Terms of Use & Liability Waiver

1. ACCEPTANCE OF TERMS

By creating an account, accessing, or using TheCarpoolio.com ("Platform"), you ("User") agree to be legally bound by these Terms of Use ("Terms"). If you do not agree, do not use the Platform.

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2. PLATFORM ONLY; NOT A TRANSPORTATION PROVIDER

a. The Platform enables parents and guardians to arrange voluntary, private carpools.

b. RedFOE LLC, doing business as The Carpoolio ("Carpoolio," "we," "us," "our") does not:

• provide transportation services;
• employ, vet, supervise, or control drivers or vehicles;
• assume responsibility for the conduct of any user, driver, passenger, or third party.

c. All ride arrangements are made solely between Users. Carpoolio is not a party to any transportation agreement.

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3. USER REPRESENTATIONS

You represent that:

• you are the legal parent/guardian of any minor you register or otherwise authorize to ride;
• you are solely responsible for vetting the suitability, driving record, insurance, and criminal background of any driver to whom you entrust a child;
• you will comply with all applicable traffic, safety, and child-restraint laws;
• you maintain automobile liability insurance meeting or exceeding the minimum legal requirements in your jurisdiction.

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4. ASSUMPTION OF RISK

You acknowledge that car travel carries inherent risks—accidents, bodily injury, property damage, negligence, or intentional misconduct. You voluntarily assume all such risks on behalf of yourself and any minors you authorize to participate.

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5. RELEASE & WAIVER OF LIABILITY

To the fullest extent permitted by law, you irrevocably release, waive, and forever discharge RedFOE LLC (dba The Carpoolio) and its officers, directors, members, managers, shareholders, employees, contractors, affiliates, and agents ("Released Parties") from any and all claims, demands, lawsuits, damages, losses, costs, expenses, or liabilities of any kind—whether known or unknown, suspected or unsuspected—arising out of or relating to:

• bodily injury, death, emotional distress, or property damage suffered by you or any minor;
• negligent, reckless, or intentional acts or omissions of any user, driver, or third party;
• vehicle collisions, equipment failure, or road conditions;
• criminal, inappropriate, or abusive behavior by any user.

This waiver applies even if any such harm is caused in whole or in part by the negligence of the Released Parties.

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6. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Released Parties from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• your breach of these Terms;
• your conduct or the conduct of any minor you authorize;
• your use or misuse of the Platform.

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7. NO WARRANTIES

The Platform is provided "AS IS" and "AS AVAILABLE." We disclaim all warranties—express or implied—including merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee continuous, error-free, or secure access.

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8. LIMITATION OF LIABILITY

In no event will the Released Parties be liable for indirect, incidental, special, punitive, or consequential damages, or for lost profits, arising out of or related to the Platform or these Terms. Our aggregate liability to you shall not exceed one-hundred U.S. dollars (US $100).

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9. DISPUTE RESOLUTION & GOVERNING LAW

a. Governing Law

These Terms are governed by the laws of the State of Kansas, without regard to conflict-of-laws principles.

b. Arbitration

Any dispute arising out of or relating to the Platform or these Terms shall be resolved by binding arbitration under the rules of the American Arbitration Association; judgment on the award may be entered in any court of competent jurisdiction.

c. Class Action Waiver

You and Carpoolio agree that claims shall be brought in an individual capacity, not as a plaintiff or class member in any class or representative proceeding.

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10. SEVERABILITY

If any provision of these Terms is held unenforceable, the remaining provisions shall remain in full force and effect.

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11. MODIFICATION

We may revise these Terms at any time by posting an updated version on the Platform. Continued use after the effective date constitutes acceptance of the revised Terms.

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12. CONTACT

Questions about these Terms?

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