Terms of Use

Last Updated: October 9th, 2018

Version 1.4

 

ACCEPTANCE OF TERMS OF USE

These terms of use are entered into by and between You and Blucar, LLC d.b.a. Commutifi (the “Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of commutifi.com, the Commutifi App, any mobile application of commutifi.com, and other Internet sites on which these Terms of Use are posted, including any content, functionality, the services or features offered on or through Commutifi.com (the “Application”).

 

Please read the Terms of Use carefully before you start to use the Application. By using the Application or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at http://www.commutifi.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Application.

 

This Application is offered and available to users who either (i) 18 years of age or older; or (ii) are 16 years of age or older and have consent of a parent or guardian to use this Application, and reside in the United States or any of its territories or possessions.  By using this Application, you represent and warrant that you are of legal age to form a binding contract with the Company, or have the consent of a parent or guardian to do so, and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Application.

 

TERMS

CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Application thereafter. Your continued use of the Application following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

 

USE OF CONTENT

The content contained on the Application, such as text, graphics, images, audio, video and other material, as well as the domain names, tagline, organization and user look-and-feel (collectively, the "Content"), is protected by copyright, trademark and other such laws in the United States and foreign countries, and is owned or controlled by the Company or by third parties that have licensed their Content to the Company. Unauthorized use of the Content may violate copyright, trademark, and other laws. Where a Application is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that (a) you retain all copyright and other proprietary notices contained in the original Content, (b) you may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the prior written permission of the Company, and (c) you may not use the Content in a manner that suggests an association with any of our products, services or brands.

 

You may not, without the prior written permission of the Company, "mirror" on any other server any material contained on the Application. The use of the Content on any other website, application, or in a networked computer environment for any purpose is prohibited, without the express written permission of the Company. The trademarks, logos and service marks (the "Marks") displayed on the Application are owned by the Company or third parties. You are prohibited from use of those Marks without the express, written permission of the Company or such third party. If you would like information about obtaining the Company’s permission to use the Content on your website, e-mail [email protected]

 

In the event that we offer downloads of software on a Company Application and you download such software, the software, including without limitation any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") is licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. UNLESS OTHERWISE SPECIFICALLY AND EXPRESSLY STATED ELSEWHERE, WE HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED OR STATUTORY.

 

WE SHALL NOT BE LIABLE FOR (1) ANY INACCURACY, ERROR IN OR FAILURE OF THE SOFTWARE; (2) ANY LOSS OR DAMAGE (INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES) ARISING FROM ANY DOWNLOAD OR USE MADE OF THE SOFTWARE, OR OCCASIONED BY ANY SUCH INACCURACY, ERROR OR FAILURE OF THE SOFTWARE. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER APPLICABLE LAW, THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. In New Jersey, this limitation of liability does not apply to intentional or reckless acts or gross negligence on the part of the Company.

 

PUBLIC FORUMS AND COMMUNICATIONS

"Public Forum" means an area, site or feature offered as part of any Application that offers the opportunity for users to submit content ("User Submissions") for viewing by one or more Application users, including without limitation a message board, forum, social community environment, conversation page, or blog.

 

You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any User Submission to a Public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures voluntarily and at your own risk. You should use good judgment when posting information, remarks or other content regarding other users, service providers, the Company or any other third party. You may be held legally responsible for damages suffered by other users, the Company or third parties as a result of legally actionable or defamatory comments, remarks or other information or content which you post to the Application. We are not legally responsible for any User Submissions, even if a User Submission is defamatory or otherwise legally actionable.

 

You are and will remain solely responsible for the User Submissions you distribute on or through any Application in any Public Forum and for the consequences of submitting and posting same. We have no duty to monitor any Public Forum. You will be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from a User Submission. By submitting material to the Application, you automatically grant, or warrant that the owner of such material has expressly granted, the Company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright or other rights that may exist in such material. You also permit any other user to access, view, store or reproduce the material for that user's personal use. You hereby grant the Company the right to edit, copy, publish and distribute any material you make available on our Applications.

 

You acknowledge that your use or reliance upon any User Submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice, or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith. We do not confirm nor verify the qualifications, background, or abilities of users or the information they post in any Public Forum. Therefore, we recommend that you be careful and exercise common sense and good judgment when using any Application or Public Forum.

