Location
WorkTime
Mo-Fr: 10:00AM - 09:00PM
Sa-Su: 11:00AM - 07:00PM
295 Madison Ave, 12th Floor, New York, 10017, United States
Location
WorkTime
These Terms of Use (“Terms”) set forth the terms and conditions governing your use of the FreeCar service (the “Service”), and your access to and use of the [FreeCar] website (“Site”) or mobile device application (“App” and, together with the Site, the “Platform”) owned or operated by FreeCar LLC, a [Delaware] limited liability company (“FreeCar”, “we” or “us”). The Terms form a legal contract between you and FreeCar, governing your access to and use of the Service and the Platform. Please read the Terms carefully before using the Service. BY CLICKING “I ACCEPT”, YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT TO THESE TERMS OF USE JUST AS YOU WOULD BY SIGNING A PAPER CONTRACT. If you do not agree with and accept these Terms, do not use the Service. Accessing the Site or the App in any manner, whether automated or otherwise, constitutes use of the Platform and the Service, and your agreement to be bound by these Terms. We reserve the right to change these Terms or to impose new conditions on use of the Service or Platform, from time to time, in which case we will post the revised Terms on the Site and the App. By continuing to use the Service or the Platform after we post any such changes, you accept the Terms as modified.
PLEASE READ THESE TERMS OF USE CAREFULLY
We reserve the right to deny access to the Site, the App or the Service to anyone who violates these Terms or who, in our sole judgment, infringes on the rights of others.
FreeCar provides internet resources to connect individuals seeking instruction or training in operating a motor vehicle or motorcycles, or assistance with obtaining a driver’s or operator’s license from a relevant governmental authority in the United States, with participating driving schools and other licensed Driving Schools (the “Driving Schools”). All of the participating Driving Schools are independent contractors, and are not employed by FreeCar. FreeCar itself does not provide any instruction in operating a motor vehicle or obtaining a driver’s license, and does not provide any equipment or other resources for the training purposes or for in connection with obtaining a driver’s license. FreeCar does not provide any vehicle insurance or related underwriting, administration or brokerage services. FreeCar has exercised due diligence in selecting the Driving Schools for participation on the Platform, and has made sure that each Driving School is fully licensed and is in compliance with all applicable legal and regulatory requirements; however, FreeCar does not guarantee the quality of the training to be provided by the Driving Schools. Any good faith disagreement between you and a particular Driving School regarding quality or effectiveness of the training and other services provided to you by such Driving School, should be addressed and resolved directly by you and the Driving School. By registering with the Platform, you agree not to hold FreeCar responsible for any alleged lapses in quality of training or other lapses in services provided by such Driving School that you may experience.
By registering on the Platform, you will have access to a variety of different training packages. In case where you selected a training package that includes a preparation course for the road rules knowledge test (typically, a 5-hour preparation course) or scheduling of an appointment for the road test, you will agree on the time and place for such course or such appointment directly with the Driving School.
By accessing the Site or the App, you will have a choice of various training packages, with different prices (such price, a “Service Fee”). The Service Fee covers FreeCar’s services and the Driving Schools’ services. Once you pay the Service Fee to us, we will transfer to the relevant Driving School the amount of such Driving School’s portion of the Service Fee, as determined in our agreement with such Driving School. The Driving School will not charge you any additional fees for its services. We expect that the Service Fee will cover a course of training in vehicle driving sufficient to pass a road test examination by the appropriate Department of Motor Vehicles or other appropriate governmental authority. If your Driving School determines that you require more time or additional services to develop or further improve your driving skills, the Driving School will discuss and suggest a further training course directly with you, or advise you of the further required steps. The Service Fee is payable whether or not the training results in your obtaining a valid driver’s license or learner’s permit.
FreeCar uses Stripe Payment Processing to administer payment for Services. We will exercise business judgment and commercial due diligence in addressing and resolving any technical issues that may arise due to the use of the Stripe Payment Processing, provided that we disclaim any responsibility for any delays or errors in processing payments that may arise solely by reason of Stripe Payment Processing defects.
Service Fee Payment Return Policy. Please refer to a separate [Service Fee Payment Return Policy][1] If you decide to cancel the training course, change the Service Package [or have to cancel a scheduled appointment]. If you fail to show up for a scheduled training appointment without canceling, or repeatedly cancel and reschedule appointments, or terminate on your own initiative an ongoing training course, the Service Fee will not be refunded.
[1] Intended to be a hyperlink.
FrreeCar arranges for the provision of all Driving Schools’ services you may receive through the Platform. These Driving Schools are independent driving schools and practitioners who design and conduct training and practical instruction at their own discretion, subject to their relevant state and local regulations. FreeCar does not directly provide training and does not knowingly maintain any personal information about you relevant to your operating a motor vehicle (such as your driving or medical history).
