Welcome to Duet! Duet is the online and mobile services provided by Dashboard Story, Inc. (the "Company", "we", "us" or "our"). This agreement (the "Agreement") describes your rights and responsibilities as a Duet user ("you" or "your"), and what you can expect from us. By signing up for a Duet account, you hereby expressly acknowledge and agree to be bound by the terms and conditions of the Agreement, and any future amendments and additions to this Agreement as published from time to time at terms.
1. THE SCOPE OF DUET SERVICES
The Duet services enable users to find and communicate with each other to arrange carpools or share rides for the purpose of daily commuting. The Duet services are delivered through web and mobile applications that are developed and distributed by the Company. The Duet services are not transportation services. The Company neither provides transportation services nor is a transportation carrier. It is up to Duet users to decide with whom, how and when they want to carpool or share their commute rides. The Company offers information and a method to connect users, but does not and does not intend to provide transportation services or act in any way as a transportation carrier, and has no responsibility or liability for any transportation services provided to you by other users or third parties.
2. PERSONAL RESPONSIBILITIES
You must keep your accounts and passwords confidential and not authorize any third party to access or use the Duet services on your behalf. You may not transfer your account to any other person or entity. You may acquire information pertaining to others using the Duet services. You may not disclose the personally-identifiable information of another user that you acquire using the Duet services to any third party without the consent of such other user after adequate disclosure, with the exception of reporting unlawful activity to authorized law enforcement personnel.
You will have the option to perform certain verifications of yourself, such as verifying your mobile phone number, email account, Facebook account, and LinkedIn account. We highly recommend you perform these verifications, which are factored into other users' consideration of carpooling with you. We use the application programming interface (API) or software development kit (SDK) of the respective third parties to conduct these verifications of you. We will NOT disclose any information about you that is released by these third parties by default without your permission.
As a Duet user, you will be introduced to other users who signed up for Duet services for the purposes of carpooling or sharing rides for daily commuting. We rely on our users for the accuracy of their personal and commute information. We cannot and do not assess the suitability of Users. We have little or no control over the truth or accuracy of the information Users may provide, the ability of Users to drive legally and safely, the condition of their vehicles, their criminal background, etc. We do not verify that a User has met all the eligibility requirements for the Duet services or that any other part of a User's profile information is true and accurate, or even that a User is who they claim to be. Background or other checks are not normally performed unless stated in our web or mobile applications; even where email, mobile number or other checks have been performed, we cannot guarantee that the results of those checks are accurate or up to date. You are solely responsible for selecting the individuals and/or entities with whom you travel. If you do not feel comfortable sharing a ride for any reason, you should use another means of transportation. You acknowledge and agree that under no circumstances will the Company or its Duet services have any responsibility, liability or obligation with respect to any of the trips that you may take as a result of using the Duet services.
We ask that all of our users be at least 22 years old. If you are under 22 years old, please do not use Duet services. You must not have committed any felony or serious criminal offense (including but not limited to a sexual offense and/or a violence-related offense) ever, nor any misdemeanor within the past three (3) years.
If you have a vehicle for commuting and are willing to give rides to other Duet users, you must have a current and valid driver license, carry all insurance required by law in order to operate a motor vehicle in the state/county/country where your vehicle is registered, carry liability insurance that covers bodily injury to all occupants of your vehicle, have NO record of convictions for serious driving offenses, and be medically fit to act as a driver. You follow prescribed manufacturer preventative and maintenance standards for the vehicle(s) you use. In addition, you have volunteered to be a driver for other Duet users, and have not been designated by a group or company as a driver and receive no compensation from a group or company for driving; and you are an independent party participating, with others, in a voluntary, not-for-profit, ridesharing arrangement.
Users are advised to check with their insurance provider to ensure that their coverage extends to carpooling and ridesharing. If at any time you do not meet or do not continue to meet the eligibility requirements listed in this section, you must notify us immediately at firstname.lastname@example.org, and you will have no right to use or continue to use the Duet services. The Company reserves the right, in its sole discretion, to refuse or deny access to the Duet services to any individual for any reason or no reason.
4. TECHNICAL REQUIREMENTS
Users must download the Duet mobile phone application to use the Duet services. If you're driving, you are advised to adhere to regulations and legislation relating to the use of mobile and cell phones while driving. For using mobile phone applications to access the Duet services, you will need a mobile device that is compatible with the Duet mobile application. The device and OS compatibility specifications are listed under the Duet mobile application in the Apple/iTunes? Apps Store. You are responsible for paying all fees that your service provider may charge you for using the Duet mobile application through your mobile device.
