Terms of Service
BEFORE YOU CLICK ON THE “COMPLETE APPOINTMENT” BUTTON OR AGREE OVER THE PHONE, CAREFULLY READ THESE TERMS OF SERVICE.
These Terms of Service apply to www.ChemoCars.org (the “Site”) and any services offered by CHEMOCARS, INC. through its free ride program known as ChemoCars (collectively, the Service”). Throughout these Terms of Service, the terms “we,” “us” and “our” refer to CHEMOCARS, INC.
CHEMOCARS, INC. offers the Services, including all information, tools and services available from the Site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated herein.
By either (i) clicking the “Complete Appointment” button or agreeing over the phone, or (ii) using the Service (as defined below), you accept and agree to these Terms of Service. If you are accepting these Terms of Service on behalf of another person or a company or other legal entity, you represent and warrant that you have full authority to bind that person, company or other legal entity to the agreement, and that by your clicking of the “Complete Appointment” button or agreeing over the phone, such person, company or other legal entity is hereby bound.
If you do not accept and agree to these Terms of Service, please do not use the Service.
Description of Service
CHEMOCARS, INC. operates the Site and engages third parties to help enable eligible users request a ride to or from a participating treatment center via the Site, text message or over the phone.
CHEMOCARS, INC. provides a platform to order third-party transportation services (such as Uber and Lyft), but is not in the business of offering any transportation services itself and does not have any control over the drivers or operators of these transportation services.
Consent to Uber and Lyft Terms of Service and Disclosure of Information to third parties
You grant CHEMOCARS, INC. or its agent permission to disclose your name, phone number, email address, pick-up address, and drop-off address and any other information about you available to ChemoCars in relation with the Service to Uber, Lyft, or other third-parties, (including by not limited to insurance providers).
Communications from CHEMOCARS, INC., Uber and Lyft
By entering into these Terms of Service, you are consenting to your receipt of text messages in connection with the Service from CHEMOCARS, INC. or its agent, Uber or Lyft at the telephone number you provide during registration including, without limitation, the initial message, any text messages containing receipts and confirmation messages sent in response to any opt-out request you may make; provided that, if you update such initial telephone number in your account settings then such text messages will be thereafter sent to such updated telephone number.
Message and data rates may apply. Message frequency based upon use. Text messaging is not available in all areas. CHEMOCARS, INC. is not responsible for the successful delivery or any delays in your receipt of text messages. CHEMOCARS, INC. reserves the right to suspend or terminate this feature, in its sole and absolute discretion, at any time with or without notice to you.
In using the Service, you have the option to create and register an account (“Account”) with CHEMOCARS, INC. By registering an Account, you represent and warrant that you are capable of entering into a legally binding agreement and that all required information submitted by you to CHEMOCARS, INC. is current, complete and accurate.
You are solely responsible for maintaining the confidentiality and security of your Account password and for all activities that occur on or through your Account, and you agree to immediately notify CHEMOCARS, INC. if you suspect any unauthorized use of your Account or access to your password. CHEMOCARS, INC. will not be responsible for any losses arising out of the unauthorized use of your Account.
Further, you are responsible for providing and maintaining current, complete and accurate information for so long as you continue to use the Service. CHEMOCARS, INC. may, from time to time, require you to provide additional information in evaluating your registration, Account and eligibility to continue using the Service. CHEMOCARS, INC. reserves the right, in its sole and absolute discretion, to reject, suspend or terminate your Account (with or without notice), except as otherwise required by applicable law.
Your Use of the Site and Service
Your use of the Service is for your sole, personal use. The Service is limited to requesting transportation service rides you process through the Service in certain locations in the United States. By using the Service, you agree to use the Service (including, without limitation, all features and functionalities associated therewith, the Site and software associated therewith) in accordance with these Terms of Service and all applicable laws, statutes, rules and regulations.
All content on the Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by CHEMOCARS, INC., its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on the Site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content on the Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, or use of the Site for purposes competitive to CHEMOCARS, INC., is expressly prohibited. You agree to abide by all additional restrictions displayed on the Site as they may be updated from time to time.