FreeCar will collect directly from you some personal information (such as your full name, email address, mobile phone number, [and address][1]). By registering an account and using our Service, you hereby consent to our accessing and storing such limited personal information. FreeCar will use such information exclusively for the purposes of connecting you with an appropriate Driving School.
FreeCar may contact you to provide information about our services or other services related to driving experience or motor vehicles that may be of interest to you.
To access the Service, you must first enroll to establish an individual user account, by providing certain information. With the exception of subaccounts established for children or young adults of whom you are a parent or legal guardian, you agree that you will not create more than one account, or create an account for anyone other than yourself without first receiving permission from the other person. In exchange for your use of the Service and, if applicable, in order for Driving Schools to send notices to you, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by our account enrollment form; and (ii) each time you log on, maintain and promptly update such account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such account information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Service. You represent and warrant that you are at least 21 years of age and possess the legal right and ability, on behalf of yourself or a young adult of whom you are a parent or legal guardian, to agree to these Terms. Our use of any information you provide to us as part of the registration process is governed by the terms of our privacy policy described in the “Privacy Practices” above. By enrollment with the Service, you will give us the right and consent to share your information with prospective Driving Schools licensed or otherwise authorized to provide training in operating of motor vehicles in your State.
[1] To be confirmed.
In order to use the Service, you will need a username and password, which you will receive and/or create through the Site’s or the App’s registration process. We reserve the right to reject or terminate the use of any username that we deem in our sole judgment offensive or inappropriate. You are responsible for maintaining the confidentiality of your password and account, and you are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
We may post on the Platform or provide links to general information resources that may be of interest to you (“Posted Materials”). None of the content on the Platform is an endorsement of any particular training method or guarantees that a particular training method or approach is safe, appropriate, or effective for you.
The Service and the Platform and all the materials available on the Platform are the property of FreeCar and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Service and the Platform are provided solely for your personal noncommercial use. You may not use the Service, the Platform or the materials available there in a manner that has not been authorized by us. More specifically, unless explicitly authorized in these Terms, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Platform. You may, however, from time to time, download and/or print copies of individual pages of the Site or the App for your personal, non-commercial use.
Subject to these Terms, FreeCar hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the software, network facilities, content and documentation on the Site and/or the App to the extent, and only to the extent, necessary to access and use the Service.
The license granted herein does not permit you, and you agree not to: (a) modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Service or allow a third party, whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities), to modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Service; or (b) transfer, distribute, sell, lease, rent, disclose or provide access to the Service to any third party or use the Service to provide services to third parties.
You agree not to access or use the Service in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes this Agreement. You shall not post, use, store or transmit (a) a message or information under a false name; (b) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; or (c) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You shall not attempt to disrupt the operation of the Service by any method, including through use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming. You shall not use the Service in any manner that could damage, disable or impair the Service. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, bot, scraper or other means to access the Service for any purpose.
The information contained in any company directories that may be provided on the Platform is provided for business lookup purposes and is not to be used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided “AS IS” without warranty of any kind. In no event will we or our suppliers be liable in any way with regard to such information.
We may suspend or terminate your access to the Service at any time, for any reason or for no reason at all. We have the right to refuse to provide access to the Service to any person, agency or organization at any time, for any reason or for no reason at all, in our sole discretion. In the event that we suspend or terminate your access to and/or use of the Service, you will continue to be bound by the Terms that were in effect as of the date of your suspension or termination. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service, the Site, the App or any portion thereof, with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service, the Site, the App or any portion thereof.
Throughout our Platform, we may have provided links and pointers to Internet sites maintained by third parties. Our linking to any such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor our parent or subsidiary companies nor any of our respective affiliates operate or control in any respect any information, products or services that such third parties may provide on or through the Platform or on websites linked to by us on the Platform.
THE SERVICE AND THE INFORMATION OFFERED ON, BY OR THROUGH THE Platform ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT ACCESS TO THE SERVICE OR THE Platform, OR ANY OF THEIR FUNCTIONS, WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. WE DO NOT MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SERVICE, THE Platform OR ANY OF THE INFORMATION CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND THE Platform, AND YOUR RELIANCE UPON ANY OF ITS CONTENTS, IS AT YOUR SOLE RISK.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE, THE Platform OR MATERIALS ON THE Platform OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
You must provide and are solely responsible for all hardware and/or software necessary to access the Site [or the App, as applicable]. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.
