Effective: February 27, 2017
PLEASE READ THESE TERMS CAREFULLY, AS THEY ESTABLISH A BINDING LEGAL AGREEMENT BETWEEN YOU AND CARSMARTT.
The Terms & Conditions referenced herein establish a legally binding agreement (the “Agreement”) between you and Sports Supplement Group, Inc., which will be subsequently known as Luthor Holding, Inc., DBA Carsmartt, (hereinafter referred to as, “Carsmartt,” “we,” “us” or “our”) and govern your access or use of the Carsmartt application, website, and technology platform (collectively, the “Carsmartt Services”).
Please be advised that by accessing or using Carsmartt Services, you hereby expressly acknowledge that you understand this Agreement in its entirety, and agree to be legally bound to all of its terms, and any future amendments and additions periodically made by Carsmartt in order to provide our services effectively. Do not access or use our services if you do not agree to be bound by the terms of this Agreement. Any and all modifications to these Terms & Conditions will take effect upon posting of an updated version. Continued use of our Services after such an update is posted, constitutes full express consent to any changes made to the terms herein.
PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS AND DISPUTES BETWEEN YOU AND CARSMARTT WILL BE RESOLVED. PLEASE READ THESE PROVISIONS CAREFULLY, AS THIS AGREEMENT REQUIRES DISPUTES BETWEEN YOU AND CARSMARTT TO BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING THE CONSEQUENCES OF THIS IMPORTANT DECISION REGARDING MANDATORY BINDING ARBITRATION. YOU MAY NOT USE OR ACCESS OUR SERVICES IF YOU DO NOT AGREE WITH THIS OR ANY PROVISION OF THIS AGREEMENT.
At Carsmartt, we aim to make long distance travel and the transportation of personal goods easier, safer, and more affordable, while connecting people along the way.
Carsmartt’s website, mobile application, and related services (collectively, “Carsmartt Services”) provide a unique and user-friendly platform for drivers and riders to connect and contract with each other to: facilitate long distance ride-sharing; and/or transport tangible personal property.
Use of Our Services
All users must create a User Account, whereby each user agrees to provide any personal information necessary for Carsmartt to render its services and fulfill its mission. All users must be at least 18 years of age, or the legal age of majority in your jurisdiction, to create an account. Non-driver users will be required to provide information, such as, but not limited to: full name, age, phone number, email address, and other similar information. All users must hereby declare that all of the information they provide to us is true and entirely accurate. Carsmartt shall not be liable to any user who provides false, incomplete, inaccurate, misleading, or fraudulent information.
You may not authorize any third party to use your account and you may not allow any person under the age of 18 years old to use Carsmartt services unless you are present during the use of our Services. You agree not to cause nuisance, annoyance, inconvenience, or property damage, while using or rendering Carsmartt Services, whether to the Third Party Provider or any other party. You agree that you may be denied access to or use of the Services if you refuse to provide proof of identity, when requested by Carsmartt for any reason in its sole discretion to verify your identity.
Carsmartt reserves the right, if deemed necessary and in its sole discretion, to rigorously screening driver applications and/or perform extensive background checks of any user, at any time Carsmartt. If Carsmartt does perform such checks, they shall include, but will not be limited to, verifying users’ identities, criminal background, and any other checks Carsmartt deems reasonably necessary. Carsmartt also reserves the right to use third party services in order to conduct such searches about any registered user. Accordingly, all registered users consent to Carsmartt performing such screening processes and background checks aforementioned, in Carsmartt’s sole discretion for the safety and efficiency of its services, or as required to be in compliance with any applicable laws.
Additionally, Carsmartt reserves the right, with or without providing notice, to interrupt, suspend, temporarily or permanently cancel any user’s account, and thereby disallowing such user to continued access and use of any Carsmartt Services, if it has been determined that such user is in violation of any of these Terms & Conditions.
Restriction of Commercial Activity
Carsmartt may be used solely for personal and non-commercial purposes. Commercial activity is strictly prohibited and no user may use Carsmartt’s Services to offer or accept similar services for hire or reward or for profit, or in any commercial or professional manner outside of the realm permitted using our platform. Our Services may only be used as intended between users. By creating an account and continuing use of our Services, all users agree not to offer or accept any of the aforementioned forbidden commercial purposes.
All destination locations and any services between users must be agreed upon via Carsmartt’s platform. Drivers are not permitted to provide any additional services for the traveling user or the sender and may not pick up any other travelers from a location that has not been pre-negotiated and agreed upon through the use of our platform.
Carsmartt shall not be liable to any user who violates and thereby breaches this provision of this Agreement, forbidding the user from using our Services for prohibited commercial purposes mentioned herein, for any incidents that may occur, or any other reason.