CHEMOCARS, INC. reserves the right to refuse or cancel any person’s registration for the Service, remove any person from the Service or prohibit any person from using the Service for any reason whatsoever. CHEMOCARS, INC., or its licensors or content providers, retain full and complete title to the material provided on the Site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in CHEMOCARS, INC.’ sole discretion. CHEMOCARS, INC. neither warrants nor represents that your use of materials on the Service will not infringe rights of third parties not affiliated with CHEMOCARS, INC.
You may not use contact information provided by the Service for unauthorized purposes. You may not use any hardware or software intended to damage or interfere with the proper working of the Site or Service, or to surreptitiously intercept any system, data or personal information from the Site or Service. You agree not to interrupt or attempt to interrupt the operation of the Site or Service in any way. CHEMOCARS, INC. reserves the right, in its sole discretion, to limit or terminate your access to or use of the Services at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which CHEMOCARS, INC. may be entitled at law or in equity.
To the extent permitted by law, CHEMOCARS, INC. reserves the right to monitor your use of the Site and Service and your compliance with these Terms of Service. By using the Service, you acknowledge, and consent to, such monitoring.
Materials You Submit
You acknowledge that you are responsible for any material you may submit via the Site, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through the Site any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site.
If you do submit material, and unless we indicate otherwise, you grant CHEMOCARS, INC. and/or its relevant contract party, as appropriate, an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that CHEMOCARS, INC. and/or its relevant contracting party, as appropriate, is free to use any ideas, concepts, know-how that you or individuals acting on your behalf provide to CHEMOCARS, INC.. You grant CHEMOCARS, INC. the right to use the name you submit in connection with such material, if they so choose. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify CHEMOCARS, INC. for all claims resulting from content you supply.
Trademarks and Copyrights
All trademarks, trade names, logos, images, service marks and trade dress displayed on the Site (collectively, the “Marks”) are the property of CHEMOCARS, INC. or its licensors, content providers or other third parties. Nothing in these Terms of Service or on the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Mark without the prior written consent of the CHEMOCARS, INC. or the owner of the Mark. The Site and all of their content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.
Please review our Privacy Notice at https://chemocars.org/privacy-policy/ for details about the information practices associated with the Site and Service.
YOU HEREBY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CHEMOCARS, INC. RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SERVICE OR ANY FEATURE OR PART THEREOF AT ANY TIME FOR ANY REASON.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHEMOCARS, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITES ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SERVICE WILL BE SECURE; THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE WILL BE MALWARE-FREE; OR THAT INFORMATION PROVIDED BY THE SERVICE WILL BE COMPLETE, ACCURATE OR TIMELY. CHEMOCARS, INC. SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF ANY TRANSPORTATION SERVICES USED BY YOU. IF YOU DOWNLOAD ANY MATERIALS FROM THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CHEMOCARS, INC. OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY OF ANY KIND OR OTHERWISE CONSTITUTE A REPRESENTATION BINDING UPON CHEMOCARS, INC.. CHEMOCARS, INC. DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE SERVICE OR THE USE OF THE SERVICE IN TERMS OF COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SERVICE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK AND THAT THE SERVICE IS MADE AVAILABLE TO YOU AT NO CHARGE.
RECOGNIZING SUCH, EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL CHEMOCARS, INC. OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY CONTENT PROVIDERS BE LIABLE FOR PERSONAL INJURY OR ANY DAMAGES (WHETHER DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OF SERVICE OR YOUR USE OR INABILITY TO USE THE SERVICE, ANY APPS OR WEBSITES LINKED TO IT, FROM ANY ACTIONS CHEMOCARS, INC. TAKES OR FAILS TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO CHEMOCARS, INC., THE DELAY OR INABILITY TO USE THE SERVICE, THE DELAY OR INABILITY TO USE THE SERVICE, FOR ANY INFORMATION, PRODUCTS OR SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE SERVICE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF CHEMOCARS, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES (COLLECTIVELY, THE “EXCLUDED DAMAGES”). TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH CHEMOCARS, INC. IS TO DISCONTINUE YOUR USE OF THE SERVICE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT CHEMOCARS, INC. SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICE.
