I. General Terms
These Terms of Service form a legal agreement between you and the Lane Transit District (“LTD” or “we,” “us,” or “our”). These Terms of Service govern your use of all electronic LTD services, including services offered through its website, mobile applications (“apps”) and other electronic services (collectively, the “Services”).
By accessing the Services on any computer, mobile phone, tablet, console, or other device, or through use of an electronic fare card, you signify that you have read, understand, and agree to be bound by these Terms of Service, whether or not you are a registered Services user. We have the right to change these Terms of Service at any time. We agree to post a notice of the changes in the footer of our websites, and the changes will be effective 30 days after posting such notice to our website. Your continued use of the Services shall be considered your acceptance to the revised Terms of Service. If you do not agree to these Terms of Service, please do not use any of the Services.
The Services are not a forum for public communication and debate, but a means for LTD to provide information relating to LTD services, programs, objectives, missions, and projects to the public and its customers.
You may need to register for an account before using some of the Services. You may create your own account or an account may be assigned to you by an administrator, such as an employer or educational institution. If you are using an account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.
You are responsible for any activity that occurs under your account. Keep your username and password secure and do not allow anyone else to use them to access the Services. LTD is not responsible for any loss that results from the unauthorized use of your username and password, with or without your knowledge.
B. Intellectual Property
All content included on or through the Services, such as text (including posts, schedules, arrival information, fare information), graphics (including maps), designs, logos, presentations, videos, data, instructions, photos, and software (the “Materials”), is the property of LTD or its licensors. The Materials are protected by copyright, trademark, and other intellectual property laws.
All trademarks, service marks, and trade names of LTD used in the site are trademarks or registered trademarks of LTD. Third-party trademarks that appear in connection with the Services are the property of their respective owners. You may not use any of the trademarks displayed in connection with the Services without the express written permission of LTD.
C. Limited License
LTD grants you a personal, United States, royalty-free, non-assignable, and non-exclusive license to use the Materials provided to you by LTD as part of the Services. When a Service requires or includes downloadable software (such as apps), LTD grants you a personal, United States, royalty-free, non-assignable, and non-exclusive license to download the software onto your mobile device. These licenses are for the sole purpose of enjoying the Services and are subject to the license restrictions below.
Unless laws prohibit these restrictions or you have our written permission, you may not:
- Copy, modify, distribute, sell, or lease any part of our Services or included software;
- Reverse engineer or attempt to extract the source code of our software;
- Download, print, copy, distribute, or otherwise use Materials for commercial purposes, including commercial publication, sale, or personal gain;
- Use any manual process or robot, spider, scraper, or other automated means to collect information or Materials from the Services or from users of the Services;
- Circumvent any of the technical limitations of the Services or interfere with the Services, including by preventing access to or use of the Services by our other users;
- Change or remove any copyright, trademark, or other proprietary notices, including, without limitation, attribution information, credits, and copyright notices that have been placed on or near the Materials; or
- Impersonate any person or entity or misrepresent yourself or your entity in connection with the Services, or attempt to use another user’s account without the user’s permission.
D. Third-Party Services
The Services may contain links to websites, applications, or other products or services operated by other companies (“Third-Party Services”).
All decisions as to the placement of links to external sites or pages from the Services will be made by LTD in its sole discretion. LTD is not responsible for and does not endorse the content of any third-party website or service. Third-party websites are governed by the separate terms and privacy practices of such third parties. You access such Third-Party Services at your own risk. In the case of third-party apps, we list or link to them merely as a convenience to our users, and LTD does not sponsor or endorse these apps. We expressly disclaim any liability for these Third-Party Services.
E. User Content
In the event that you submit or post any creative suggestions, proposals, or ideas about our products and services, you agree that such submissions will be automatically treated as non-confidential and non-proprietary. We may use your feedback without any obligation or credit to you.
1. Content Rules
You represent and warrant that your user content does not and will not violate these Terms of Service or the rights of any third party, including infringing or misappropriating any third-party intellectual property and publicity rights or violating the privacy rights of another person. You are solely responsible for your user content.
2. User Content Is Not Prescreened
We do not prescreen content posted by users and cannot guarantee the Services will be free from content that is inaccurate, deceptive, offensive, defamatory, unlawful, or otherwise objectionable. You acknowledge that we are acting only as a passive channel for such distribution. We have no liability relating to any user content or activities of users through the Services. Even in the event we choose to monitor any user content, we assume no responsibility for, or any obligation to monitor or remove, such user content. If you have concerns about any content posted by another user, please contact us at: firstname.lastname@example.org.
3. Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Lane Transit District or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
F. Links to Our Website
LTD permits links from other websites in accordance with the following conditions:
- The appearance, position, and other aspects of the link may not be such as to damage or dilute the goodwill associated with LTD’s name and trademarks or be displayed in any manner that is likely to cause confusion among the public or disparage or discredit LTD;
- The appearance, position, and other attributes of the link may not create the false impression that an organization or entity is sponsored by, affiliated with, or associated with LTD or that views expressed on the website are those of LTD. LTD reserves the right to require that the linking website include notice stating that it is an unofficial website and is not endorsed by, sponsored by, or affiliated with LTD and that any views expressed on the website are not those of LTD; and
- When selected by a user, the link must display the LTD website in full screen, not within a frame on the linking website.
