ADVANTAGE Vanpool Self Insurance Program
Terms of Use
IMPORTANT NOTE REGARDING WEBSITE CONTENT AND USE OF THE WEBSITE
PLEASE READ THE ENTIRE NOTICE BEFORE USING THE WEBSITE AS THE TERMS MAY HAVE CHANGED SINCE THE LAST TIME YOU USED THE WEBSITE.
Agreement and Terms
These website Terms of Use (“Terms”) describe the rules for using this website. These Terms constitute a legally binding agreement between you, the person using this website, and the Advantage Vanpool Self Insurance Program (collectively with its affiliate entities, “Advantage”). If you are helping another person use this website, these Terms constitute a legally binding agreement between both the helper and the person being helped and Advantage. Terms such as “we” or “our” and “Company” refer to Advantage and its affiliate entities.
By using this website, you agree to the most-recent Terms as well as the most-recent version of our Privacy Policy. We may change these Terms at any time, and such changes will be posted on this or a similar page of this website. It is your responsibility to review these Terms each time you use this website. By continuing to use this website, you consent to any changes to our Terms.
If you enter into any other agreement with Advantage then these Terms are in addition to the terms of such other agreement.
License to use this website; Content ownership and termination
All test, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the website is owned, controlled or licensed by or to Advantage, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms, no part of the website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication of distribution or for any commercial enterprise without Advantage’s express prior written consent.
Subject to these terms, Advantage grants you a personal, nontransferable, nonexclusive, revocable, limited license to view the Content on the website for the sole purpose of collecting information about Advantage’s services and your use or desired use thereof. You may also print a reasonable number of copies of the Content for your personal use, but in such case you must reproduce all proprietary copyright and trademark notices. All rights, title and interest in and to the website, including the Content, and all intellectual property rights, including all copyright, trademark, patent and trade secret rights therein is owned by Advantage or its licensors and shall remain with Advantage and our licensors and vendors, and no ownership interest is transferred to you or any other entity by virtue of making the Content available on the website, granting the foregoing licenses or entering into this agreement.
Some websites operated by Advantage include trademarks or logos belonging to other third-party licensors and are used pursuant to an agreement with such third parties.
You agree that Advantage may, in its sole discretion and without prior notice, terminate your access to the website and/or block your future access to the website if we determine that you have violated these Terms or other agreements or guidelines which may be associated with your use of the website. You also agree that any violation by of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Advantage, for which monetary damages would be inadequate, and you consent to Advantage obtaining any injunctive or equitable relief that Advantage deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Advantage may have at law or in equity.
In addition, Advantage may terminate this license at any time for any reason. If you breach any of these Terms, your license to the Content terminates immediately. Upon the termination of this license you must stop using this website, including all Content, and destroy all copies, including electronic copies, of the Content in your possession or control.
Restrictions on use of this website
You agree:
Accounts, Passwords and Security
Certain feature or services offered on or through the website may require you to open an account (including setting up a username and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Advantage immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Advantage or any other user of or visitor to the website due to someone else using your username, password or account as a result of your failing to keep your account information secure and confidential.
You must keep your password secret. You should not use anyone else’s username, password or account unless you have their permission to do so.
Posting messages, comments or Content
The website contains areas where users can communicate with each other, including but not limited to, via email, message boards, bulletin boards, calendar, chat areas, or personal web pages. Any such Content is only the opinion of the poster, is no substitute for your own research, and should not be relied upon for any purpose. You agree not to post any Content:
You are solely responsible for the Content of any postings you submit and Advantage assumes no responsibility or liability for any Content submitted by you or any other website visitor. We may, but are not obligated to, restrict or remove any all Content from a message that we determine in our sole discretion violates these Terms or is otherwise harmful to us, our customers, or any third party. We reserve the right to remove the Content you provide at any time but you understand that we may preserve and access a backup-copy and we may disclose the Content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is required by law or in the best interest of Advantage. Advantage has the right but no obligation to monitor or review any part of the website including the user communication areas. However, Advantage shall have no liability related to the Content of any communications made in these areas.
Content you submit on this website will be routed through the Internet and could be viewable by others including other users of this website. You do not, and should not, have any expectation of privacy with regard to any Content you submit. Never assume that you are anonymous and cannot be identified your posts.
If you do post Content or submit material, and unless we indicate otherwise, you grant Advantage a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media. You grant Advantage and any of its sublicensees the right to use the name that you submit in connection with such Content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the Content that you post; that the Content is accurate; that use of the Content you supply does not violate these Term and Condition and will not cause injury to any person or entity; and that you will indemnify Advantage or its affiliates for all claims resulting from Content you supply.
In the event you choose to provide us with any feedback, suggestions, or similar communications, all such messages (collectively, “Feedback Messages”) will be considered non-personal, non-confidential (except for personal information a described in our Privacy Policy) and nonproprietary. You hereby grant Advantage a perpetual, sublicensable, assignable, unrestricted, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, practice, modify, create derivative or collective works, transmit and distribute your Feedback Messages, in whole or in part, and including all intellectual property rights therein.
Changes to Website Content
We may change, add or remove some or all of the Content on this website at any time. In addition, please note that although our goal is to provide accurate information, certain features that may be offered through this website, such as pricing information, ridesharing, ridematching, ride availability or other Content, may not be accurate or up to date. In addition, please note that the features described in this website may change over time as permitted by law.
