Summary

Welcome to Goose Networks! At Goose Networks (“Goose”) we run commute management programs for organizations to promote the use of drive-alone alternatives. A Goose program ("Site") can include information on public transportation, private shuttles, and bike routes, and can provide users with the ability to plan and organize carpools and vanpools. This End User Agreement (as amended from time to time, this "EUA") sets forth the terms and conditions (the “Terms”) applicable to your use of any Goose products, software, services, and web sites (collectively, the "Services"). Before you ("You" or the "User") become a registered member of a Goose program you must read and accept all of the terms and provisions contained in this EUA and the Privacy Policy, available at www.goosenetworks.com/legal/privacy-policy. If you do not agree to abide by the terms and conditions of this EUA please do not register and/or use or access our Services.

1. Your Relationship with Goose Networks

1.1 Your use of Goose Services is subject to the terms of a legal agreement between you and Goose. Goose means Goose Networks Inc., whose principal place of business is at 216 1st Ave S, Suite 450 Seattle, WA 98104, United States. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2 Your registering or otherwise accessing and using the Services constitutes your agreement to all terms, conditions, and notices set forth in this EUA. We reserve the right, at our sole discretion, to amend or modify this EUA at any time without further notice, by posting the most recent version on the Site and by indicating the effective date of the latest revision of the EUA at the end of this page. You are responsible for regularly reviewing this EUA, as amended from time to time. Your continued access and use of the Site constitutes your agreement to all such terms, conditions, and notices of this EUA, as so amended and modified.

2. Eligibility

Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. By using the Site or the Services, You represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your participation of the Service is for Your sole, personal use. You may not authorize others to use Your user status, and You may not assign or otherwise transfer Your account to any other person or entity.

3. Accepting the Terms

3.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
3.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by Goose in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that Goose will treat your use of the Services as acceptance of the Terms from that point onwards.
3.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Goose, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
3.4 Before you continue, you should print off or save a local copy of the EUA for your records.

4. Language of the Terms

4.1 Where Goose has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Goose.
4.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.

5. Provision of the Services by Goose

5.1 Goose is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Goose provides may change from time to time without prior notice to you.
5.2 You acknowledge and agree that if Goose disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

6. Use of the Services by You

6.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Goose will always be accurate, correct, and up to date.
6.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
6.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Goose, unless you have been specifically allowed to do so in a separate agreement with Goose.
6.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
6.5 Unless you have been specifically permitted to do so in a separate agreement with Goose, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
6.6 You agree that you are solely responsible for (and that Goose has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Goose may suffer) of any such breach.

7. User Interactions and Disputes

7.1 You are solely responsible for your interactions with other Goose Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. In the event that you have a dispute with one or more Users, you release Goose (and our officers, directors, agents, subsidiaries, affiliates, joint ventures, customers, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any such dispute.
7.2 THE SITE, THE SERVICES AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND GOOSE DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
7.3 YOUR DECISION TO RIDESHARE IS AT YOUR SOLE RISK. NEITHER GOOSE NOR OUR CUSTOMERS NOR ANY OF OUR PARTNERS, SPONSORS OR REFERRING ORGANIZATIONS MAKES ANY WARRANTIES OR REPRESENTATIONS AS TO THE QUALITY, SAFETY, SECURITY, RELIABILITY OR TIMELINESS OF ANY TRIPS YOU MAY TAKE OR TRANSPORTATION YOU MAY USE AND ASSUMES NO LIABILITY OR RESPONSIBILITY THEREFOR, OR ANY HARM, INJURY, DAMAGE OR LOSS YOU MAY SUFFER.
7.4 NONE OF THE INFORMATION MADE AVAILABLE THROUGH THE SERVICES SHOULD BE INTERPRETED AS TRANSPORTATION ADVICE OR AS AN ENDORSEMENT OF ANY MEANS OF TRANSPORTATION OR OF ANY USER OF GOOSE. YOU BEAR SOLE RESPONSIBILITY FOR ALL DECISIONS AND RESULTS BASED ON YOUR USE OR RELIANCE ON SUCH INFORMATION.
7.5 GOOSE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICES. GOOSE DOES NOT REPRESENT OR WARRANT THAT CONTENT OR MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.

8. Your Passwords and Account Security

8.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
8.2 Accordingly, you agree that you will be solely responsible to Goose for all activities that occur under your account.
8.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify Goose immediately by email at support@goosenetworks.com.

9. Privacy and Your Personal Information

9.1 For information about GOOSE data protection practices, please read the Goose Privacy Policy, available at www.goosenetworks.com/privacy-policy.. This policy explains how Goose treats your personal information, and protects your privacy, when you use the Services.
9.2 You agree to the use of your data in accordance with the GOOSE privacy policies.

10. Content in the Services

10.1 You understand that all information (such as names, contact information or travel plans) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content".
10.2 Goose reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
10.3 You agree that you are solely responsible for (and that Goose has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Goose may suffer) by doing so.

11. Proprietary Rights

11.1 You acknowledge and agree that Goose (or Goose licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Goose and that you shall not disclose such information without Goose prior written consent.
11.2 Unless you have agreed otherwise in writing with Goose, nothing in the Terms gives you a right to use any Goose trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.

12. EXCLUSION OF WARRANTIES

12.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 11 AND 12, SHALL EXCLUDE OR LIMIT GOOSE'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
12.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE"
12.3 IN PARTICULAR, GOOSE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
12.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOOSE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
12.5 GOOSE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

13. LIMITATION OF LIABILITY

13.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 11.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOOSE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY USE OF TRANSPORTATION WHETHER WITH ANOTHER INDIVIDUAL OR A TRANSPORTATION SERVICE PROVIDER, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY MAPS OR TRANSPORTATION INFORMATION OR ANY INFORMATION ABOUT OTHER USERS WITH WHOM YOU MIGHT CHOOSE TO SHARE TRANSPORTATION, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY OTHER USER OF THE SERVICES;
(II) ANY CHANGES WHICH GOOSE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(IV) YOUR FAILURE TO PROVIDE GOOSE WITH ACCURATE ACCOUNT INFORMATION;
(V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
13.2 THE LIMITATIONS ON GOOSE'S LIABILITY TO YOU IN PARAGRAPH 12.1 ABOVE SHALL APPLY WHETHER OR NOT GOOSE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

14. Changes to the Terms

14.1 Goose may make changes to the EUA from time to time. When these changes are made, Goose will make a new copy of the EUA available at www.goosenetworks.com/legal/user-agreement as well as through the Site you access to use the Services.
14.2 You understand and agree that if you use the Services after the date on which the EUA have changed, Goose will treat your use as acceptance of the updated EUA.

15. General Legal Terms

15.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a transportation service provided by another person or company. Your use of these or any other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the EUA do not affect your legal relationship with these other companies or individuals.
15.2 The EUA constitute the whole legal agreement between you and Goose and govern your use of the Services (but excluding any services which Goose may provide to you under a separate written agreement), and completely replace any prior agreements between you and Goose in relation to the Services.
15.3 You agree that Goose may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Site you use to access the Services.
15.4 You agree that if Goose does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Goose has the benefit of under any applicable law), this will not be taken to be a formal waiver of Goose’s rights and that those rights or remedies will still be available to Goose.
15.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
15.6 The Terms, and your relationship with Goose under the Terms, shall be governed by the laws of the State of Washington without regard to its conflict of laws provisions. You and Goose agree to submit to the exclusive jurisdiction of the courts located within King County, Washington to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Goose shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

Last Update: December 16, 2009.