Please be informed that CarSmartt is not a provider of transportation services. However, Carsmartt Services merely act as a platform to facilitate communication between users so they may transact with each other. Thereby, users use the Carsmartt platform to enter into an agreement with other users for ride-sharing or sending of packages with other users for hire. Although users use CarSmartt’s Services to enter into agreements or transactions with other users, Carsmartt is not a party to any of these agreements or transactions and shall not be held liable for any disputes or legal causes of action arising out of such agreements or transactions. CarSmartt is not and will not act as an agent for any user.
User Provided Content
All users also agree not to publish content that may be deemed inappropriate, offensive, defamatory, misleading, or infringing upon any other’s intellectual property rights, or otherwise punishable by law while using Carsmartt’s Services. Any user that violates the foregoing statement shall be personally liable for any damages that arise out of such publication on our platform. Carsmartt agrees to use any reasonable means to recognize and remove such content as soon as possible to avoid injury or further injury, however, all users understand that Carsmartt shall not be liable to any person for any injury or damages that may result as a consequence to such content being publicly displayed.
Communication between Users
Communication between Carsmartt and its Users
All users agree that Carsmartt may contact any user via telephone or SMS messages at the phone number provided by the user in creating the user’s account in reference to the account or any relevant matter related to or in connection to the use of any Carsmartt Services, or any matter that occurred during the use of any Carsmartt services. Additionally, Carsmartt reserves the right to send you promotional or marketing based content via text message or email, however, each individual user will be able to opt out of these promotional communications by following the specified instructions that will be including in the text of such promotional communications.
All users acting as drivers providing Carsmartt Services are required to provide their own valid liability insurance policy, whether such user provides ride-sharing or the transportation of personal property of other users. Such insurance policy must cover any vehicle used during the execution of any of our Services and must extend to cover occupants in the vehicle and third party liability. Further, all users agree to be responsible for and will make any necessary contacts with the user’s insurance, in the event of any motor vehicle accident while using any Carsmartt Services. All users agree that in the event of such motor vehicle accident, Carsmartt shall not be liable for any injuries, damage, or death resulting from any motor vehicle accident that occurs while using Carsmartt Services.
All drivers agree to hold a valid driver’s license and present proof of their valid insurance policy for the vehicle they are driving to execute Carsmartt Services, to any user acting as a passenger/co-traveler upon request of such user at any time during the duration of the trip.
All users agree not to use any Carsmartt Services to commit any fraud, unlawful, or any criminal activity. If any user engages in such activity while using Carsmartt Services, such user will be subject to any and all applicable punishments by law.
Transportation of Personal Property
Prohibited Personal Property
All users using Carsmartt Services to send personal property and all users acting as drivers to transport personal property using Carsmartt Services agree not to knowingly send, accept, pick-up, carry or deliver any of the following:
Firearms or weapons of any kind, unless the packages are baggage from airline travel that are in strict compliance with all TSA regulations;
Any tobacco products, wine, spirits, or any other alcoholic liquors of any kind or any other items regulated and controlled by the United States Alcohol and Tobacco Tax and Trade Burreau;
Any explosives or fireworks of any kind, or any items that appear to be explosives;
Any hazardous or toxic materials or waste;
Any non-domestic animals, please contact Carsmartt if you have questions about what constitute a permitted domestic animal;
Any prescription or over the counter medicine that does not belong to the prescription holder or the recipient of the medicine.
Marijuana , whether or not it is intended for medicinal purposes;
Precious stones or industrial diamonds,
Negotiable instruments, money orders, postage stamps, coins or any other form of currency;
Human remains or body parts or any related items.
Carsmartt shall not be held liable or responsible for any user, whether the user is a sender, passenger, or driver, for any prohibited items listed above from being sent, carried, transported, or received in conjunction with the use of Carsmartt Services.
Lost or Damaged Items
Carsmartt is not liable for the loss or any damage to any personal property in transit during the use of Carsmartt Services. All users using Carsmartt Services to transport their personal property are responsible for properly packaging their goods, as to prevent damage during transport.
All parcels must be closed and properly sealed by the sender and will be categorized by size: small, medium, or large. All senders must obtain a minimum of $100 insurance for each parcel being shipped, costing the sender $2.00 USD. If a sender wishes to purchase additional insurance for their package, this may be done via the mobile application, where such applicable fees shall be posted.
All drivers transporting parcels have a one-time forgiveness policy, whereby Carsmartt shall provide coverage for a parcel which has been the lost or damaged. However, if a driver loses or damages a package more than once, such user’s account will be permanently removed from the CarSmartt Platform.