Links
While visiting this website you may click on a link to other websites and leave this website. We provide links to other websites that may contain information that may be useful or interesting to you. We do not endorse, and are not responsible for, the Content and accuracy of linked websites operated by third parties or for any of your dealings with such third parties. You are solely responsible for your dealings with such third parties and we encourage you to read the terms and privacy policies on such third-party websites.
In addition, Advantage is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from a Advantage website. Accordingly, you acknowledge and agree that Advantage is not responsible for the availability of such external sites or resources, and is not responsible or liable for any Content, services, products, or other materials on or available from those websites or resources.
When you access a non-Advantage website, even one that may contain the Advantage logo, please understand that it is independent from Advantage, and that Advantage does not control the Content on that website. It is up to you to take precautions to protect yourself from viruses, worms, Trojan horses, and other potentially destructive programs, and to protect your information as you deem appropriate.
If you would like to link to this website, you must comply with the following guidelines:
If you would like to use a web crawler or other search tool to gather information from the website, you must comply with all security measurements on the website.
Translations
Certain text in this website may be made available in languages other than English. Text may be translated by a person or solely by computer software with no human intervention or review. These translations are provided as a convenience to you, and Advantage makes no representations or commitments regarding the accuracy or completeness of the translation, whether or not computer-generated or performed by a person.
NO WARRANTIES
ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS. THE COMPANY, ALL THIRD PARTIES, IF ANY, PROVIDING CONTENT FOR THIS WEBSITE, AND ALL THIRD PARTIES PROVIDING SUPPORT OF INFORMATION FOR THIS WEBSITE (COLLECTIVELY, “WEBSITE-RELATED-PARTIES”) HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE WEBSITE-RELATED-PARTIES MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, THE WEBSITE-INFORMATION REGARDING RIDEMATCHING, RIDESHARING, PRICING, ADVANTAGE SERVICES OR RIDE AVAILABILITY IS ACCURATE OR COMPLETE. THE WEBSITE-RELATED-PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEBSITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.
SOME STATES DO NOT ALLOW LIMITATIONS ON IMPILED WARRANTIES, SO ONE OR MORE OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU AGREE THAT NONE OF THE WEBSITE-RELATED-PARTIES SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE CONTENT. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS THE WEBSITE-RELATED-PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. THE TOTAL, CUMULATIVE LIABILITY OF THE WEBSITE-RELATED-PARTIES, INCUDING ALL AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE A MOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $100.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES, IN NO EVENT SHALL THE WEBSITE-RELATED-PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICER, DIRECTORS, EMPLOYEES, AND AGENTS BE LIABLE TO YOU. FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE WEBSITE OR CONTENT ARE EXCLUDED EVEN IF THE WEBSITE-RELATED-PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU USE THIS WEBSITE AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
GOVERNING LAW AND STATUE AND STATE OF LIMITATIONS
THE LAWS OF THE COMMONWEALTH OF VIRGINIA GOVERN THESE TERMS AND ANY CAUSE OF ACTION ARISING UNDER OR RELATING TO YOUR USE OF THE WEBSITE, WITHOUT REFERENCE TO ITS CHOICE-OF-LAW PRINCIPLES. YOU AGREE THAT THE ONLY PROPER JURISDITION AND VENUE FOR ANY DISPUTE WITH ADVANTAGE, OR IN ANY WAY RELATING TO YOUR USE OF THIS WEBSITE, IS IN THE STATE AND FEDERAL COURTS LOCATED IN THE COMMONWEALTH OF VIRGINIA, U.S.A. YOU FURTHER AGREE AND CONSENT TO THE EXERICSE OF PERSONAL JURISDICTION IN THESE COURTS IN CONNECTION WITH ANY DISPUTE INVOLVING ADVANTAGE OR ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS AND PROVIDERS.
EXCEPT WHERE PROHIBITED, YOU AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION DIRECTLY OR INDIRECTLY ARISING OUT OF THE WEBSITE SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO THE WEBITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES, REGARDLESS OF ANY LAW TO THE CONTRARY.
Effective date
The Effective Date of these Terms is February 6, 2015. All prior versions of the Terms of Use or similar agreement are hereby revoked, rescinded and of no further force and effect.
Additional terms
Your obligations under the following sections survive termination of this agreement; Important Note Regarding Agreement and Terms; License to use this website, Content ownership and termination; Restrictions on use of this website; Posting messages, comment or Content; Links; NO WARRANTIES; LIMITATION OF LIABILITY; GOVERNING LAW AND STATUE OF LIMITATIONS; Additional terms, If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition of any other term or condition. Other than as provided in a separate agreement you enter into with Advantage, Advantage will not accept any counter-offers to these Terms, and all such offers are hereby categorically rejected. Advantage’s failure to insist on or enforce strict performance of these Terms shall not be construed as a waiver by Advantage of any provision or any right it has to enforce these Terms, nor shall any course of conduct between Advantage and you or any other party be deemed to modify any provision of these Terms. These Terms shall not be interpreted or construed to confer any rights or remedies on any third subsidiaries, affiliates, officers, directors, employees, and agents, harmless from any claim, demand, or damage, including reasonable attorneys’ fees and costs, arising out of or related to your breach of this agreement or your use or misuse of the Content or website. You may not transfer or assign any rights or obligations under this agreement. Advantage may transfer or assign its rights and obligations under this agreement.
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