You represent and warrant that you are at least 18 years old, and that you have a right, authority and capacity to enter into and abide by the Terms.
CARBON AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. YOUR CONTINUED USE OF CARBON WILL INDICATE YOUR WILLINGNESS TO BE BOUND BY THESE TERMS, WHICH MAY CHANGE FROM TIME TO TIME. THESE TERMS GRANT 3Good CERTAIN RIGHTS AND LICENSES, PROVIDE 3Good CERTAIN INDEMNITIES, WAIVE CERTAIN OF YOUR RIGHTS AND REMEDIES, AND LIMIT 3Good’S LIABILITY AND OBLIGATIONS TO YOU. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, PROMPTLY EXIT CARBON AND DO NOT PURCHASE PRODUCTS OR USE THE SERVICES AVAILABLE ON CARBON.
2. Access and Use. Access to Carbon is provided for your personal use or for the use of your business. When using Carbon, you agree to comply with all applicable federal, state, and local laws, regulations, statutes, and third party terms of agreement (i.e. your wireless data service agreement).
Carbon is protected by federal and state copyright and trademark laws. No portion of the materials on Carbon may be reprinted, copied, republished, modified, used to create derivative works, publicly displayed, published, transmitted, adapted, distributed, reverse-engineered, decompiled, disassembled, attempt to obtain the source code, or otherwise exploited in any form without the express written permission of 3Good and/or the respective owner of any third party content. You shall keep intact and not remove, obscure, or alter any copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by Carbon and shall comply with any applicable end user license agreements.
3Good grants you a limited right to install and use Carbon on a single authorized device located in the United States and its territories. Carbon may not be downloaded to or exported or re-exported to a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, or to any prohibited or restricted country, person, end-user, or entity specified by federal or state laws.
Additionally, you may not:
If 3Good believes you are abusing Carbon in any way, 3Good may, in 3Good’s sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to Carbon, delay or remove hosted content, remove any special status associated with your account(s), and take technical and/or legal steps to prevent you from using Carbon. 3Good has the right to take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of Carbon; and fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity or other information of anyone posting any materials on or through Carbon. YOU WAIVE AND HOLD HARMLESS 3Good AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
3Good reserves the right to amend or withdraw Carbon, or charge for Carbon or service provided to you in accordance with these Terms, at any time and for any reason without notice. We will not be liable if for any reason all or part of Carbon are unavailable at any time or for any period.
3. Intellectual Property Notice. Unless otherwise explicitly specified, Carbon and included content (and any derivative works or enhancements of the same), including, but not limited to, all layouts, texts, illustrations, instructions, files, images, designs, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, advertising copy, technology, documentation, interactive features, the compilation, assembly, and arrangement of the materials of Carbon, and any and all copyrightable material (including source and object code) (collectively, the “Carbon Content”) and all patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof, are owned or controlled by 3Good, 3Good’s licensors, or both. Additionally, all trademarks, service marks, trade names, trade identities, and trade dress that may appear on Carbon are owned by 3Good, 3Good’s licensors, or both. Except for the limited use rights granted to you in these Terms, you shall not acquire any right, title, or interest in Carbon or any Carbon Content. Any rights or remedies not expressly granted in these Terms are expressly reserved by 3Good.
4. Confidential and Proprietary Information. 3Good does not want to receive confidential or proprietary information from you through Carbon. Please note that any information or material sent to 3Good through Carbon will be deemed NOT confidential except as stated in these terms. By sending 3Good any information or material, you grant 3Good an unrestricted, irrevocable, world-wide, royalty-free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that 3Good is free to use any ideas, concepts, know-how, or techniques that you send 3Good for any purpose.
5. User Content. 3Good may now or in the future permit users to post, upload, display, publish, distribute, transmit through, broadcast, or otherwise make available on Carbon messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, details, content, posts, and/or other materials (“User Content”).
By posting content to Carbon, you warrant and represent that you either own or otherwise control all of the rights to that content, including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the content or that your use of the content is a protected fair use. You agree that you will not knowingly and with intent to defraud provide material and misleading false information. It is your sole responsibility to ensure that your postings do not disclose confidential and/or proprietary information that you are not authorized to disclose. You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not 3Good, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
You represent, warrant, and covenant that you will not submit any User Content that: (i) violates or infringes in any way the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary, or other third party right of any person or entity; (ii) impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, lewd, excessively violent, harassing, discriminating, deceptive, or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense or otherwise violate any law; (iv) except as necessary to perform the purpose of Carbon, is an advertisement for goods or services or a solicitation of funds; (v) except as necessary to perform the purpose of Carbon, includes personal information such as messages which identify phone numbers, social security numbers, account numbers, or addresses; (vi) contains a formula, instruction, or advice that could cause harm or injury; (vii) is a chain letter of any kind; (viii) depicts any third party trademarks or products or services in any manner that violates their rights or could otherwise create liability; (ix) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case; or (x) violates these Terms.
