Terms of Use

Commuter Connections Terms of Use 

The goal of this Web site is to provide state-of-the-art tools, information and services for various commuter and employer programs designed to mitigate congestion and provide commuting alternatives. The Terms of Use spell out what you can expect from us and what we expect from you. By accessing any areas of CommuterConnections.org and/or CommuterConnections.com, users (“Users”) agree to be legally bound and to abide by the terms set forth below. CommuterConnections.org/.com is owned and operated by Commuter Connections and the Metropolitan Washington Council of Governments (“MWCOG”). Any references herein to CommuterConnections.org/.com shall be deemed to refer to Commuter Connections, as applicable under the circumstances.

Please read these Terms of Use carefully. By accessing, using or continuing to use this “web site” User agrees to accept and to be bound by all of the terms and conditions contained in these Terms of Use. If User does not agree to accept and/or does not agree to be bound by all of the terms and conditions contained in these Terms of Use, then User is not to access, use, or continue to use this” web site” in any way whatsoever.

I. TRADEMARKS

Commuter Connections and CommuterConnections.org/.com are trademarks of Commuter Connections and MWCOG. All rights reserved. These and other Commuter Connections graphics, logos and service marks and trademarks of Commuter Connections and its affiliates may not be used without prior written consent of Commuter Connections. All other trademarks, product names, and company names and logos appearing on Commuter Connections are the property of their respective owners.

II. DISCLAIMERS AND LIMITATION OF LIABILITY

User expressly agrees that use of Commuter Connections services, including but not limited to Ridematching and Guaranteed Ride Home, is at User’s sole risk. Neither Commuter Connections or MWCOG, nor their affiliates, nor any of their officers, directors,  employees, agents, third-party content providers, merchants, sponsors, or licensors (collectively, “Providers”), or the like, warrant that Commuter Connections will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of Commuter Connections, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through Commuter Connections.

This site is provided by Commuter Connections on an “as is” and “as available” basis. Commuter Connections and MWCOG make no representations or warranties of any kind, express or implied, as to the operation of the site, the information, content, material or products, included on this site. To the full extent permissible by applicable law, Commuter Connections and MWCOG disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness of a particular purpose. Commuter Connections and MWCOG will not be liable for any damages of any kind arising from the use of this site, including but not limited to direct, indirect, incidental punitive and consequential damages. No oral advice or written information given by Commuter Connections or MWCOG nor their affiliates, nor any of their officers, directors, employees, agents, providers, or the like, shall create a warranty; nor shall User rely on any such information or advice.

Under no circumstances shall Commuter Connections or MWCOG or any other party involved in creating, producing, or distributing Commuter Connections be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use Commuter Connections, including but not limited to reliance by a User on any information obtained from Commuter Connections or MWCOG or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to Commuter Connections’ records, programs, or services. User hereby acknowledges that this paragraph shall apply to all content and services available through Commuter Connections. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

III. CONTENT

a.  PROPRIETARY RIGHTS

User acknowledges that Commuter Connections contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Commuter Connections owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User’s personal use or to generate matchlists for commuters without Internet access, and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.

b.  THIRD-PARTY CONTENT

Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including Providers or any other User of Commuter Connections, are those of the respective authors or distributors and not of Commuter Connections or MWCOG or their affiliates or any of their officers, directors, employees, or agents. Neither Commuter Connections nor MWCOG nor their affiliates, nor any of their officers, directors, employees, or agents, nor any third party, including any Provider, or any other User of Commuter Connections, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. Under no circumstances shall Commuter Connections or MWCOG, or their affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by a User’s reliance on information obtained through Commuter Connections. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through Commuter Connections.

c.  EXPORT

The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations – including, but not limited to, the Export Administration Act and the Arms Export Control Act –  and not to transfer, by electronic transmission or otherwise, any Content derived from Commuter Connections to either a foreign national or a foreign destination in violation of such laws.

IV. ONLINE CONDUCT

User agrees, through your use of this service, that you will not use this website to post any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violating any law including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. User agrees not to post any copyrighted material unless the copyright is owned by you or by this website. Although Commuter Connections and MWCOG do not and cannot review the electronic communications posted and are not responsible for the content of any of these messages, Commuter Connections reserves the right to delete any the electronic communication for any or no reason whatsoever. User remains solely responsible for the content of your the electronic communication, and you agree to indemnify and hold harmless MWCOG and Commuter Connections, and their agents with respect to any claim, including attorney’s fees incurred responding to such claim, based upon transmission of your message(s), to the full extent permitted by applicable law.

Commuter Connections may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate Commuter Connections; or (iii) to protect the rights or property of Commuter Connections, its Users or Providers, and MWCOG. Commuter Connections reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, Commuter Connections, MWCOG, the communities that Commuter Connections serves, or any rights of Commuter Connections or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither Commuter Connections nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither Commuter Connections nor MWCOG, nor their affiliates, nor any of their officers, directors, employees, or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on Commuter Connections.

V. PRIVACY POLICY

In accordance with the terms of Commuter Connections’ Privacy Policy, Commuter Connections respects the privacy of its Users.

VI. TERMINATION OF USE

Commuter Connections may terminate User’s access, or suspend any User’s access to all or part of Commuter Connections, without notice, for any conduct that Commuter Connections, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a service provider, or Commuter Connections.

VII. USAGE BY CHILDREN UNDER 18

Commuter Connections and MWCOG cannot prohibit minors from visiting this site. Commuter Connections and MWCOG must rely on parents, guardians and those responsible for supervising children under 18 to decide in which services they participate.

VIII. APPLICABLE LAW

This site is created and controlled by Commuter Connections in Washington, D.C. As such, the laws of the District of Columbia will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. Commuter Connections reserves the right to make changes to its site and these disclaimers, terms and conditions at any time and without notifying Users. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the District of Columbia and of the United States of America for any litigation arising out of or relating to use of Commuter Connections (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the District of Columbia Courts and agrees not to plead or claim in any District of Columbia Court that such litigation brought therein has been brought in an inconvenient forum.

IX. SEVERABILITY

The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

X. OTHER PROVISIONS

The Terms of Use, including all documents referenced herein, represent the entire understanding between User and Commuter Connections regarding your relationship with Commuter Connections and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE by using the Commuter Connections web site. The aforementioned Terms of Use are subject to change without notice to you.

If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced.  Headings are for reference purposes only. Failure on Commuter Connections’ part to act with respect to a breach by User or others does not waive Commuter Connections’ or MWCOG’s right to act with respect to subsequent or similar breaches. These Terms of Use, and all writings and web pages incorporated by reference into these Terms of Use, set forth the entire understanding and agreement between us with respect to the subject matter hereof.