Your access and use of the Services constitutes your agreement to be bound by these Terms, and establishes a contractual relationship between you and PC. Please read this document carefully, because we want you to gain comfort and confidence in the agreement and clearly understand the nature of the agreement. If you do not agree to these Terms, you may not access or use the Services.
PC may refuse to provide the Services to you for any reason, at any time. PC may amend these Terms related to the Services from time to time. Amendments will be effective upon PC’s posting of such updated Terms at this location. Your continued access or use of the PC Services after such posting constitutes your consent to be bound by the Terms, as amended.
1. PC’S SERVICES.
PC’s Services consist of the provision of transportation for your minor child(ren) (“Child”) at your express direction and with your express consent, together with associated websites and services necessary to provide the Services. Only adults may access these Services for their Child, minors may not use our application, site, or Services. In order to use the Services, you must be at least 18 years of age (your Child must be at least 4 years of age as of the date of Services).
You must register for an account with PC and you agree not to create an account using a false identity, or on behalf of someone other than yourself. You agree that you shall monitor your account to restrict use by minors and you shall not allow your children to use your account.
Subject to your compliance with these Terms, PC grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Application on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information, and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by PC.
You consent to email and text message/SMS communication from PC and other participants in the Services, including drivers. We do not charge for this service. However, you are responsible for all message and data rates that may be charged from your carrier for these messages. You may not opt-out from these messages, as they are necessary for providing the Services. We will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your mobile service operator.
2. USER ACCOUNTS.
In order to use our Services, you must register for and maintain an account (the “Account”). Account registration requires you to provide certain personal information, such as your name, your Child’s name and age, your address, email address, mobile phone number, and at least one (1) valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. The failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services, or PC’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times.
3. ASSUMPTION OF RISK AND RELEASE OF LIABILITY.
PC has adopted the following comprehensive Assumption of Risk and Release of Liability. The Assumption of Risk and Release of Liability is expressly incorporated hereto and made part of these Terms. By accessing and using the PC Services, you agree and consent to the following:
I hereby acknowledge that I have voluntarily applied to use transportation services for my child (hereinafter “Child”), including, but not limited to, the motor vehicle transportation of my Child to and from school and to after-school activities (hereinafter referred to as “Services”) provided by PC. Through my use of the Services, my Child will participate in the Services. If I have more than one (1) child participating in the Services, my acknowledgment of this Assumption of Risk and Release of Liability is hereby made for all of my children participating in such Services.
In consideration of the Services of PC, their agents, owners, affiliates, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “PC”), I, for myself and my Child participating in the Services, hereby agree to release and discharge PC, on behalf of myself, my children, my parents, my heirs, assigns, personal representatives, guardians, and estate as follows:
A. Acknowledgment of Risk: I recognize the fact that there are dangers, inherent and otherwise, which may or may not be expressed in this document, by virtue of the fact that PC’s Services involve motor vehicle transportation. These dangers include, but are not limited to, serious injury, disability, or death, and I understand that no amount of care, caution, instruction, or expertise can eliminate these dangers. I also recognize the fact that using PC’s Services involves physical movement. As is the case with all physical activity, risk of injury, even serious or disabling, is always present and cannot be entirely eliminated.
B. Assumption of Risk: In recognition of the known and unknown risks of the above activities, I confirm that my Child is physically and mentally capable of participating in PC’s Services and riding in a motor vehicle. I understand that if my Child’s mental or physical condition changes after the execution of this release such that s/he is not capable of participating in PC’s Services or riding in a motor vehicle, I am obliged to inform PC immediately. On behalf of myself and my Child who is participating, I expressly agree and promise to accept and assume all of the risks existing in my use and my Child’s participation in PC’s Services, including the risks of injury or death. My use of PC’s Services for my Child is purely voluntary, and I elect for my Child to participate in spite of the risks.
C. Release Provision: The section is in BOLD because you are waiving certain rights here. Please read this section carefully, and review it with your counsel.