By posting your User Content using Carbon, you are granting an unrestricted, unlimited, irrevocable, non-exclusive, royalty-free, perpetual, worldwide, and fully transferable, assignable, and sub-licensable right and license to use, copy, reproduce, disclose, sell, sublicense, lease, reproduce, modify, adapt, publish, translate, create collective or derivative works from, distribute, perform, display, and otherwise exploit your User Content in whole or in part and to incorporate it in other works in any form, media, or technology now known or later developed by 3Good. You also grant other users permission to access your User Content and to use, copy, reproduce, disclose, sell, sublicense, lease, reproduce, modify, adapt, publish, translate, create collective or derivative works from, distribute, perform, display, and otherwise exploit your User Content for personal, non-commercial use as permitted by the functionality of Carbon and these Terms. You agree that your User Content will be treated as non-confidential and non-proprietary as discussed above.
By submitting User Content, you also grant 3Good the right, but not the obligation to use your biographical information, including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content. Notwithstanding the foregoing, you further warrant that all so-called moral rights in the User Content have been waived.
You should be aware that submissions of User Content or other information may not be secure, and you should consider this before submitting any information to 3Good. 3Good cautions you not to disclose personal information about yourself or your children, such as social security numbers, credit card numbers, etc.
3Good has the right, but not the obligation, to monitor User Content. 3Good has no obligation to post, maintain, accept, display, exploit, or otherwise make use of User Content and does not guarantee distribution of User Content. User Content will not be returned and you will not have the right, once posted, to access, archive, maintain, or otherwise use such User Content on Carbon. 3Good may discontinue operation of Carbon or your use of Carbon, in either case in whole or in part, in 3Good’s sole discretion. 3Good may, in 3Good’s sole discretion, delete, move, re-format, edit, alter, distort, remove, or refuse to exploit User Content without notice or liability; provided, however, that 3Good reserves the right to treat User Content on Carbon, or on certain portions of Carbon, as content stored at the direction of users for which 3Good will not exercise editorial control except to block or remove content that is obscene, lewd, violent, harassing, or otherwise objectionable or to enforce the rights of third parties.
6. User Registration. In order to access or use some (or potentially all) of the features of Carbon, you may have to become a registered user. If you become a registered user, you will provide true, accurate, current, and complete registration information about you as may be prompted by any registration forms and, if such information changes, you will promptly update the relevant registration information. During registration, you may be required to create a username and password (a “Membership”), which may permit you access to certain areas of Carbon not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Membership and for restricting access to your computer or mobile phone so that others may not access any password protected portion of Carbon using your username in whole or in part. If you register with 3Good, you agree to accept sole responsibility for all activities that occur under your Membership, whether or not you have authorized the activity. You agree you will not sell, transfer, or assign your Membership or any Membership rights. You agree to notify 3Good immediately at email@example.com of any breach of security or unauthorized use of your Membership. You may terminate your Membership at any time by sending an email to firstname.lastname@example.org. By creating a Membership, you agree that 3Good may send you information or contact you as part of the normal business operation of your use of Carbon. 3Good reserves the right to terminate your account or otherwise deny you access to Carbon in 3Good’s sole discretion for any or no reason without notice and without liability.
7. Mobile Specific Terms.1. Mobile Specific Terms. Carbon may not contain the same functionality available on all mobile devices. If you download Carbon, 3Good may require you to update the version of Carbon from time to time in order to continue to use Carbon. 3Good will not provide you with any device, internet access, or wireless connection to use Carbon.
These Terms are an agreement between you and 3Good, and not with the mobile device Carbon is installed on. You agree to also comply with the terms and conditions that apply to you based on the mobile device Carbon is installed on (e.g., iOS/Apple, Windows/Microsoft, or Blackberry). These third party beneficiaries are not parties to these Terms and are not responsible for the provision or support of Carbon in any manner. If you are accessing Carbon through an Apple device, then the terms of Apple’s Licensed Application End User Agreement are applicable to you, as the “end-user” and are incorporated into these Terms by this reference.
You further acknowledge that the terms of agreement with your respective mobile network provider (“Mobile Provider”) will continue to apply when using Carbon. Your Mobile Provider’s normal messaging, data, and other rates and fees will, however, still apply. Your Mobile Provider may prohibit or restrict certain mobile services and certain mobile services may be incompatible with your Mobile Provider or mobile device. You should check with your Mobile Provider to find out what plans are available and how much they cost. By using Carbon, you agree that 3Good may communicate with you regarding Carbon and 3Good’s partners by SMS, MMS, text message, or other electronic means to your mobile device and that certain information about your usage of Carbon will be communicated to 3Good.
