents be liable for any claims arising out of or relating to any agreement, transaction, relationship, or communication between You and any User of the Service or any third party.
The Service is provided to You AS IS. The form and nature of the Service may change from time to time without prior notice to You. In addition, Friends With Wheels may stop (permanently or temporarily) providing the Service (or any features within the Service) to You or to Users generally, and may not provide You with prior notice. Friends With Wheels also retains the right to create limits on use at our sole discretion at any time without prior notice to You. Friends With Wheels reserves its right to make these changes to the Service for any reason or no reason at all.
Although we may attempt to notify You when major changes are made to these Terms of Service, You should periodically review the most up-to-date version. Friends With Wheels may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and Your use of the Service following any amendment of these Terms of Service will signify Your assent to and acceptance of its revised terms. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
Links to Third Party Websites
Your Use of the Service
These Terms of Service apply to all Content on the Service. "Content" includes all communications, including but not limited to text, graphics, photos, and other materials, You may send through, view on, access through, or contribute to the Service. You are responsible for Your use of the Service, for any Content You share through or post to the Service, and for any consequences thereof. You may access Content for Your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Friends With Wheels or the person who originated such Content. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We do not monitor or control the Content submitted to, sent through, or accessed through the Service, and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Service or obtained by You through the Service is at Your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service. You understand that when using the Service, You will be exposed to Content from a variety of sources, and that Friends With Wheels is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that You may be exposed to Content that is inaccurate, offensive, indecent, objectionable, or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Friends With Wheels be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service or elsewhere.
Your Privacy on the Service
By submitting information on or through the Service, including but not limited to Your email address, You give us permission to disclose the information to other Users of the Service. Any information You supply to us may be used, stored, and disclosed for business purposes. You understand that Friends With Wheels does not guarantee any confidentiality with respect to any information You submit. As a User of the Service, You may have access to other Users' personal information. You agree to use this information solely for purposes of or related to renting a vehicle to or borrowing a vehicle from a User of the Service.
YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FRIENDS WITH WHEELS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF.
FRIENDS WITH WHEELS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. FRIENDS WITH WHEELS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING OR ANY HYPERLINKED SERVICES. FRIENDS WITH WHEELS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
FRIENDS WITH WHEELS AND ITS LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND – EXPRESS OR IMPLIED – INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FRIENDS WITH WHEELS WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Limitation of Liability
IN NO EVENT SHALL FRIENDS WITH WHEELS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE. THIS LIMITATION OF LIABILITY APPLIES TO, BUT SHALL NOT BE LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FRIENDS WITH WHEELS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT FRIENDS WITH WHEELS SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by Friends With Wheels from its facilities in the United States of America. Friends With Wheels makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
To the extent permitted by applicable law, You agree to defend, indemnify and hold harmless Friends With Wheels, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Service; (ii) Your violation of any term of these Terms of Service; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that Your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and Your use of the Service.
Ability to Accept Terms of Service
You affirm that You are either more than 18 years of age or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, You affirm that You are over the age of 13, as the Service is not intended for children under 13. If You are under 13 years of age, please do not use the Service unless You are under the supervision of Your legal parents or guardians.
You agree that: (i) the Service shall be deemed solely based in Connecticut; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Friends With Wheels, either specific or general, in jurisdictions other than Connecticut. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between You and Friends With Wheels that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in New Haven County, Connecticut or San Francisco County, California. These Terms of Service, together with any other legal notices published by Friends With Wheels on the Service, shall constitute the entire agreement between You and Friends With Wheels concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Friends With Wheels' failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.