IN CERTAIN JURISDICTIONS, SOME LIABILITIES CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN SUCH JURISDICTIONS, THE LIMITATION OF LIABILITY IN THESE TERMS OF SERVICE MAY NOT APPLY TO YOU. IF CHEMOCARS, INC. CANNOT LAWFULLY DISCLAIM LIABILITY TO YOU UNDER THIS LIMITATION OF LIABILITY, CHEMOCARS, INC. WILL BE LIABLE TO YOU, IN THE AGGREGATE FOR ALL CLAIMS ARISING HEREUNDER, FOR LIQUIDATED DAMAGES NOT TO EXCEED $100.00 (“LIABILITY CAP”). IN SUCH EVENT, YOU ACKNOWLEDGE AND AGREE THAT THE EXCLUDED DAMAGES FOR ALL CLAIMS ARISING HEREUNDER CANNOT BE CALCULATED WITH REASONABLE CERTAINTY. YOU FURTHER AGREE THAT THE LIABILITY CAP REPRESENTS (I) A REASONABLE APPROXIMATION OF THE EXCLUDED DAMAGES THAT YOU WILL SUFFER FOR ALL CLAIMS ARISING HEREUNDER AND THAT SUCH LIQUIDATED DAMAGES DO NOT CONSTITUTE A PENALTY, AND (II) THE EXCLUSIVE REMEDY TO YOU FOR EXCLUDED DAMAGES IN CONNECTION WITH ALL CLAIMS ARISING HEREUNDER. THE LIMITATIONS IN THIS PARAGRAPH WILL APPLY EVEN IF ANY OTHER REMEDY AVAILABLE TO YOU FAILS OF ITS ESSENTIAL PURPOSE.
YOU AND CHEMOCARS, INC. AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS OF SERVICE OR THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless CHEMOCARS, INC. and its officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your access to or use of the Service, the use or misuse of your log-in name or password to the Service, and any violation of these Terms of Service. If you cause a technical disruption of the Service or the systems transmitting the Service to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. CHEMOCARS, INC. reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with CHEMOCARS, INC. in the defense of such matter.
Jurisdiction and Applicable Law
The laws of the State of North Carolina govern these Terms of Service and your use of the Service, without giving effect to its conflict of laws provisions. To the maximum extent permitted by law, you irrevocably consent to the jurisdiction of the courts located in the State of North Carolina for any action or proceeding arising out of or relating to these Terms of Service.
Although the Service is designed for operation within the U.S., we recognize that it may be possible for you to obtain access to Site from jurisdictions outside the U.S., and that we may not have the practical ability to prevent such access. TO THE MAXIMUM EXTENT PERMITTED BY LAW, We make no representation as to the use of the Site outside the U.S. or compliance of the Site or these Terms of SERVICE with any applicable law. If you choose to access the Site from outside the U.S., you do so at your own initiative and you are solely responsible for complying with applicable local laws.
Changes to These Terms of Service
CHEMOCARS, INC. reserves the right in its sole discretion, to change, modify, add or remove any portion of these Terms of Service, in whole or in part, at any time, by posting revised terms on these Terms of Service. It is your responsibility to check periodically for any changes we make to the Terms of Service. Revised terms will take effective immediately after their publication on the Site and will apply only on a going forward basis. Your continued use of the Service after that point signifies that you accept the changes.
Entire Agreement and Admissibility
These Terms of Service and any policies or operating rules posted on the Site constitute the entire agreement and understanding between you and CHEMOCARS, INC. with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Service shall be admissible in judicial or administrative proceedings based on or relating to use of the Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Waiver and Severability
No waiver by CHEMOCARS, INC. of any term or condition set forth in these Terms of Service shall constitute a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of CHEMOCARS, INC. to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held to be unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.
At its option, CHEMOCARS, INC. may seek all remedies available to it in these Terms of Service, under law and in equity, including injunctive relief in the form of specific performance to enforce these Terms of Service and any additional instructions, guidelines or policies issued by CHEMOCARS, INC. (including those posted on the Site).
How To Contact Us
If you have any questions or comments about these Terms of Service, please contact us by e-mail at [email protected], by phone at 443-286-0091, or write to us at:
16731 100 Norman Place
Cornelius, NC 28031