Terms of Use

Please read these terms of use carefully. By accessing, using or continuing to use this website you agree to accept and to be bound by all of the terms and conditions contained in these terms of use. If you do not agree to accept and/or do not agree to be bound by all of the terms and conditions contained in these terms of use, then you are not to access, use, or continue to use this website in any way whatsoever.

Use of This site

Evolution Web Development, LLC (the "owner"), owner of the website www.carpoolnewmexico.com (the "site") authorizes you, in your personal capacity only, to access and use the site for your personal, non-commercial use. You may not modify the site or any material and/or content appearing on the site (except, your profile information) in any way, or reproduce or publicly display, perform, or distribute or otherwise use any material and/or information for any other public, private, or commercial purposes. Your right to use the site is subject to any and all terms, conditions, limitations, and restrictions established or that may be established by us from time to time, in our sole and absolute discretion. The owner may, in its sole and absolute discretion, modify, revise, suspend, limit, expand, replace or discontinue any feature, specification, technical standard, content, appearance, functionality, operation, or terms of use of the site, or any part thereof, at any time without notice or liability.

Privacy Policy

Your privacy is important to us. We will never share your personal information with advertisers or anyone else who wishes to communicate with you without your express written permission. The owner collects your name and email address (used as your username), and requests that you create a password and an alias as a condition of registration; no other information is collected unless you submit a contact or feedback form. In all cases, all reasonable precautions are taken to protect your personal information and treat it as sensitive information.

The system that allows users to contact prospective carpool mates is designed to protect users from divulging any personal information until they have determined it is safe to do so. The owner of this website encourages users to exercise appropriate caution in making personal information available to unknown individuals.

Disclaimer

We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on www.carpoolnewmexico.com. We do not endorse any of the users of the service, nor have we taken steps to confirm the accuracy or reliability of any of the information contained in user-provided information. We do not make any representations or warranties as to the security of any information you might be requested to provide another user, and you hereby irrevocably waive any claim against us with respect to user communications and interactions.

18 Years of Age

You represent and warrant that you are 18 (Eighteen) years of age or older.

Copyright

The site and all material and/or content at the site are copyright, and any unauthorized use the site or of any material and/or content at the site may violate copyright, trademark, or other laws. Evolution Web Development owns, or has been granted, all proprietary rights in the site and all material and/or content appearing on the site. You do not, and will not, have any proprietary rights whatsoever to the site or to any material and/or content at the site.

Posting, Transmitting, Content & Information

You agree that by accessing and using this site, that you grant the owner a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display any material and/or content, information, ideas or submissions posted to the site. You further agree that you will have no recourse against the owner for any alleged or actual infringement or misappropriation of any proprietary right in your communications, submissions or postings.

Any content, material, information or other communication transmitted or posted to this site will be considered non-confidential and non-proprietary ("communications"). The owner will have no obligations with respect to the communications. The owner and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.

You are solely responsible for the content of information and or messages sent, published or displayed on the site. The owner does not monitor areas on the site where communications are posted or transmitted, though in the event of a complaint, may review a user's information to to help determine if a user should be banned from the service.

While the owner is not in any way responsible for any content of any communications, the owner reserves the right to delete, move, or edit content, that it, in its sole and absolute discretion, deems abusive, defamatory, obscene, harassing, offensive, in violation of copyright, trademark laws or privacy rights or which otherwise gives rise to civil or criminal liability or is otherwise unacceptable.

In addition to the foregoing, you agree that:

1. You are prohibited from posting or transmitting or receiving any unlawful, threatening, libelous, seditious, defamatory, blasphemous, fraudulent, obscene, pornographic, abusive, infringing or otherwise illegal communications or other material onto, through, or from the site.

2. You are prohibited from using the site to in any manner whatsoever to harass, threaten, abuse, embarrass, or cause distress, unwanted attention, or discomfort to any person or entity. This prohibition extends to any communications, comments or conduct that may be considered vulgar, hateful or racially or ethnically offensive, or otherwise objectionable (any message or conduct that is repeated after warning or notification is given that such conduct is unwelcome constitutes harassment).

3. You will not post or transmit or forward any chain letters, mass mailings, “spam” or “junkmail”, solicitation for funds, advertisements or promotions for any goods or services through the site.

4. You will not use the site to infringe upon the privacy, property or any other rights of any third party.

5. You will not transmit to any other users of the site any messages, pictures, images, recordings, videos or other forms of audio or video streams to or from the site that in any way whatsoever, violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, or is fraudulent or otherwise unlawful or violates any law.

6. You will comply with all applicable local, provincial, federal and international laws, regulations and treaties, and will also comply with generally accepted Internet standards and shall refrain from any abusive use of the Internet in accordance with these Terms as modified from time to time. Visitors place any content on the the site at their own risk. Some content may be lost as a result of a system error or as a result of editing. carpoolnewmexico.com makes no commitments with respect to recoverability of lost data.

7. You will keep all information provided to you through the site as private and confidential and will not give such information to anyone without the permission of the person who provided it to you.

The owner may, in its sole and absolute sole discretion, terminate or suspend your access to all or part of the site and/or associated services at any time, with or without notice, for any reason, including, without limitation, breach of any of the provisions contained in these Terms of Use. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity that may otherwise affect the enjoyment of the site and/or associated services or the Internet by others may be grounds for termination of your access to all or part of the site and/or associated services, and the matter may be referred to appropriate law enforcement agencies.

Indemnification

You are entirely responsible for maintaining the confidentiality of your member name(s), password(s), and your account, as well as all activities that occur under your account. You hereby indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your account. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE WWW.CARPOOLNEWMEXICO.COM OR MATERIALS OR FUNCTIONS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

General Provisions

These terms of use shall be governed by and construed in accordance with the laws of the State of New Mexico and the laws of the United States, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Santa Fe County, New Mexico, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms of use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.