Terms of use
TreadShare Terms of Use
ALL USERS MUST READ THIS SECTION
Acceptance of Terms and Conditions
USERS ARE ADVISED THAT CARPOOLING SERVICE COMPANIES ARE NOT REGULATED BY THE STATE OF COLORADO. BACKGROUND CHECKS MIGHT NOT BE PERFORMED ON DRIVERS, DRIVERS ARE NOT SUBJECT TO MEDICAL EXAMINATION AND CERTIFICATION, VEHICLES ARE NOT SUBJECT TO INSPECTION BY THE STATE, AND STATE INSURANCE VERIFICATION IS NOT PERFORMED.
By using the TreadShare mobile application (the “Application”) and/or TreadShare.com (the "Site"), you agree to the terms and conditions in these Terms of Use between you and TreadShare, LLC, the company that offers the Application and the Site. If you do not wish to agree to the outlined terms and conditions (the "Terms of Use" or "Agreement"), your only recourse is to discontinue use of the Application and the Site.
TreadShare, LLC reserves the right to make any changes to our Terms of Use and/or our Privacy Policy (which is incorporated herein by reference) without prior notification to you. You should re-read these Terms of Use and our Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our Terms of Use and/or Privacy Policy and you continue to use our Application or the Site, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein.
If you have any questions about these terms, please contact us at info@TreadShare.com.
This page was last modified: November 27, 2021.
TREADSHARE IS A SERVICE THAT CONNECTS DRIVERS AND RIDERS WHO ARE WILLING TO SHARE A VEHICLE. TREADSHARE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT ANYONE THAT USES THE SERVICES. TREADSHARE DOES NOT GUARANTEE THAT IT DOES BACKGROUND CHECKS ON ANY USERS. FURTHER, EVEN IF TREADSHARE DOES BACKGROUND CHECKS ON A USER, TREADSHARE CANNOT GUARANTEE THE RESULTS OF SUCH BACKGROUND CHECK. IT IS YOUR RESPONSIBILITY TO DO ANY BACKGROUND CHECKS YOU FEEL NECESSARY BEFORE SHARING A RIDE WITH ANOTHER USER. BY USING THE SERVICE, YOU AGREE THAT IF YOU ARE A RIDER, YOU MAY BE REQUIRED TO PAY THE DRIVER A CONTRIBUTION TOWARDS THE DRIVER’S COSTS INCLUDING FOR GAS, PARKING, TOLL LANES, AND OTHER FEES INCURRED BY THE DRIVER. ALL CARPOOL ARRANGEMENTS MADE THROUGH THE SERVICE ARE BETWEEN RIDERS AND DRIVERS; TREADSHARE, LLC IS NOT A PARTY TO ANY AGREEMENTS BETWEEN ITS USERS. TREADSHARE IS NOT RESPONSIBLE FOR ANY ACTIONS, OR INACTIONS, OF ITS USERS.
Non-US Users. TreadShare.com is only available to individuals based in the United States and only stores information on individuals residing in the United States. To use TreadShare.com, you must use the Application and the Site through an IP address based in the United States while you are in the United States. You may not use the Application or the Site if you are in any country except the United States. By using the Application or the Site, you agree and acknowledge that you are based in the United States and warrant and represent that you are not using any means to spoof your IP address to mislead the Application or the Site into thinking you are in the United States when you are not.
General
Service. TreadShare, LLC offers an Application where individuals that use the Application (“Users”) can do the following (each a “Service”): (a) for Users that are Drivers, the Drivers can offer rides to Users who wish to ride with them to the location the Driver is going to (i.e. carpooling to a location); (b) for Users that are Riders, the Riders can request to ride with a Driver who is going to a location that the Rider wishes to go to; and (c) Users can find educational resources about ride sharing. However, the Service includes all aspects of TreadShare, LLC, including but not limited to all products, software, and services offered via the Application and/or the Site.