You agree that in connection with Carbon for which you are registered for, 3Good may send communications to your mobile device regarding 3Good or other parties. Further, 3Good may collect information related to your use of Carbon. If you have registered for Carbon, you agree to notify 3Good of any changes to your mobile number and update your account(s) on Carbon to reflect this change.
You accept responsibility for any such charges that arise from your Mobile Provider. If you are not the bill payer for the mobile telephone or handheld device being used to access Carbon, you will be assumed to have received permission from the bill payer for using Carbon. 3Good will not be responsible for any text messaging or other wireless charges incurred by you or by a person who has access to your wireless device or telephone number.
8. Services Charges & Fees. The fees 3Good charges for using Carbon are listed in 3Good’s Standard Fees page, if any. You agree to pay the applicable fees disclosed at the time of purchase in connection with your use of Carbon. Subject to the terms of these Terms, 3Good reserves the right to change its fees upon fourteen (14) days’ advance notice. You must agree to the change in fees to continue to use Carbon. All fees, charges, and payments collected or paid through Carbon are denominated in US dollars. There may be additional fees, charges, or payments required by 3Good’s contractual arrangement with affiliates, services providers, partners, and other third parties. By using their services, you agree to be bound by such third parties’ fees and Terms.
9. Children. Collecting personal information from children under the age of 13 (“Minor Children”) through Carbon is prohibited. No User Content should be directed toward Minor Children. Minor Children are not eligible to use Carbon and 3Good asks that they do not submit any personal information to 3Good.
10. Links or Pointers to Other Application. 3Good makes no representations whatsoever about any other third party website or application (“Third Party Website”) that you may access though Carbon. When you access a Third Party Website, please understand that it is independent from 3Good, and that 3Good has no control over the content on that Other Website. In addition, a hyperlink to a Third Party Website does not mean that 3Good endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature. You acknowledge that different terms and privacy policies may apply to your use of such Third Party.
11. Third Parties’ Content and Services. This Application may include content provided by third parties, including materials provided by other users, vendors, service providers, consumers, and third-party licensors, syndicators, aggregators and/or reporting services (“Third Parties”). All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by 3Good, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any Third Parties.
Further, Carbon provides you will a platform to seek Transportation Services (“Rider’) or provide Transportation Services (“Driver”). “Transportation Services” shall mean a prearranged trip from one destination to another in a vehicle properly licensed under state or local law. 3Good does not make any representations or warranties regarding the Rider, Driver, or Transportation Services. All Transportation Services are provided “as is.” Any decision made by a Driver or Rider to engage in Transportation Services is made in your sole discretion. 3Good shall not be responsible for or a party to any agreement between you and/or a Rider or Driver.
12. Payment Services. The payment services allow you to pay for Transportation Services through Carbon (“Payment Services”). In order to use the Payment Services, you must: (1) install Carbon on a compatible mobile device; (2) schedule the Transportation Services through Carbon; (3) provide valid payment method information through or to Carbon as further described below; (4) provide and verify your mobile phone number as further described below; and (5) have a Membership in good standing. 3Good may charge you a fee to use the Payment Services. Your mobile carrier’s standard text message and data charges may apply; you are responsible for any fees charged by your mobile carrier in connection with your use of the Payment Services and Application.
To confirm that the payment method information you have provided through or to Carbon is accurate, we may place a temporary authorization on your payment method at the time you provide your payment method information through or to Carbon or when you opt in to use the Payment Services. After we verify that your payment method information is accurate, usually within a few days, the authorization will be removed.
By providing debit or credit card account information through or to Carbon, you represent, warrant, and covenant that: (1) you are legally authorized to provide such information to us; (2) you are legally authorized to perform payments from the debit or credit card account(s); and (3) such action does not violate the terms and conditions applicable to your use of such debit or credit card account(s) or applicable law. When you authorize a payment using a debit or credit card account via Carbon, you represent, warrant, and covenant that there are sufficient funds or credit available to complete a payment using the debit or credit card account.
In order to use the Payment Services, you must provide a valid mobile phone number through Carbon and verify such number as instructed by us. To verify your mobile phone number, we will send you a code via text message to the mobile phone number you provided, and you must enter that code as instructed in Carbon. If you change your mobile phone number, you must promptly provide and verify your new mobile phone number. When you provide your mobile phone number, you expressly consent to receive direct dial calls, autodialed and prerecorded message calls, and text messages relating to the Payment Services at that number.
You may establish certain default settings for your use of the Payment Services through Carbon, such as your preferred payment card account if you provided debit or credit card information directly through Carbon. You may change these settings through Carbon.
