TERMS OF USE CARPOOL MANAGER ACCOUNT<br>
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NO UNLAWFUL OR PROHIBITED USE<br>
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As a condition of your use of the Carpool Manager Account, you agree that you will not use the Carpool Manager Account for any purpose that is unlawful or contrary to these Terms of Use. You also may not use the Carpool Manager Account in any manner that could damage, disable, overburden, or impair the Carpool Manager Account or interfere with any other party's use and enjoyment of them. You may not attempt to gain unauthorized access to any Carpool Manager Account, computer systems or networks associated with Carpool Manager. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Carpool Manager.<br>
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SOFTWARE AND CONTENT AVAILABLE ON CARPOOL MANAGER<br>
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All content and software (if any) that is made available to view and/or download from the Web pages that are part of Carpool Manager is owned by and is the copyrighted work of Bertomake. For any Software not accompanied by a license agreement, Bertomake hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the Carpool Manager Account in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. All Software is owned by Bertomake and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable laws and regulations of the Netherlands.<br>
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LIABILITY DISCLAIMER<br>
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BERTOMAKE AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON OR OBTAINED THROUGH THE CARPOOL MANAGER FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. BERTOMAKE AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL BERTOMAKE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF CARPOOL MANAGER, WITH THE DELAY OR INABILITY TO USE CARPOOL MANAGER, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH CARPOOL MANAGER, OR OTHERWISE ARISING OUT OF THE USE OF CARPOOL MANAGER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BERTOMAKE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF CARPOOL MANAGER, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING CARPOOL MANAGER.<br>
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TERMINATION/ACCESS RESTRICTION<br>
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Bertomake reserves the right, in its sole discretion, to terminate your access to the Carpool Manager Account or any portion thereof at any time, without notice.<br>
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Bertomake may also terminate or suspend your access to the Carpool Manager Account for inactivity, which is defined as failing to sign in to the Services for an extended period of time, as determined by Bertomake. The amount of time that Bertomake currently considers an "extended" period of time (if any) is described in the FAQ for Carpool Manager. Upon termination of your Carpool Manager Account, your right to use the Carpool Manager immediately ceases.<br>
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GENERAL<br>
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These Terms of Use are governed by the laws of the Netherlands. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in the Netherlands in all disputes arising out of or relating to the use of Carpool Manager. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Bertomake as a result of these Terms of Use or use of Carpool Manager.<br>
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Bertomake may assign these Terms of Use, in whole or in part, at any time. Bertomake's performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Bertomake's right to comply with governmental, court and law enforcement requests or requirements relating to your use of Carpool Manager or information provided to or gathered by Bertomake with respect to such use. You agree to indemnify and hold Bertomake, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on Carpool Manager. If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. These Terms of Use, including the documents expressly incorporated by reference above, constitute the entire agreement between you and Bertomake with respect to the Carpool Manager and such agreements supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Bertomake with respect to Carpool Manager. A printed version of these Terms of Use and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.<br>
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INTELLECTUAL PROPERTY NOTICES<br>
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All contents of Carpool Manager are: Copyright © 2001-2003 Bertomake v.o.f. and/or its suppliers, the Netherlands. All rights reserved.<br>
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The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.<br>
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Bertomake may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in Carpool Manager, including the Web pages that are part of Carpool Manager. Except as expressly provided in these Terms of Use, the provision of Carpool Manager and the furnishing of such web pages to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved.<br>
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Revised February 20, 2003