The Application and the Site Features. TreadShare, LLC shall have the right at any time to change or discontinue any aspect or feature of TreadShare, LLC, including, but not limited to, content, hours of availability, the cost of the Service, the addition of user content areas, and equipment needed for access or use. Further, TreadShare, LLC may request additional information at any time by you to update or enhance account information collected for use of the Application or Site.
Types of Users. Website users who do not have an account may view general information about the Services. In order to use the Services, a person must create an account becoming a User of TreadShare. Drivers are Users that offer spaces in their vehicles if they are driving somewhere to other Users. Riders are Users who ride in a Driver’s vehicle. Users may be both Drivers and Riders through the Service.
Carpool Ride. Each time a Driver transports Riders in his or her vehicle arranged through the Application, it will be a “Carpool Ride”.
Pick Up/Drop Off. Drivers provide information about the area they are driving from, the area that they are driving to, and the dates and times of the drive. Drivers have the option to limit where Driver will pick up and drop off Riders. Drivers and Riders must agree to the pick up and drop off location prior to the confirming the Carpool Ride through the Application.
Carpool Fees. For each Carpool Ride, the Rider is charged a fee to reimburse Driver for gas, parking, and other fees incurred for the Carpool Ride (“Carpool Fee”). The Carpool Fee is collected at the time the Carpool Ride is confirmed by both the Driver and the Rider. The Carpool Fee for each Carpool Ride will be displayed in the Application. The Carpool Fee is charged to the Rider’s credit card on file.
TreadShare Fees. For each Carpool Ride, TreadShare charges the Driver a percentage of the total amount collected (“TreadShare Fee”). The amount to be charged will be shown in the Application when the Carpool Ride is confirmed.
Driver’s Payment. Driver will be paid the Carpool Fee minus the TreadShare Fee approximately seventy-two hours after the Ride is completed to the account location on file.
Refunds. The Carpool Fee is refundable up to twenty-four (24) hours before the Carpool Ride is to start minus the TreadShare Fee. If a Rider cancels a Carpool Ride with less than twenty-four (24) hours’ notice, one half of the Carpool Fee will be returned to Rider with the remaining paid to Driver minus the TreadShare Fee. If the Rider does not cancel the Carpool Ride but is not at the agreed to pick up spot when the Carpool Ride is to begin or cancels with less than thirty (30) minutes notice, Rider will not receive any refund and Driver will be paid the Carpool Fee minus the TreadShare Fee.
Driver Cancellations. Drivers may cancel Carpool Rides with twenty-four (24) hours’ notice. If a Driver cancels a Carpool Ride with less than twenty-four (24) hours’ notice, Driver agrees and acknowledges that Driver’s account may be terminated or Driver’s rating may be significantly lowered. Further, Driver agrees and acknowledges that Driver may be charged up $100.00 per passenger for each canceled ride if a rider has to pay for a ride to a location due to such cancellation (for example, but not limited to, if Driver agrees to drive a rider to and from a ski resort and then fails to provide the return trip). User/Driver agrees and acknowledges that User must submit a receipt for a return trip if a Driver cancels a trip from a third party and User requests reimbursement from Driver. User agrees and acknowledges that reimbursement is solely at TreadShare, LLC’s sole discretion and may be denied for any reason, including inability to charge Driver for such reimbursement. In order to be reimbursed, User further agrees that User must show that it used the cheapest means available to return to User’s original departure place (i.e., User must have tried to schedule a TreadShare, public transportation, etc.) and the original departure location must be more than 20 miles from the location where the User was to return from (i.e. if User was to be driven to and from a ski resort, the ski resort must be 20 miles from the User’s pickup location).
Disputes. Any disputes relating to Carpool Rides and carpooling agreements are between Riders and Drivers. TreadShare, LLC is under no obligation to resolve disputes between its Users.
Chargebacks. When a Rider charges back or otherwise reverses a transaction, Drivers agree to return any corresponding amount already paid by TreadShare, LLC. TreadShare, LLC may set off any amounts owed to Drivers against any amounts that Driver owes (for example, as a result of chargebacks or reversals). Riders agree and acknowledge that Rider’s accounts may be terminated or suspended if Rider files a chargeback.