We reserve the right in our sole discretion to (i) suspend or terminate your account, (ii) delete any or all of your user content, (iii) restrict your use of all or any part of the Services, and (iv) modify or discontinue any part of the Services, for any or no reason, without notice, and without liability to you or anyone else. We also reserve the right to block users from accessing the Services by using any technology available, such as blocking certain IP addresses or device numbers.
H. Your Representation and Warranties
You represent and warrant that: (i) you are 13 years of age or older; (ii) you have provided accurate and current information about yourself; (iii) you are eligible to use the Services and have the right and power to enter into these Terms of Service; (iv) you will comply with all federal, state, and local laws; (v) you will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner that interferes with the operation of the Services; and (vi) you will comply with these Terms of Service.
I. Warranty Disclaimer
Although LTD strives to provide Materials that are both useful and accurate, the nature of the data and other information available through the Services is subject to frequent change. Accordingly, the Materials may not always be up-to-date, accurate, or complete. The Services and Materials are provided “as is,” “as available,” and without warranties of any kind. You use the Services and Materials at your own sole risk. To the fullest extent permitted by law, we disclaim all warranties of any kind, whether express, implied, or statutory, including, without limitation, implied warranties of title, quality, performance, merchantability, fitness for a particular purpose, accuracy, and non-infringement, as well as warranties implied from a course of dealing or course of performance. LTD does not warrant that the Services will be continuous, prompt, secure, or error-free. LTD assumes no liability for any errors or omissions, including the inaccuracy of content, or for any damages or losses that you or any third party may incur as a result of the unavailability of the Services. LTD assumes no responsibility, and shall not be liable for, any damages to your equipment, devices, or other property arising from your use of the Services.
Limitation of Liability; Limitation of Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LTD AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICES PROVIDERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (REGARDLESS OF WHETHER WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER BASED ON OR UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATED TO (i) THE USE OR THE INABILITY TO USE THE SERVICES OR ANY ERRORS, OMISSIONS, OR INACCURACIES IN ANY MATERIALS AVAILABLE THROUGH THE SERVICES; (ii) THE CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) THE PERFORMANCE OF THE PRODUCTS AND SERVICES PURCHASED THROUGH THE SERVICES; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, CONTENT, OR PERSONAL INFORMATION; (v) ANY BUGS VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES; (vi) OR ANY OTHER MATTER RELATING TO THE SERVICES OR ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SERVICES.
IN NO EVENT SHALL LTD’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED $500. Applicable law may not allow certain limitations or exclusions of liability, so some of the above limitations may not apply to you.
You agree to defend, indemnify, and hold harmless LTD and its officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Services, including, without limitation, your user content or any use of the Materials other than as expressly authorized in these Terms of Service.
J. Electronic Communications
By using the Services, you agree to receive certain electronic communications from us, whether through the Services or by email. You may unsubscribe from certain communications at any time by clicking the appropriate link in the communication. You agree that any notice, agreement, disclosure, or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. All calls, emails, and other communications between you and LTD may be recorded and stored. All such communications from you shall be treated as user content hereunder.
By creating an account or signing up for service updates, you agree that we or persons acting for us may send you informational text (SMS) messages as part of your use of the Services. You may opt out of receiving text (SMS) messages from LTD at any time by replying STOP to the text or by emailing LTD at email@example.com indicating that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
K. Other Provisions
1. LTD Ordinances
Use of the LTD Transit System is subject to LTD ordinances and applicable law. LTD reserves the right, without refund of any amount paid, to prosecute and to impose any penalties allowed by LTD ordinances or law, including, but not limited to, exclusion and citation, upon any person whose conduct violates LTD ordinances or applicable law while on the LTD Transit System. You agree to fully cooperate with LTD Inspectors and peace officers upon demand to exhibit proof of fare payment in accordance with LTD ordinances.
The terms that by their nature may survive termination shall remain in effect and survive the termination of these Terms of Service, including, without limitation, User Content, Intellectual Property, Indemnity, Warranty Disclaimer, Limitation of Liability; Limitation of Damages, and Other Provisions.
These Terms of Service are personal to you, the user. You may not assign these Terms of Service or any rights and licenses in these Terms of Service to another party. These Terms of Service may be assigned by LTD without restriction.
These Terms of Service will be governed by the laws of the state of Oregon, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Lane County, Oregon, and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens, or otherwise. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.
5. Limitations on Claims
Any cause of action or claim you may have with respect to the Services (including, without limitation, the purchase of products and services through the Services) must be commenced within one year after the claim or cause of action arises, or such claim or cause of action is barred.
6. No Waiver
Our failure to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of that or any other right or provision.
If any provision in these Terms of Service is determined by a court to be invalid or unenforceable, the remaining provisions of these Terms of Service shall continue to be valid and enforceable.
8. Entire Agreement