Commons Community Terms of Use/Hold Harmless

Helping small rural communities self-organize,
save $$$ and CO2, and become stronger.

From Michael Jensen, founder and ceo:

Because we have Carpooling as one of the tools and benefits of any Commons, we asked our lawyers and insurance agents questions about liability and protection. Insurance and legal professionals agree that because Commons Carpool drivers do not profit from a Commons Carpool trip (travel costs are shared equally), it is not a business relationship, but rather is the same as giving your neighbor a ride somewhere. Any legal driver's existing auto insurance provides full coverage for a trip with truly shared costs.

Nonetheless, we are required by modern society to have every Member agree to the following, as a condition of Membership in the Commons, by way of clicking "I agree" to the following (upon Registration), and confirming periodically (when logging back in to the service):

Terms & Conditions/Hold Harmless Agreement
between you the Member User (hereafter, "the User") and mwmwm, inc. (hereafter, "the online Commons")

By becoming a member User of the online Commons, the User agrees to hold harmless and indemnify the online Commons, its officers, directors, employees, and agents from any claims, damages, liabilities, losses, or expenses arising from or related to the use of the online Commons.

The User acknowledges that transportation comes with inherent risks, including but not limited to accidents, property damage, personal injury, and delays, and unexpected travel expenses. The User expressly assumes all such risks and agrees that the online Commons shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from the use of the online Commons, as a Driver or a Rider.

The User agrees to release, discharge, and waive any and all claims, actions, or causes of action against the online Commons arising from or related to any Trip organized upon the online Commons's information infrastructure, including but not limited to claims for negligence, breach of contract, or any other theory of liability.

The User agrees to indemnify and hold the online Commons harmless against any claims or demands made by any third party, including but not limited to passengers, insurers, or other individuals, arising out of or in connection with the use of the online Commons.

This hold harmless agreement shall survive the termination or expiration of the agreement and shall be binding upon the User and their heirs, successors, representatives, and assigns.

If the User acts as a Driver, the User confirms that s/he is legally licensed and legally insured with sufficient coverage for casual passengers, as required by law. The User alone is responsible for choosing Trips to create or to join. The User alone is responsible for any financial exchanges agreed to implicitly or explicitly within the context of the online Commons, and agrees they pay nothing to the online Commons for any specific Trip. The User alone is responsible for his or her tax liabilities, if any, for any cost-sharing transactions made between Travelers on any Trip they arranged upon the online Commons platform.

By becoming a Member of the online Commons, the user acknowledges that they have read, understood, and agree to this Hold Harmless Agreement. The frequent reiteration of this Hold Harmless Agreement in the online Commons site pages demonstrates that the User is aware of, and continues to agree to, this Hold Harmless Agreement.