When you engage Transportation Services, you authorize 3Good to charge your debit or credit card for the full amount of your final invoice, which may include among other things a gratuity based on your selection, if any, any applicable taxes, surcharges or fees and may include adjustments for any errors or omissions. This Agreement does not alter your payment obligations to Drivers; you are responsible for timely payment of all amounts owed by you to any Vendor. Depending on your payment method, you may be subject to certain minimum charges. Except to the extent otherwise required by applicable law, 3Good is not responsible or liable for any payments authorized through Carbon, if applicable, using your payment method information.
As a courtesy, we will email a receipt to the email address associated with your Account upon completion of a transaction using the Payment Services. You may print and save copies of these receipts. If you would like a paper receipt, you must request one from the Driver at the time of the transaction.
You acknowledge and agree that 3Good provides the Payment Services only as a convenience and is not a party to your payment transactions performed using the Payment Services. 3Good is an independent contractor for all purposes and is not your agent or trustee. 3Good is not responsible, and has no liability for, the products or services that are paid for with the Payment Services. 3Good is not responsible for any overcharges or other payment disputes with Drivers and/or Riders. All users must resolve payment and other disputes directly with each other.
3Good is not liable for any payments that the Payment Services do not complete because: (1) your debit or credit card account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit or overdraft protection of the debit or credit card account; (2) you have not provided us with correct payment account information; (3) your debit or credit card has expired; or (4) circumstances beyond our control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) prevent the execution of the transaction. To the extent that any amounts owed cannot be collected from your debit or credit card account through the Payment Services, you are solely responsible for paying the applicable Driver` by other means.
13. Reporting Claims of Copyright Infringement. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from Carbon infringe your copyright, you may request removal of those materials (or access to them) from Carbon by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
Our designated Copyright Agent to receive DMCA Notices is: Copyright Enforcement 3Good LLC 900 Pacific Avenue Los Angeles, CA 90291
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on Carbon is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
14. Warranty Disclaimer; Limitation of Liability; General Disclaimers & Releases. CARBON, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY WEBSITE-RELATED SERVICE, ARE PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WARRANTIES THAT CARBON WILL MEET YOUR REQUIREMENTS, WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, OR INFORMATION CONTENT ON CARBON, WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVISED ON CARBON, WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED THROUGH USE, AND WARRANTIES THAT CARBON WILL BE SECURE OR ERROR-FREE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF CARBON, WEBSITE-RELATED SERVICES, AND HYPERLINKED APPLICATION.
YOU UNDERSTAND THAT ALL USER CONTENT POSTED TO CARBON IS THE SOLE RESPONSIBILITY OF THE INDIVIDUAL WHO ORIGINALLY POSTED THE CONTENT. YOU UNDERSTAND, ALSO, THAT ALL OPINIONS EXPRESSED BY USERS OF CARBON ARE EXPRESSED STRICTLY IN THEIR INDIVIDUAL CAPACITIES, AND NOT AS 3Good’S REPRESENTATIVES OR ANY OF 3Good’S SPONSORS OR PARTNERS. THE OPINIONS THAT YOU OR OTHERS POST ON CARBON DO NOT NECESSARILY REFLECT 3Good’S OPINIONS. IN ALL INSTANCES, IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, TIMELINESS, COMPLETENESS, OR USEFULNESS OF THE CARBON CONTENT. UNDER NO CIRCUMSTANCE WILL 3Good BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY CARBON CONTENT.
3Good, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (EVEN IF FORESEEABLE OR IF 3Good HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR OTHER THEORY, ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH CARBON, THESE TERMS, WEBSITE-RELATED SERVICES, CONTENT, OR INFORMATION CONTAINED WITHIN CARBON, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH CARBON, WEBSITE-RELATED SERVICES, AND/OR HYPERLINKED APPLICATION IS TO STOP USING CARBON AND/OR THOSE SERVICES.
In addition, to the extent permitted by applicable law, 3Good (including its parent, subsidiaries, and affiliates, and its and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
Although 3Good attempts to ensure the integrity and accurateness of Carbon, it makes no guarantees whatsoever as to the correctness or accuracy of Carbon. It is possible that Carbon could include inaccuracies or errors, and that unauthorized additions, deletions, and alterations could be made to Carbon by third parties. In the event that an inaccuracy arises, please inform 3Good at email@example.com so that it can be corrected. Information contained on Carbon may be changed or updated without notice.
If you have a dispute with one or more users or third parties, you release 3Good (and its affiliates and subsidiaries, and its and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.
Regardless of the previous paragraphs, if 3Good is found to be liable, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF 3Good AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED Five hundred dollars ($500.00).