1. Acceptance of Terms

By accessing or using Cruise Kauaʻi ("Cruise Kauaʻi," "we," "us," or "our"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms").

If you do not agree to these Terms, you must not access or use the platform.

2. Platform Description

Cruise Kauaʻi is a technology platform that enables users to connect with one another to arrange voluntary, cost-sharing carpools.

Cruise Kauaʻi:

• Is not a transportation provider, carrier, broker, or insurer;
• Does not own, lease, or operate vehicles;
• Does not employ drivers;
• Does not provide rides, transportation services, or commercial ride-hailing services.

All transportation services are provided solely by independent users, and any agreement to share a ride is entered into directly between users.

3. No Agency or Employment Relationship

No joint venture, partnership, employment, agency, or carrier relationship exists between Cruise Kauaʻi and any user, including drivers.

Drivers are independent individuals and are solely responsible for their conduct, vehicles, insurance, and compliance with applicable laws.

4. Assumption of Risk

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PLATFORM AND PARTICIPATION IN CARPOOLING ACTIVITIES INVOLVES INHERENT RISKS, INCLUDING BUT NOT LIMITED TO:

• Personal injury or death
• Vehicle accidents
• Property damage
• Acts or omissions of other users

By using Cruise Kauaʻi, you VOLUNTARILY AND KNOWINGLY ASSUME ALL SUCH RISKS, whether foreseeable or unforeseeable, to the fullest extent permitted by Hawaii law.

5. Platform Role & Limitation of Liability

Cruise Kauaʻi serves as a coordination platform connecting independent community members for voluntary cost-sharing carpools. Cruise Kauaʻi is not responsible for the acts or omissions of independent users, vehicle condition, or the outcome of individual arrangements made between community members.

To the extent permitted by Hawaii law, Cruise Kauaʻi is not liable for claims arising out of transportation activities arranged through the platform.

6. Driver Responsibilities

All drivers agree that they are solely responsible for:

• Maintaining a safe, roadworthy, and legally registered vehicle
• Holding a valid driver's license
• Complying with all Hawaii traffic, safety, and insurance laws
• Maintaining active automobile insurance coverage as required by law
• Confirming with their insurer that carpooling activity is covered
• Ensuring all cost-sharing charges are limited to actual trip expenses
• Not engaging in commercial or for-hire transportation activities

Drivers acknowledge that Cruise Kauaʻi does not verify insurance coverage or compliance beyond basic information collection.

7. Passenger Responsibilities

Passengers agree to:

• Act lawfully, responsibly, and respectfully
• Follow reasonable safety instructions from drivers
• Refrain from illegal, disruptive, or unsafe conduct
• Respect drivers, vehicles, and other users

8. Insurance Guidance

Drivers are responsible for maintaining legally required insurance coverage, and Cruise Kauaʻi encourages all users to confirm their coverage related to carpooling activities with their insurer.

Cruise Kauaʻi does not provide automobile or liability insurance, and users are encouraged to review their policies accordingly.

9. Cost-Sharing Only (Non-Commercial Use)

Cruise Kauaʻi is intended solely for voluntary cost-sharing carpools.

Drivers may only request reimbursement reasonably related to actual trip costs (e.g., fuel, tolls, vehicle wear).

Drivers may not generate profit, receive compensation, or provide transportation for hire.

Use of the platform for commercial ridesharing or for-hire transportation is strictly prohibited.

10. Safety Standards

Cruise Kauaʻi is actively evaluating operational best practices and safety standards appropriate for community-based carpool coordination.

We require license verification for all drivers and are committed to continuously improving our community safety processes.

11. Waiver and Release of Claims

To the fullest extent permitted by Hawaii law, you WAIVE, RELEASE, AND FOREVER DISCHARGE Cruise Kauaʻi and its owners, officers, employees, and affiliates from any and all claims, known or unknown, arising out of or related to:

• Use of the platform
• Participation in carpooling activities
• Acts or omissions of other users

This waiver does not apply to claims that cannot be waived under applicable law.

12. Indemnification

You agree to defend, indemnify, and hold harmless Cruise Kauaʻi from any claims, damages, losses, liabilities, or expenses arising from:

• Your use of the platform
• Your violation of these Terms
• Your violation of any law
• Your acts or omissions related to carpooling activities

13. User Conduct

Users must not:

• Engage in harassment, discrimination, or threats
• Use the platform for illegal purposes
• Misrepresent identity, insurance, or eligibility
• Attempt to circumvent platform safeguards

14. Arbitration & Governing Law

These Terms are governed by the laws of the State of Hawaii, without regard to conflict-of-law principles.

Any dispute shall be resolved through binding arbitration conducted in Kauaʻi County, Hawaii, except where prohibited by law.

15. Changes to Terms

Cruise Kauaʻi may modify these Terms at any time. Continued use of the platform after changes constitutes acceptance.

16. Contact Information

For questions regarding these Terms, please contact us through the Cruise Kauaʻi website.