Drivers. Drivers agree and acknowledge the following:
Drivers will not offer any services other than carpooling opportunities with other Users.
Drivers will not offer, not accept, any services such as package delivery, food delivery, or transportation of any items for Users. This does not include transportation of a Rider’s personal items during a Carpool Ride.
Drivers must hold a valid driving license for driving in the United States;
Drivers must drive safely and in accordance with all applicable driving rules and laws;
Drivers must ensure Driver’s vehicle is roadworthy, has all certifications required by law, and has been properly maintained;
Drivers must have appropriate insurance coverage for all rides and any accidents that may occur during a ride, including without limitation personal injury protection insurance coverage for your vehicle with no less than the minimum limits required by applicable law;
Drivers may only make the amount allowed under IRS and state law for each Carpool Ride that ensures that neither the IRS nor Driver’s state sees the Carpool Ride as a commercial activity;
Driver will be responsible for all taxes that may accrue due to Driver’s providing Carpool Rides; and
Driver agrees not to misrepresent in any way, whether material or not, any aspect of Driver’s identity, background, credentials, regulated status or professional standing.
Communications. You agree and acknowledge that we may contact you via email, text message, voice calls, messages through the Application, and any other means that are available.
Educational Resources. TreadShare lists educational resources on the Site. These resources include links to programs and services listed by third parties. TreadShare, LLC may receive referral fees from third parties if you purchase services or products from them.
Privacy. TreadShare, LLC cares about the privacy of our Users. Click here to view TreadShare, LLC’s Privacy Policy. You acknowledge that all Carpool Ride offers made on the Application are public and not private communications and that others may read your posts without your knowledge.
Permissions and Restrictions. TreadShare, LLC hereby grants you permission to access and use the Service as set forth in these Terms of Use, provided that:
You agree not to distribute in any form any part of the Service or the Content without TreadShare, LLC’s prior written authorization, unless TreadShare, LLC makes available the means for such distribution through functionality offered by the Service.
You agree not to alter or modify any part of the Service.
You agree not to access the Application and/or the Site through any technology or means other than the Application and/or the Site itself or other explicitly authorized means TreadShare, LLC may designate.
You will not use the Application and/or the Site for any commercial purposes.
You will comply with all applicable local, state, and federal laws in regard to the Service.
You indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all Third-Party claims, charges, and investigations, caused by (1) your failure to comply with these Terms of Use, including, without limitation, your submission of content that violates Third-Party rights or applicable laws, (2) any content you submit to the Services, (3) any activity in which you engage on or through TreadShare, LLC, (4) any use of the Application, and (5) any issues that arise from any Carpool Rides.
TreadShare Accounts. In order to access some features of the Service, you will have to create an account (“Account”). You may never use another’s Account without permission. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. You must notify TreadShare, LLC immediately of any breach of security or unauthorized use of your Account. Although TreadShare, LLC will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of TreadShare, LLC or others due to unauthorized use. In order to protect yourself and other Users of the Site and Application, the following terms must be followed: (a) You will not create an Account for anyone other than yourself without permission, (b) If we disable your Account, you will not create another one without our permission, (c) You will keep your contact information accurate and up-to-date, (d) You will not transfer your Account to anyone without first getting our written permission, and (e) If you select a username for your Account we reserve the right to remove or reclaim it if we believe appropriate (such as when as trademark owner complains about a username that does not closely relate to a User’s actual name).
Intellectual Property Issues
Your Content and Information. While you retain ownership of all the content you post on the Site and Application, by posting content on the Application and/or the Site, you shall be deemed to have granted to TreadShare, LLC a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, advertise with, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees. You further agree that any Content you submit to the Service will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant TreadShare, LLC all of the license rights granted herein
Third-Party Sites. The Application and/or the Site may contain links to other website ("Third-Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, or items belonging to or originating from third parties (the "Third-Party Content"). Such Third-Party Sites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by TreadShare, LLC. TreadShare, LLC is not responsible for any Third-Party Sites accessed through the Application and/or the Site or any content posted by other Users of the Application and/or the Site. If you decide to leave the Application and/or the Site and access the Third-Party Sites, you do so at your own risk and you should be aware that TreadShare, LLC’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Application and/or the Site.