As lawful consideration for being permitted by PC to use its Services, I understand and agree that I am assuming full responsibility for any and all death, illness, injury, disability, and property damage and/or loss that I or my Child may suffer or cause, in connection with any and all activities in which I or my Child use at PC or under PC’s supervision, or use of PC vehicles, including, but not limited to death, illness, injuries or property damages and/or loss arising from, among other things: (a) negligence or carelessness on the part of PC, including, but not limited to, negligent supervision, negligent rescue operations, dangerous or defective equipment or property owned, maintained or controlled by PC, or because of liability without fault, even if caused by the actions or omissions of others, and/or (b) equipment, facilities, and other hazards or conditions.
I understand that this Release includes all claims against PC arising from its ordinary negligence, but that it does not include claims arising from PC’s gross negligence.
I agree this Release constitutes a complete release, discharge and waiver of any and all actions or causes of action (other than those arising from gross negligence), against PC, arising in connection with my use and my Child’s participation in PC’s Services. I agree that I, my Child, my children, my parents, my heirs, assigns, personal representatives, guardians, and estate will not make a claim against, sue, attach the property of, or prosecute PC, for injury or damage resulting from negligence or other acts, howsoever caused, by PC, as a result of my use and my Child’s participation in the Services. I therefore covenant and agree not to initiate a lawsuit against PC.
D. Indemnity Clause: To the extent permitted by law, I hereby agree to indemnify and hold harmless PC from any and all liabilities or claims made by other individuals or entities as a result of any of my or my Child’s actions or any failure of any equipment I or my Child uses at, or I bring to, PC, while I am engaged in using any of PC’s Services, including any litigation, expenses, attorney’s fees, loss, liability, damage or cost which may occur as a result of any such claims. Should PC be required to incur attorneys’ fees and costs to enforce this agreement, I agree to indemnify and hold them harmless from all such fees and costs.
E. Continuation of Agreement: I understand and agree that this release, to the maximum extent allowed by law, will have the effect of releasing, discharging, waiving, on my own behalf and on behalf of my minor children, survivors, assigns, heirs, and estate and forever relinquishing any and all actions or causes of action that I may have or have had against PC, whether under statutory or common law, existing now or in the future, whether past, present, or future, whether known or unknown, and whether anticipated or unanticipated by me, or arising out of my Child’s participation in PC’s Services. I fully understand that I cannot hereafter make further claims or seek any further recovery of any nature whatsoever against PC, based upon, arising out of, or in connection with my or my Child’s use of PC’s Services, and I hereby expressly waive all future unknown claims caused by, or alleged to be caused by, any act or omission by PC, other than those arising from gross negligence.
F. Release of Owner: Each and every release, waiver and indemnification of PC provided in this agreement shall also apply, with equal force and effect, as a release, waiver and indemnification of the owner of the property in which the facilities of PC are located.
G. Governing Law, Jurisdiction, and Severability of Provisions: This Release shall be governed by New Hampshire law and construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. In the event that I file a lawsuit against PC, I agree to do so solely in the state of New Hampshire. I agree that if any portion of this Release is held to be invalid, the rest shall nonetheless remain in full force and effect.
H. Rules: I have read and reviewed the PC Rules of the Road with my Child and s/he agrees to abide by them.
I. Photo and Video Release: I understand that PC may use video cameras and digital photography for promotion of its Services and its normal delivery of the Services. I agree that PC may use these recordings in any way including, but not limited to, placement with social media, marketing, and as evidence in any litigation, and I agree to the publication of such recordings in these forums. I further acknowledge that since participation in the programs offered by PC is voluntary, neither my Child nor I will receive financial compensation in connection with such recordings or otherwise. I further agree that participation in any PC Services confers no rights of ownership whatsoever over any images that may result.
J. Collection of Specified Information: In compliance with the Children’s Online Privacy Protection Act, including 2013 amendments thereto, I consent to collection of certain specified information regarding my child, including personal information including full name, home address, birth date, and email address, which will be collected when I enroll my Child for PC Services.
K. Risks Understood by Child: I have discussed the risk of PC Services with my Child who understands these risks. I have also discussed the importance of following the PC “Rules of the Road.”