5. CARPOOL ARRANGEMENT
In the Duet mobile application, you can contact other Duet users to arrange carpools with them, and vice versa. To do so, you will use the "Ask for a ride" or "Request a ride" option in the user profile of the user that you select. After choosing these options and suggesting a time to carpool, the Duet services will automatically send your request as well as several pieces of your information to that user to help him or her make a decision. The information about you that is sent to the other user is your first name, first initial of your last name, your commute schedule and suggested carpool date, the county names of your commute locations, your profile photo, and your verification status. It's solely upon the recipient user to decide whether or not he or she wants to respond, accept or decline your request or inquiry. Neither you nor the other user is obligated to respond or accept the request or offer. If the other user accepts your request, then you and the other user are responsible for making your own carpool arrangements, coordinating and conducting your own carpool. Neither the Duet services nor the Company is responsible for arranging, coordinating or conducting carpools for the users. In addition, neither the Duet services nor the Company facilitates any monetary transaction between and among the users.
6. THIRD PARTY MARKETING
7. USER DISPUTES
We are not involved in and are in no way responsible for any actual dealings between you and other users who use the Duet services. We will not be a party to disputes, nor will we negotiate disputes between users. We encourage you to report all disputes with other users to your local law enforcement authorities.
8. ACCEPTABLE USE
You must NOT:
- mislead other users by providing inaccurate information;
- use any automated process or service (such as a bot, a spider, or metasearching) to access or use the Duet services;
- damage, disable, overburden, or impair the Duet services (or any network connected to the Duet services);
- resell or redistribute the Duet services, Duet software or any part of it;
- use any unauthorized means to modify, reroute, or gain access to the Duet services; nor
- harm or disrupt another user's computer or illegally access software or bypass security on websites, or servers, including but not limited to spamming.
You agree that you will NOT upload, post, transmit, transfer, distribute or facilitate distribution of any content (including text, images, sound, video, data, information or software) or otherwise use the Duet service in any way to:
- harass, defame, intimidate or threaten another user, person or organization;
- interfere with another user's rights to privacy;
- distribute chain letters, surveys or contests;
- post any material that is defamatory, obscene or indecent;
- post any trademarks, logos or copyrighted material without the authorization of the owner;
- post any materials that may damage the operation of a computer (such as a virus, worm or trojan horse); or
- advertise or sell any goods or services.
9. INTELLECTUAL PROPERTY
The Duet services and Duet software (mobile and web) are the property of the Company and are protected by copyright law and other intellectual property rights. The structure, organization and code of the Duet services and Duet software are proprietary to the Company. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights or licenses to the Duet services or Duet software; all rights not expressly granted are reserved by the Company. You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, underlying ideas, underlying user interface techniques or algorithms of the Duet services or Duet software by any means whatsoever, directly or indirectly, and you may not disclose any of these either publicly or to a third party.
If you provide or communicate any suggestions for improvements to the Duet services, the Duet mobile or web applications (collectively, "Feedback"), you hereby irrevocably assign to the Company all rights, title and interest in and to the Feedback, without restriction or any obligation of compensation.
10. NO WARRANTY
We will use all reasonable efforts to provide the Duet services in a reliable and secure way – however, as with any other software application, events which may cause disruption to our services are always possible due to issues with our software, unforeseen events such as accidents or intentional interference. In no event will the Company be liable for any claims or damages, consequential loss, lost profits, special, indirect, incidental, or punitive damages arising out of such disruptions. THE DUET SERVICES ARE PROVIDED ON AN "AS IS" BASIS "WITH ALL FAULTS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. TO THE FULL EXTENT PERMITTED BY LAW, THE COMPANY AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE DUET SERVICES DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, WORKMANLIKE EFFORT, LACK OF NEGLIGENCE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE OPERATION OF THE DUET SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. The Company's entire liability and your exclusive remedy for errors or unavailability of the Duet services will be, at the Company's discretion, to attempt to correct or work around errors, or to correct or modify documentation of the Duet services.
11. MODIFICATIONS TO SERVICES
The Company reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, all or any part of the Duet services, in its sole discretion. You agree that the Company will not be liable to you for any modification, suspension or discontinuance of the Duet services.
12. TERM AND TERMINATION
This Agreement begins on the date you complete your registration for the Duet services and accept this Agreement, and continues in effect indefinitely until terminated by either party. You may terminate this Agreement at any time, for any reason, by notifying us at email@example.com. We may terminate this Agreement or suspend your user account and/or access to the Duet services at any time, for any reason, without notice. Upon termination of this Agreement for any reason, all of your rights to access the Duet services and your user account will terminate. All provisions of this Agreement that should naturally be interpreted to survive termination will survive.
13. LIABILITY LIMIT
You agree to release the Company from all claims, demands and damages (actual, threatened; consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any service provided by the Duet services. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
You agree to indemnify and hold the Company harmless from any loss, liability, claim or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of your use of the Duet services.
This Agreement does not create any agency, partnership, joint venture, employment or franchise relationship. Any unenforceable portion of this Agreement shall be enforced to the maximum extent possible, and the remaining portions shall be given full effect. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a circumstance beyond our control. You represent and warrant that you are not (i) located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, nor are you (ii) listed on any U.S. Government list of prohibited or restricted parties.
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