Copyright. All content on the Site and Application, including, but not limited to, designs, text, graphics, pictures, video, information, music, sound, and other files, and their selection and arrangement (the "Site/Application Content"), are the proprietary property of TreadShare, LLC, its Users or its licensors, with all rights reserved. No Site/Application Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without TreadShare, LLC’s prior written permission. Any violation of this policy may result in a copyright, trademark, or other intellectual property right infringement that may subject you to civil and/or criminal penalties. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. The foregoing provisions of Section 20 apply equally to and are for the benefit of TreadShare, LLC, its subsidiaries, affiliates, its third-party content providers, and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
User Submissions. You shall not upload, post, or otherwise make available on the Application and/or the Site any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from such a submission.
Trademarks. TreadShare.com, TreadShare, and TreadShare, LLC are trademarks of TreadShare, LLC. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on the Application and/or the Site are the property of their respective owners. Trademarks that are located on the Application and/or the Site shall not be deemed to be in the public domain but rather the exclusive property of TreadShare, LLC unless such website is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of TreadShare, LLC, unless otherwise stated.
Copyright, Trademark, and Intellectual Property Complaints. TreadShare, LLC respects the intellectual property rights of others. TreadShare, LLC prohibits Users from uploading, posting, or otherwise transmitting on the Application and/or the Site any materials that violate another party's intellectual property rights. When TreadShare, LLC receives proper Notification of Alleged Copyright Infringement as described in our Copyright Policy, TreadShare, LLC promptly removes or disables access to the allegedly infringing material upon conclusion the material infringes upon another rights and terminates the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Application and/or the Site infringes upon any copyright that you own or control, you may send a written notification of such infringement to our Designated Agent. Please see our Copyright Policy for more information on how to report infringement of your copyright. TreadShare, LLC may, at its sole discretion, terminate Users of the Application and/or the Site who are deemed by TreadShare, LLC to be have committed copyright infringement, whether or not there is any repeat infringement.
Site Features
Security Features. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
Accuracy of Information. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that TreadShare, LLC is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against TreadShare, LLC with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless TreadShare, LLC, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
Submissions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Application and/or the Site ("Submissions"), provided by you to TreadShare, LLC, are non-confidential and shall become the sole property of TreadShare, LLC. TreadShare, LLC shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. By posting communications on or through the Application and/or the Site, you shall be deemed to have granted to TreadShare, LLC a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, advertise with, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
End User Conduct. You agree and acknowledge that the Application and/or the Site, including all pages contained within, are private property. You represent, warrant, and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any Third-Party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. In addition, you agree not to use the Application and/or the Site to: (a) or collect email addresses or other contact information of other Users from the Application and/or the Site by electronic or other means for the purposes of sending unsolicited emails, or other unsolicited communications; (b) use the Application and/or the Site in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Application and/or the Site; (c) use automated scripts to collect information from or otherwise interact with the Application and/or the Site; (d) upload, post, or otherwise make available any content that TreadShare, LLC deems to be harmful, hateful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, or fraudulent; (e) impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity; (f) upload, post, transmit, share, or otherwise make available any unsolicited or unauthorized advertising or solicitations; (g) upload, post, or otherwise make available content that would constitute, encourage, or provide instructions for the commission of a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; (h) upload, post, transmit, share, or otherwise make available any content that advertises any illegal service on the Application and/or the Site; (i) upload, post, transmit, share, or otherwise make available any content that is pornographic or depicts a human being engaged in sexual conduct; (j) use or attempt to use another's account without authorization from TreadShare, LLC or the owner of the account; (k) upload, post, transmit, share, or otherwise make available any content that is false, deceptive, misleading, deceitful, or misinformative; (l) upload, post, or otherwise make available content that, in the sole judgment of TreadShare, LLC, is objectionable or which restricts or inhibits any other person from using or enjoying the Application and/or the Site, or which may expose TreadShare, LLC or its Users to any harm or liability of any type; and/or (m) upload, post, or otherwise make available content that, in the sole judgment of TreadShare, LLC, either online or offline solicits the Users of the Application and/or the Site to become Users of other online or offline services that directly or indirectly compete or potentially compete with TreadShare, LLC.