L. Entire Agreement: This document constitutes entire agreement between the parties, and it cannot be changed or modified except in writing.
BY ELECTRONICALLY SIGNING THIS DOCUMENT (CLICKING SAVE & CONTINUE AND CONFIRMING NAME ON PreciousCargoNH.com, I SPECIFICALLY ACKNOWLEDGE THAT IF ANYONE IS HURT OR PROPERTY IS DAMAGED DURING MY CHILD(REN)’S USE OF PC’S SERVICES, I MAY BE FOUND TO HAVE WAIVED MY RIGHT TO MAINTAIN ANY ACTION, CLAIM, OR PROCEEDING AGAINST PC ON THE BASIS OF ANY CLAIM WHICH I HAVE RELEASED HEREIN.
IT IS MY INTENTION TO EXEMPT AND RELIEVE PC, AND ITS AGENTS, OWNERS, AFFILIATES, OFFICERS, VOLUNTEERS, PARTICIPANTS, AND EMPLOYEES, FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH.
I HAVE CAREFULLY READ THIS SECTION 3 REGARDING ASSUMPTION OF RISK AND RELEASE OF LIABILITY AND I FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN MYSELF AND PC AND AFFILIATED PARTIES, AND I SIGN IT OF MY OWN FREE WILL ON BEHALF OF MYSELF AND MY MINOR CHILD PARTICIPANT IN PC’S SERVICES.
You agree that any and all disputes, claims, or controversies arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation or validity thereof, or the use of the Services (collectively “Disputes”) will be settled by binding arbitration between you and PC, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and PC are each WAIVING THE RIGHT TO A TRIAL BY JURY or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and PC otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Arbitration” section will be deemed void. Except as provided in the preceding sentence, this “Arbitration” section will survive any termination of these Terms.
A. Arbitration Rules and Governing Law: The arbitration will be administered by JAMS, Inc., in accordance with the Comprehensive Arbitration Rules and Procedures then in effect (the “JAMS Rules”), except as modified by this “Arbitration” section. The JAMS Rules are available at http://www.jamsadr.com/rules-download-rules/ or by calling JAMS at 1-800-352-5267. The Federal Arbitration Act will prevail over New Hampshire law with respect to any interpretation and enforcement of this Section.
B. Arbitration Process: A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the JAMS Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of New Hampshire and will be selected by the parties from JAMS’ roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then JAMS will appoint the arbitrator in accordance with the JAMS Rules.
C. Waiver of Class or Consolidated Actions: All claims and disputes within the scope of this arbitration section must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one (1) customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
D. Arbitration Location and Procedure: Arbitration will be conducted in the county where you reside unless you and PC consent to an alternate location. If your claim does not exceed $10,000, and you do not elect to file in small claims court, then the arbitration will be conducted solely on the basis of documents you and PC submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the JAMS Rules. Subject to the JAMS Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Notwithstanding any provision of JAMS Rules to the contrary, no arbitrator shall have the right to refuse, at the request of a party or otherwise, that a party shall not be allowed to have a court reporter present at any hearing for the arbitration.
E. Arbitrator’s Decision: The arbitrator will render an award within the time frame specified in the JAMS Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted. If you prevail in arbitration, you may be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. PC will not seek, and hereby waives all rights PC may have under applicable law, to recover attorneys’ fees and expenses if PC prevails in arbitration.
F. Fees: Your responsibility to pay any JAMS fees, including arbitrator fees, will be solely as set forth in the JAMS Rules. However, if your claim for damages does not exceed $75,000, PC will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
G. Changes: Notwithstanding the provisions of the modification-related provisions above, if PC ever changes this “Arbitration” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing PC written notice of such rejection by mail or hand delivery to: 24 Wyman Lane, Milford, NH 03055 or by email from the email address associated with your Account to: Info@PreciousCargoNH.com within 30 days of the date such change became effective, as indicated in the “Last Update” date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Arbitration” section. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and PC in accordance with the provisions of this “Arbitration” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).