Welcome To CoShare
CoShare Inc. serves to connect and communicate better with roommates, couples, and family. CoShare Inc. has outlined these terms and conditions, so you’ll know the rules that govern our relationship with you. These terms form a legally binding contract between you and CoShare Inc. So please read them carefully to understand the terms and conditions with your use of CoShare App. By using CoShare, you agree to our Terms and Conditions (“Terms”) by installing, accessing, or using our apps, services, features, software, or website (together, “Services”). Of course, if you don’t agree with them, then don’t use the Service.
Terms & Conditions
By using the Services, you state that:
● You can form a binding contract with CoShare Inc.
● You are not a person who is barred from receiving the Services under the laws of the United States or any other applicable jurisdiction—including, for example, that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition.
● You are not a convicted sex offender.
● You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
By downloading or using CoShare, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app. You’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to CoShare Inc.
CoShare Inc. is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.
CoShare Inc. stores and processes personal data that you have provided to us, in order to provide service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the CoShare app won’t work properly or at all.
You should be aware that there are certain things that CoShare Inc. will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but CoShare Inc. cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.
You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.
If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third-party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.
Along the same lines, CoShare Inc. cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the service, CoShare Inc. cannot accept responsibility.
With respect to CoShare’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavor to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. CoShare Inc. accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.
(a) At some point, we may wish to update the app. The app is currently available on iOS –the requirements for system (and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. CoShare Inc. does not promise that it will always update the app so that it is relevant to you and/or works with the iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, we may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end;
(b) you must stop using the app, and (if needed) delete it from your device.
Rights You Grant CoShare Inc.
Many of our Services let you create, upload, post, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content. How broad that license is depends on which Services you use and the Settings you have selected.
We call Feed submissions that are set to be viewable by everyone as well as content you submit to crowd-sourced Services. For all content you submit to the Services, you grant CoShare Inc. and our affiliates a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones.
Respecting People’s Rights
CoShare Inc. respects the rights of others. And so, should you. You therefore may not use the Services, or enable anyone else to use the Services, in a manner that:
● violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual-property right.
● bullies, harasses, or intimidates.
● spams or solicits our users.
You must also respect CoShare Inc.’s rights and adhere to the Private Policy and any other brand guidelines published by CoShare Inc. You may not do any of the following (or enable anyone else to do so):
● use branding, logos, designs, photographs, videos, or any other materials used in our Services, except as explicitly allowed by the General Guidelines or other General guidelines published by CoShare Inc.
● copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms.
● use the Services, any tools provided by the Services, or any content on the Services for any commercial purposes without our consent.
In short: You may not use the Services or the content on the Services in ways that are not authorized by these Terms. Nor may you help anyone else in doing so.
CoShare Inc. honors copyright laws, including the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if CoShare Inc. becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user’s account.
We try hard to keep our Services a safe place for all users. But we can’t guarantee it. That’s where you come in. By using the Services, you agree that:
● You will not use the Services for any purpose that is illegal or prohibited in these Terms.
● You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information.
● You will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent.
● You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
● You will not use or attempt to use another user’s account, username, or password without their permission.
● You will not solicit login credentials from another user.
● You will not post content that contains or links to pornography, graphic violence, threats, hate speech, or incitements to violence.
● You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
● You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access.
● You will not probe, scan, or test the vulnerability of our Services or any system or network.
● You will not encourage or promote any activity that violates these Terms.
We also care about your safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws. For example, do not harass a member through our communication and connection feed.
You are responsible for any activity that occurs in your CoShare account. So it’s important that you keep your account secure. One way to do that is to select a strong password that you don’t use for any other account.
By using the Services, you agree that, in addition to exercising common sense:
● You will not create another account if we have already disabled your account, unless you have our written permission to do so.
● You will not buy, sell, rent, or lease access to your CoShare account without our written permission.
● You will not share your password.
● You will not log in or attempt to access the Services through unauthorized third-party applications or clients.