Carsmartt may provide notice by means of a general notice via the application or other related Services, electronic mail to the email address you Carsmartt has on record, telephone or text message to the phone number associated with your account, or by written communication sent by first class mail or pre-paid post to any address Carsmartt may have in its records. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending electronically or by telephone. You may give notice to Carsmartt (such notice shall be deemed given when received by Carsmartt) at any time by letter delivered by nationally recognized overnight delivery service or first class postage prepaid to Sports Supplement Group, Inc., which will be subsequently known as Luther Holding, Inc., DBA Carsmartt, at 5246 SW 8th Street, Suite 204F, Miami, FL 33144.
The arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules, or as otherwise mutually agreed by you and Carsmartt in this agreement or any subsequent formal writing. The AAA Rules are available at www.adr.org/arb_med or by calling 1-800-778-7879.
You and Carsmartt agree that the arbitrator, and not any federal, state, or local court or agency, shall possess exclusive authority to resolve any disputes that may arise between any user and Carsmartt, in relation to the application, enforceability, or creation of this dispute resolution contained in this Agreement. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. All claims shall be brought within the time required by applicable law.
You are responsible for paying any AAA filing, administrative and/or arbitrator fees in accordance with the AAA Rules.
Carsmartt owns and retains all of Carsmartt’s Services, website, mobile application, and all the intellectual property and proprietary rights contained therein are and all such rights shall remain Carsmartt’s property or Carsmartt’s business affiliates. Nothing contained in this Agreement nor your use of Carsmartt services grants you any rights, other than the limited, non-exclusive, non-sublicensable, revocable, non-transferable license granted to users in the subsequent section of this Agreement.
Subject to your compliance with the terms set forth herein, Carsmartt expressly grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use Carsmartt Services and on your personal device; and (ii) access and use any content viewable by you which you are permitted to access, in each case exclusively for your personal and noncommercial use. All other existing rights or licenses you are not expressly granted a license to herein are exclusively controlled and reserved by Carsmartt.
Carsmartt’s Protected Property
All of the content, interface, and format incorporated in this Agreement, or anywhere on Carsmartt’s website, application or other pages or communications, including text, graphics, logos, audio, data, and other similar information is copyright and trademark material that belongs to Carsmartt and its affiliates. All users understand that none of the aforementioned protected materials may be replicated, copied, or reproduced for any commercial purposes without first obtaining Carsmartt’s express written consent.
Claims of Copyright Infringement
If you believe, in good faith, that our Services or any related materials that belong to us infringe upon your copyrights, please contact us at email@example.com and include your name and contact information as well as detailed information pertaining to the purported copyrighted materials.
Your responsibilities, duties, and obligations set forth herein may not be assigned to any party without first obtaining the written consent from Carsmartt in each instance. Any attempted assignment in violation of this provision shall be rendered void.
No Partnership or Joint Venture
No joint venture, partnership, employment, or agency relationship exists between you, any other user, Carsmartt or any third party provider as a result of users entering into an agreement with each other, or their use of any of Carsmartt’s Services.
ALL SERVICES PROVIDED HEREIN ARE "AS IS" AND "AS AVAILABLE." CARSMARTT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, CARSMARTT MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. CARSMARTT DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
Limitation of Liability
CARSMARTT SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF CARSMARTT EVEN IF CARSMARTT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CARSMARTT SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF CARSMARTT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CARSMARTT SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND CARSMARTT'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT CARSMARTT HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. IN CERTAIN STATES OR JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, CARSMARTT’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON CARSMARTT’S CHOICE OF LAW PROVISION SET FORTH HEREIN.
You agree to defend, indemnify, and hold Carsmartt and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Carsmartt’s use of your user Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
These terms shall be governed by and construed in accordance with the laws of the State of Florida, U.S.A., regardless of whether you reside in Florida or whether a conflict of law principles exists, except as may be required in accordance with the AAA’s Commercial Arbitration Rules, as mentioned above.
The section headings contained in this agreement are for reference purposes only and shall not affect the meaning or interpretation of this agreement.
If any provision of these Terms & Conditions is determined to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
Carsmartt’s failure to enforce any right or provision in these Terms & Conditions, or any agreement between its users, whether intentionally or by oversight, shall not constitute a waiver of such right or provision, unless acknowledged and agreed to by Carsmartt in writing.
The Terms & Conditions set forth herein, including all terms, conditions and agreements referenced herein, including without limitation the agreements between users, encompass the entire agreement between all Carsmartt and all individuals who access or use Carsmartt Services. This Agreement supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.