Your interactions with companies, organizations and/or individuals found on or through our Platform, including any communications, purchases, transactions, or other dealings, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such companies, organizations and/or individuals. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. You also agree that, if there is a dispute between a user of the Services and any third party (including any Driving School), we are under no obligation to become involved, and you agree to release us and our affiliates from any claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute and/or our Platform.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE OR OUR OFFICERS, DIRECTORS, SUBSIDIARIES, PARENT COMPANIES OR OTHER AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE OR THE Platform, OR YOUR INABILITY TO USE THE SAME, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF WE OR SUCH AFFILIATES HAVE BEEN ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SERVICE OR THE Platform, OR WITH ANY OF THE SERVICE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
You agree to indemnify and hold harmless us, our affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of your use of the Service or the Platform, violation of these Terms by you or any other person using your account, or your violation of any rights of another person. You will not settle any indemnified claim without our prior written consent, such consent not to be unreasonably withheld. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us.
If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Site or the App in a manner that constitutes copyright infringement, please inform us by e-mail to FreeCarLLC@Gmail.com. Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in these Terms or on the Platform.
Entire Agreement. These Terms, together with the Service Fee Return Policy, which is incorporated herein by this reference, constitutes the entire agreement between us and you with respect to the subject matter hereof. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Platform. In the event of any conflict between any such third-party terms and conditions and these Terms, these Terms will govern.
Governing Law; Waiver of Jury Trial. This agreement will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law that would apply the law of another jurisdiction. Use of the Service or the Platform is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph. To the extent a claim is not governed by the paragraph entitled “Binding Arbitration” below (the “Arbitration Clause”), FreeCar and you each hereby waive the right to a trial by jury in any court and in any suit, action or proceeding, whether in tort, contract, or otherwise, in which any such party is a party, as to any claim arising out of or in connection with these Terms, your or FreeCar’s rights and obligations under these Terms, the Service, the Platform, use of the Platform and/or the services and/or products that may be provided by or through or in connection with the Platform.
No Assignment; No Beneficiaries. This agreement is personal to you, and you may not assign it to anyone. If any provision of this agreement is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this agreement and will not affect the validity and enforceability of any remaining provisions. These Terms are not intended to benefit any third party, and do not create any third-party beneficiaries. Accordingly, these Terms may only be invoked or enforced by you or us.
Claim Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to (i) use of the Service or of the Platform, or (ii) these Terms, must be filed by you within one year after such claim or cause of action arose or be forever barred.
No Waiver. The failure of FreeCar to enforce any provision of these Terms will not be construed as a waiver or limitation of FreeCar’s right to subsequently enforce and compel strict compliance with that provision or any other provision of these Terms.
Binding Arbitration.
Arbitration of Disputes. You and FreeCar each agree to submit to binding arbitration in the event of a dispute, controversy or claim (each, a “Dispute”) arising out of or in connection with these Terms or the breach, termination, enforcement, interpretation or validity thereof (including the determination of the scope or applicability of these Terms to arbitrate), your or FreeCar’s and obligations under these Terms, the Service, the Platform, the use of the Platform, and/or the information, services and/or products that may be provided by or through or in connection with the Platform. The arbitration will be held in the State of New York before one arbitrator on an individual basis and not as a class action. You expressly waive any right you may have to arbitrate a dispute as a class action. You also expressly waive your right to a jury trial. The arbitration will be administered by JAMS (http://www.jamsadr.com). You may obtain a copy of the rules of JAMS by contacting the organization. You and FreeCar shall agree on one arbitrator to conduct the arbitration. In the event the parties cannot agree on an arbitrator, the arbitrator will be selected in accordance with the JAMS rules. Each party shall be responsible for its own attorney, expert and other fees, unless such fees are awarded by the arbitrator to the prevailing party. Notwithstanding anything to the contrary in this Section, to the extent you have in any manner violated or threatened to violate FreeCar’s or its affiliates’ intellectual property rights, we may seek (and you will not contest) injunctive or other appropriate relief in any state or federal court with jurisdiction over FreeCar or the Platform, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration Final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state law concerning arbitration, governs all arbitration under this clause. Any court having jurisdiction may enter judgment on the arbitrator's award. If any part of this clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. Notwithstanding anything to the contrary contained herein, if the waiver of class action rights contained herein is not enforceable as to any person or persons, such non-enforceability shall apply to such person or persons only, and all other persons shall continue to be governed by the Arbitration Clause.
Giving Up Right of Class Action. These Terms provides that all Disputes will be resolved by binding arbitration and not in court or by jury trial. IF A DISPUTE IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST FREECAR AND ITS AFFILIATES, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. WITHOUT LIMITATION, THIS INCLUDES GIVING UP YOUR RIGHTS TO BRING OR PARTICIPATE IN A CLASS ACTION AS SET FORTH IN ANY STATE STATUTE.
We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, including personally identifiable information, or to edit, refuse to allow or to remove any information or materials, in whole or in part, in our sole discretion.
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