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arkRide.com Terms and Conditions

DESCRIPTION OF SERVICE

ASSUMPTION OF RISK, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

PLEASE READ CAREFULLY!

Description of arkRide.com

arkRide.com is an online system that provides a method whereby individuals interested in carpooling (and/or other ridesharing modes) may voluntarily contact each other via an online bulletin board. The online carpool matching system provides a virtual bulletin board available to the general public that allows you as an individual to find and accept carpooling arrangements at your own discretion.

The purpose of arkRide.com is to facilitate extensive ridesharing in central Arkansas, thereby reducing traveler cost, traffic congestion, motor vehicle emissions, and commuter stress. The main objective of arkRide.com is to facilitate ridesharing by commuters when traveling to/from employment sites. A lesser objective is to facilitate ridesharing to/from colleges and universities, special events, and for other trip purposes.

arkRide.com matching services are available to anyone with an origin and/or a destination within the following four counties in central Arkansas: Pulaski, Faulkner, Lonoke and Saline (as shown in the map below).

This online system is being offered by Metroplan as a public service and is free of charge to individual users of arkRide.com. You must be at least 18 years of age to register and become a user of arkRide.com.

Voluntary Nature of System & Assumption of Risk

Users of arkRide.com are advised that the use of this system is voluntary and entirely at the discretion of participants. No background checks of carpool participants, including driver record checks or insurance checks, are undertaken by arkRide.com or Metroplan. In addition, we do 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. We recommend that participants exercise caution when selecting a potential carpool partner. By participating in the arkRide.com system, you are agreeing that you are entirely responsible for your own safety when using the system to find and accept ridesharing arrangements. Metroplan assumes no responsibility for the accuracy, currency or reliability of the content of websites external to arkRide.com. Links to external sites do not imply official approval of the content of the sites or the organizations hosting them by Metroplan.

Participants’ Responsibility for Insurance

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. arkRide.com and Metroplan are in no way responsible for verifying or certifying the reliability, driving ability or insurance status of drivers and participants using the system.

Waiver of Claims & Indemnification

arkRide.com and Metroplan take no responsibility for any personal injuries, deaths, property damages, financial losses or other damages or losses that may result from the use of arkRide.com. By participating in the arkRide.com system, you hereby agree to waive any and all claims that you have or may have in the future against Metroplan and to release Metroplan from any and all liability for loss, damage, expense or injury including death that you, your next of kin or a third party may suffer as a result of your participation in or involvement in the arkRide.com program. You hereby also agree to indemnify and hold harmless Metroplan from any and all liability for personal injury, death, property damages and any other loss, and resulting claims or actions, arising from your participation in or involvement in the arkRide.com program.

Protection of Privacy Statement

Metroplan will not sell, lease, or disclose personal information to private businesses, organizations, or individuals, unless required to do so by applicable law. Personal information is being collected for the purpose of matching arkRide.com users only. However, 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 arkRide.com. For more information, please review our full Privacy Statement.

Reliance Upon Information and Password

To be a registered user of arkRide.com you must complete the registration process by providing current, complete and accurate information as prompted by the online system’s user interface. You agree to maintain and update this registration data as required to keep it current, complete and accurate. When you register you will select 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 we can reasonably rely upon any use of your password, including for our disclosure of information relating to your registration data. You should notify arkRide.com 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 Metroplan from any claim and won’t make any claim against in respect of or arising from any reasonable reliance by Metroplan upon any use of your password, including disclosing personal information relating to your registration data. You agree to indemnify and hold Metroplan, its officers and employees harmless from any claims, actions, costs (including legal costs), or losses by Metroplan or any third party due to or arising out of reasonable reliance by Metroplan 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:

  • You will not use your access to arkRide.com, or any rideshare organized directly or indirectly through arkRide.com, for any purpose that is unlawful or prohibited by the Terms of Use;
  • You will use your access to arkRide.com solely to arrange rideshares for your own purpose and will not use arkRide.com for any other purpose including arranging rideshares on behalf of any other person;
  • You will not use arkRide.com 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 for the purpose of misleading others;
    • transmit or upload any material that contains harmful or deleterious computer programs (including, without limitation, viruses, trojan horses, worms, time bombs or cancelbots);
    • 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 arkRide.com or violate the regulations, policies or procedures of such networks;
    • attempt to gain unauthorized access to arkRide.com, other accounts, computer systems or networks connected to arkRide.com, through password mining or any other means; or
    • interfere with another person’s use of arkRide.com services.
  • 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

Metroplan may modify, suspend or discontinue any or all of the contents of arkRide.com from time to time in our absolute discretion.

Termination

We may terminate your access to arkRide.com 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 arkRide.com you should notify us that you have terminated your membership. Upon termination, your right to use arkRide.com services immediately ceases.

Communications from arkRide.com

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

Copyright and Limited Reproduction Notices

The contents of arkRide.com are the copyright of Metroplan and Rideshark, a division of SurveyPeople Corporation. No part of arkRide.com 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 arkRide.com 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 computer extracts from arkRide.com only for your own use.

Amendment

Metroplan 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 arkRide.com. By using arkRide.com after we have posted notice of such modifications, alterations or updates you agree to be bound by such revised terms.

Linking

The contents of arkRide.com may include links to third party materials (“linked sites”). Metroplan 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 necessarily imply our endorsement of the site or any association with their operators. We reserve the right to prohibit links to arkRide.com and you agree to remove or cease any link upon our request. You may not frame any part of arkRide.com material by including advertising or other revenue generating material.

Law

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

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 arkRide.com or these Terms of Use, or wish to report unauthorized use of your password or wish to terminate your registration please contact us.

Extension of this Agreement to SurveyPeople Corp.

You hereby also agree to extend this ASSUMPTION OF RISK, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT to SurveyPeople Corp., developers of arkRide.com and service providers for arkRide.com, in its entirety and without restriction. You agree to indemnify and hold harmless SurveyPeople Corp, from any and all liability for personal injury, death, property damages and any other loss including but not limited to, financial, physical or emotional, and resulting claims or actions, arising from your participation in or involvement in the arkRide.com program.