If you think that someone has gained access to your account, please immediately reach out to CoShare Support.
Feed and Shopping
Feed and Shopping are our data-storage service that makes it easier for you to upload images, communicate, connect, and organize your activities anytime, anywhere. By agreeing to these Terms, you automatically enable Feed and Shopping. Once Feed and Shopping is enabled, it will remain enabled for as long as you maintain your CoShare account.
Your content in Feed and Shopping might become unavailable for any number of reasons, including things like an operational glitch or a decision on our end to terminate your account.
We make no promise that Feed and Shopping will be able to accommodate your precise storage needs. We reserve the right to set storage limits for CoShare Inc, and we may change these limits from time to time in our sole discretion. And just as with our other Services, your use of Feed and Shopping may take up space on your device and may incur mobile data charges.
You may not resell any Feed and Shopping features. This means you can’t do something like use Feed and Shopping to operate your own file-storage or distribution service for other people.
If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party’s terms will govern the respective party’s relationship with you. CoShare Inc. is not responsible or liable for a third party’s terms or actions taken under the third party’s terms.
Modifying the Services and Termination
We’re relentlessly improving our Services and creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.
While we hope you remain a lifelong CoSharer, you can terminate these Terms at any time and for any reason by deleting your account.
CoShare Inc. may also terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services or impose new or additional limits on your ability to use our Services. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason.
We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE COSHARE INC. ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE. COSHARE INC. TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH COSHARE INC. WILL BE RESPONSIBLE FOR.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COSHARE INC. AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND
SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF COSHARE INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COSHARE INC.’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID COSHARE INC., IF ANY, IN THE LAST 12 MONTHS.
Arbitration, Class-Action Waiver, and Jury Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND COSHARE INC. TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
a. Applicability of Arbitration Agreement. You and CoShare Inc. agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and CoShare Inc. are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. To be clear: The phrase “all claims and disputes” also includes claims and disputes that arose between us before the effective date of these Terms.
b. Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules, available here as of the date of these Terms, or by calling the AAA at 1-800-778-7879. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
c. Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
d. Fees. If you choose to arbitrate with CoShare Inc., you will not have to pay any fees to do so. That is because CoShare Inc. will reimburse you for your filing fee and the AAA’s Consumer Arbitration Rules provide that any hearing fees and arbitrator compensation are our responsibility. To the extent another arbitral forum is selected, CoShare Inc. will pay that forum’s fees as well.
e. Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and CoShare Inc. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and CoShare Inc.
f. Waiver of Jury Trial. YOU AND COSHARE INC. WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and CoShare Inc. are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and CoShare Inc. over whether to vacate or enforce an arbitration award, YOU AND COSHARE INC. WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
g. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 18.
h. Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.
i. Opt-out. You may opt out of this arbitration agreement. If you do so, neither you nor CoShare Inc. can force the other to arbitrate. To opt out, you must notify CoShare Inc. in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your CoShare account information and the email address you used to set up your CoShare account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement. You must email the opt-out notice to Coshare.email@example.com.
j. Small Claims Court. Notwithstanding the foregoing, either you or CoShare Inc. may bring an individual action in small claims court.
k. Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with CoShare Inc.
Additional Terms for Specific Services
Given the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of your agreement with us if you use those Services. If any part of those additional terms and conditions conflicts with these Terms, the additional terms and conditions will prevail.
● These Terms (together with any additional terms applicable to specific Services you use) make up the entire agreement between you and CoShare Inc., and supersede any prior agreements.
● These Terms do not create or confer any third-party beneficiary rights.
● If we do not enforce a provision in these Terms, it will not be considered a waiver.
● We reserve all rights not expressly granted to you.
● You may not transfer any of your rights or obligations under these Terms without our consent.
Changes to This Terms and Conditions
I may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. I will notify you of any changes by posting the new Terms and Conditions on this page. These changes are effective immediately after they are posted on this page.
If you have any questions or suggestions about my Terms and Conditions, do not hesitate to contact us at Coshare.firstname.lastname@example.org