 

Rules of Conduct: you agree that you will not submit any User Submission on any Company Application  that:

  • is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person;

  • is bigoted, hateful, or racially or otherwise offensive;

  • is violent, vulgar, obscene, pornographic or otherwise sexually explicit, or otherwise harms or can reasonably be expected to harm any person or entity;

  • is likely to cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, deceive, or annoy any other person;

  • gives the impression that it emanates from or is endorsed by us or any other person or entity, if this is not the case

  • is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a User Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;

  • infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;

  • is commercial, business-related or advertises or offers to sell any products, services, activities, contests, sweepstakes, sales promotions, advertising, or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);

  • contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Applications or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Applications;

    • (a) does not generally pertain to the designated topic or theme of the relevant Public Forum; (b) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet; or

    • is false or misleading.

 

We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

 

We reserve the right, but disclaim any obligation or responsibility, to refuse to post or communicate or remove any User Submission from any Application that violates these Terms of Use (including the Rules of Conduct).

 

ACCESSING THE APPLICATION AND ACCOUNT SECURITY  

We reserve the right to withdraw or amend this Application, and any service or material we provide on the Application, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Application is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Application, or the entire Application, to users, including registered users.  You are responsible for: (a) making all arrangements necessary for you to have access to the Application; and (b) ensuring that all persons who access the Application through your internet connection are aware of these Terms of Use and comply with them.

To access the Application or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Application that all the information you provide on the Application is correct, current, and complete. You agree that all information you provide to register with this Application or otherwise, including but not limited to through the use of any interactive features on the Application, is governed by our Privacy Policy http://www.commutifi.com/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

 

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Application or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph.

 

We have the right to disable, suspend, or terminate any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

 

PROHIBITED USES 

   You may use the Application only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Application:

 

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.

  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Application, or which, as determined by us, may harm the Company or users of the Application or expose them to liability.

 

   Additionally, you agree not to:

 

  • Use the Application in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Application, including their ability to engage in real time activities through the Application.

  • Use any robot, spider, or other automatic device, process, or means to access the Application for any purpose, including monitoring or copying any of the material on the Application.

  • Use any manual process to monitor or copy any of the material on the Application or for any other unauthorized purpose without our prior written consent.

  • Use any device, software, or routine that interferes with the proper working of the Application.

  • Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Application, the server on which the Application is stored, or any server, computer, or database connected to the Application.

  • Attack the Application via a denial-of-service attack or a distributed denial-of-service attack.

  • Otherwise attempt to interfere with the proper working of the Application.

 

RELIANCE ON INFORMATION POSTED

The information, services, and tools that are presented on or through the Application are made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. The Application and the Company do not guaranty that the information and tools will work under any and all circumstances. The user is solely responsible for protecting their own property and cannot rely on the information, services, and tools. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Application, or by anyone who may be informed of any of its contents.

 

This Application may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

CHANGES TO THE APPLICATION  

We may update the content on this Application from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Application may be out of date at any given time, and we are under no obligation to update such material.

 

INFORMATION ABOUT YOU AND YOUR VISITS TO THE APPLICATION

All information we collect on this Application is subject to our Privacy Policy http://www.commutifi.com/privacy-policy. By using the Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

ONLINE PURCHASES AND OTHER TERMS AND CONDITIONS

All purchases through our site or other transactions for the sale of goods or services or information  formed through the Application or resulting from visits made by you are governed by our Terms of Sale provided at the time of purchase, which are hereby incorporated into these Terms of Use.

 

Additional terms and conditions may also apply to specific portions, services or features of the Application. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

 

LINKING TO THE APPLICATION AND SOCIAL MEDIA FEATURES

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express consent.

 

This Application may provide certain social media features that enable you to:

 

  • Link from your own or certain third-party websites to certain content on this Application.

  • Send emails or other communications with certain content, or links to certain content, on this Application.

  • Cause limited portions of content on this Application to be displayed or appear to be displayed on your own or certain third-party websites.

 

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

 

  • Establish a link from any website that is not owned by you.

  • Cause the Application or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

  • Otherwise take any action with respect to the materials on this Application that is inconsistent with any other provision of these Terms of Use.

 

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

 

We may disable all or any social media features and any links at any time without notice in our discretion.

 

LINKS FROM THE APPLICATION

If the Application contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Application, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

PAYMENTS

We may provide payment services through the platform in order to help you transact with other applications and third parties. We do not control such interactions and payments and we have no liability for any fees, charges, or payments that are required by that third party. We are not liable for the actions of any third party contractors in any way. You are responsible for paying any and all applicable fees (including subscription fees) as set forth in any agreement entered into (i) through the Application (including for any mobile application or goods or services provided by a user or third party vendor) or (ii) by clicking through to a third party website and agreeing to payments, including applicable taxes associated with the Application in a timely manner. Additionally, you are responsible for all charges incurred under your account made by you or anyone who uses your account. If your payment method fails or you are past due on amounts owed, we may collect fees owed using other collection mechanisms. Your account may be deactivated without notice to you if payment is past due, regardless of the dollar amount. You are also responsible for paying any taxes imposed on your use of the Application or any services contained therein (including for any third party service), including, but not limited to, sales, use or value-added taxes. To the extent the Company is obligated to collect such taxes, the applicable tax will be added to your billing account.