Monitoring. TreadShare, LLC shall have the right to monitor the content of the Application and/or the Site at all times, including viewing of any information in your account on the Application and/or the Site, to determine compliance with these Terms of Use and any operating rules established by TreadShare, LLC, as well as to satisfy any applicable law, regulation, or authorized government request. Without limiting the foregoing, TreadShare, LLC shall have the right to remove any material that TreadShare, LLC, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Warranties and Representations
As-Is. The material on TreadShare, LLC is provided "as is.” TreadShare, LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, TreadShare, LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Site or otherwise relating to such materials or on any websites linked to the Application and/or the Site.
Limited Liability. In no event shall TreadShare, LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on the Application and/or the Site, even if TreadShare, LLC or a TreadShare, LLC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Indemnity. You agree to indemnify and hold TreadShare, LLC, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys fees, arising out of or in connection with any use of the Application and/or the Site, your conduct in connection with the Application and/or the Site, or with other Users of the Application and/or the Site, or any violation of these Terms of Use or of any law or the rights of any Third-Party.
Transactions
Actions We May Take. As part of our effort to keep TreadShare, LLC safe, we may take certain actions to reduce liability for our Users and us. We may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness. We may cancel any Carpool Ride if we believe the transaction violates these Terms of Use, or we believe doing so may prevent financial loss. We may place a delay on a payment for a period, limit your activity, limit your ability to make a payment or deactivate your account if we believe doing so may prevent financial loss. We may contact your payment source issuer, law enforcement, or impacted third parties (including other Users) and share details of any payments you are associated with if we believe doing so may prevent financial loss or a violation of law. We may cancel any credits transferred, assigned, or sold in violation of these Terms of Use.
Background Checks. TreadShare, LLC may require that a User to submit to a background check. If TreadShare requires a background check, you agree and acknowledge that TreadShare may charge you up to $50.00 for such background check which may be withheld from payments owed to Drivers, charged to a User’s credit card on file, or removed from a User’s bank account on file. Upon receipt of the background check, if you meet the requirements for passing such background check, TreadShare, LLC may put information on your profile that you have been background checked and verified.
Disputes and Reversals. If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify us immediately, so that we may take action to prevent financial loss. To the fullest extent permitted by law, you waive all claims against us related to payments unless you submit the claim to us within 30 days after the charge. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties, and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted. If you enter into a transaction with a User and have a dispute with that User, we have no liability for your interaction. Our only involvement with regard to such transaction is as a payment agent. We may intervene in disputes between Users concerning payments but have no obligation to do so.
Miscellaneous
Governing Law; Venue and Jurisdiction. By visiting or using the Application and/or the Site, you agree that the laws of the State of Colorado, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and TreadShare, LLC or any of TreadShare, LLC’s affiliates. You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Colorado located in Denver, Colorado, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Colorado.
Notices and Amendments to These Terms of Use. We may provide notices to you by posting them on our Site, or by sending them to an email address or street address that you previously provided to us. Website and email notices shall be considered received by you within 24 hours of the time posted or sent; notices by mail shall be considered received within three business days of the time sent. The Terms of Use in place at the time you confirm a transaction will govern that transaction.
Termination. TreadShare, LLC may terminate your account, delete your posts, and any content or information that you have posted on the Application and/or the Site, and/or prohibit you from using or accessing the Application and/or the Site for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 18 years of age, or violate these Terms of Use.
Severability. If a court of competent jurisdiction holds any provision of these Terms of Use invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use and the remaining portions of these Terms of Use shall continue in full force and effect.