 

You expressly authorize us to debit or credit any monies from the payment method you have chosen. Authorization to charge your chosen payment method account will remain in effect until you cancel or modify your preferences within the Application; provided, however, that such notice will not affect charges submitted before we could reasonably act. The vendor shall be responsible for all fees associated with the processing of the payment method, including payment processing and associated bank fees.

Purchases made through the Application (including for any third party service) may be processed through a third-party payment processor or other payment service provider (each, a “Payment Processor”). If applicable, you may be provided a notice when entering your payment information directing you to such Payment Processor’s terms of use and privacy policy, and all payments are governed by such terms of use and privacy policy. There are no refunds for cancellation except (a) as expressly set forth herein, and/or (b) as required by applicable law. In the event that we suspend or terminate your account or these Terms of Use, you understand and agree that you shall receive no refund or exchange for any transactions, unused time on a subscriptions, license or subscription fees, content or data associated with your account or for anything else.

You agree to contact the third party who purchased or sold the goods or services directly with all inquiries regarding such purchased goods or services. We have no obligation to handle or facilitate the handling of any disputes between you and any third parties. For avoidance of doubt, any disputes directly with us shall be handled in accordance with these Terms of Use.

 

GEOGRAPHIC RESTRICTIONS

The owner of the Application is based in the state of Colorado in the United States. We make no claims that the Application or any of its content is accessible or appropriate outside of the United States. Access to the Application may not be legal by certain persons or in certain countries. If you access the Application from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Application will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY APPLICATION LINKED TO IT.

 

YOUR USE OF THE APPLICATION, ITS CONTENT, THE FEATURES, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION IS AT YOUR OWN RISK. THE APPLICATION, ITS CONTENT, AND THE FEATURES, SERVICES, OR ITEMS OBTAINED THROUGH THE APPLICATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APPLICATION. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE APPLICATION, ITS CONTENT, OR ANYOR ITEMS OBTAINED THROUGH THE APPLICATION, INCLUDING FEATURES AND OTHER SERVICES, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.  

 

YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR FEATURES OR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU. FURTHER, YOU AGREE THAT WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR APPLICATION WHICH PREVENT ACCESS TO OUR APPLICATION TEMPORARILY OR PERMANENTLY.  

 

WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE APPLICATION WILL WORK AT ALL TIMES AND IN ALL PLACES, THAT NOTIFICATIONS WILL BE RECEIVED IN A TIMELY MANNER, THAT YOUR VEHICLE AND EQUIPMENT WILL NOT BE DAMAGED WHILE YOU ARE USING THE APPLICAATION.  IT IS YOUR RESPONSIBILITY AT ALL TIMES TO OPERATE YOUR VEHICLE IN A SAFE MANNER.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APPLICATION, ANY APPLICATIONS LINKED TO IT, ANY CONTENT ON THE APPLICATION OR SUCH OTHER APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

RELEASE

You hereby release and forever discharge us, our successors and assignees, our affiliates and each of the foregoing’s respective directors, officers, employees and agents (collectively, the "Releasees") from and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Website users or third party sites, including any third party site content, and any and all liability, costs, expenses, losses, damages (including damage to property or personal injury or death) and claims, whether known or unknown, which may arise from (i) you conducting, participating in, attending, or authorizing an event created on the Services or (ii) from the acts or omissions of third parties you interact with through the Services (collectively the “Released Claims”).

 

In furtherance of the foregoing, and only with respect to the Released Claims, you waive your rights under California Civil Code Section 1542 which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

 

 

INDEMNIFICATION  

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Application, including, but not limited to, any use of the Application’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Application.

 

GOVERNING LAW AND JURISDICTIONS

All matters relating to the Application and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction).  Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado in each case located in the City of Denver and County of Denver although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

ARBITRATION  

At Company’s sole discretion, it may require You to submit any disputes arising from the use of these Terms of Use or the Application, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Colorado law.

 

Limitation on Time to File Claims  

 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

WAIVER AND SEVERABILITY

No waiver of by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

ENTIRE AGREEMENT

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Blucar, LLC d.b.a. Commutifi, regarding the Application and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Application.

 

YOUR COMMENTS AND CONCERNS

This Application is operated by Blucar, LLC d.b.a. Commutifi.  All other feedback, comments, requests for technical support, and other communications relating to the Application should be directed to: [email protected]

 © Commutifi